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HomeMy WebLinkAboutAgenda Packet City Council - 04/23/2013Tuesday, April 23, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 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 ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Luis Cabrera, Maranatha 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. E. Proclamations / Commendations 1. 13- 000359 Proclamation declaring April 21 -27, 2013 as "National Medical Laboratory Professionals Week" Proclamation declaring April 21 -27, 2013 as "National Crime Victims' Rights Week" Proclamation declaring April 23, 2013 as "Mike M. Anzaldua Jr. Day of Remembrance" Proclamation declaring April 26, 2013 as "Arbor Day" Proclamation declaring May 1, 2013 as "Corpus Christi Technology Olympics Day" Proclamation declaring May 5 -11, 2013 as "Goodwill Industries Week" Proclamation declaring May 11, 2013 as "Lemonade Day Corpus Christi" Swearing -in Ceremony of newly appointed City board, commission and committee members Corpus Christi Page 1 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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 SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. EXECUTIVE SESSION: (ITEMS 2 - 4) 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. 2. 13- 000373 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session. 3. 13- 000374 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from Staples Center Retail Venture, LP, a business prospect that the City Council seeks to have locate, stay or expand in the territory of the City and with which the City is conducting economic development negotiations, and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. 4. 13- 000375 Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys regarding Civil Action No. 2 -12 -cv -00217 styled United States of America v. The City of Corpus Christi, Texas presently pending in the United States District Corpus Christi Page 2 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Court for the Southern District of Texas, Corpus Christi Division,with possible discussion and action in open session. H. MINUTES: 5. 13- 000360 Approval of Regular Council Meeting of April 9, 2013 and Workshop Meeting of April 16, 2013. Attachments: Minutes - Apri 19,20 13 Minutes - April 16, 2013 I. BOARDS & COMMITTEE APPOINTMENTS: (NONE) J. 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. K. CONSENT AGENDA: (ITEMS 6-18) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. 6. 13- 000258 Lease Purchase of a pneumatic roller for street repair projects Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount of $112,183.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. Attachments: Agenda Memo - Caterpillar Pneumatic Roller.pdf 7. 13- 000260 Service agreement for the printing, processing and mailing of utility bills Motion awarding a service agreement with QuestMark Information Management Inc., of Houston Texas, to provide printing, processing and mailing of utility bill services, based on lowest responsible bid, for an estimated three year expenditure of $307,905.84 of which $25,658.82 is required for the remainder of this fiscal year. The term of the contract Corpus Christi Page 3 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 8. P1 10. will be for thirty -six months, with two, twelve month automatic extensions. Funding is available in the Utility Business Office Operations Budget of the Finance Department for fiscal year 12/13. Attachments: Agenda memo - Utility Bill Processing . • I R s 13- 000272 Supply agreement for lease of computers for City use Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 6656492 for an estimated expenditure of $1,011,500.93. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012 -13. Attachments: Agenda memo - Lease of Dell Computers.pdf 13- 000273 Supply agreement for chemicals to be used for odor control at wastewater treatment facilities Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0124 -13 based on lowest responsible bid for an estimated twelve month expenditure of $308,200 of which $102,733.33 is required for FY 2012- 2013.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 are available in the Wastewater Operations Budget in FY2012 -2013. Attachments: Agenda Memo - Ferrous Sulfate.pdf 13- 000293 Supply agreement for office supplies, equipment and furniture Motion approving a supply agreement Supply, Inc., Corpus Christi, TX for furniture, based on lowest local bid, in BI- 0245 -12, for an estimated annual which $137,434.32 is required for the term of the agreement will be for one up to four additional one -year periods supplier and the City Manager or designee. with Gateway Printing and Office office supplies, equipment and accordance with Bid Invitation No. expenditure of $549,737.29, of remainder of FY 2012 -2013. The year with an option to extend for subject to the approval of the Funds have been budgeted Corpus Christi Page 4 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 11 Ii `a 13 14 by using departments in FY 2012 -2013. Attachments: Agenda memo - Office Supplies 13- 000287 Engineering design contract amendment no. 4 for Citywide Hydraulic Model - Sanitary Sewer Overflow Initiative Motion authorizing the City Manager, or designee, to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, of Garland, Texas in the amount of $179,251.00, for a restated fee not to exceed $2,342,179.00 for Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI). Attachments: Agenda Memo - Citywide Hydraulic Model. pdf , 131110A .•- 13- 000290 Architectural design contract for tennis center repairs and upgrades for HEB and Al Kruse tennis centers (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis Center Repairs and Upgrades - HEB and Al Kruse, for design, bid, and construction phase services BOND ISSUE 2012. Attachments: Agenda Memo - Tennis Center Repairs and Upgrades.pdf ..� • laimme .� 13- 000214 Engineering design contract for park development and improvements at Bill Witt/Oso Creek Park (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $156,780.00, for Community Park Development and Improvements for design, bid, and construction phase services BOND ISSUE 2012. Attachments: Agenda Memo - Community Park Development 13- 000297 Interlocal agreement for oil spill training and equipment storage at the marina Corpus Christi Page 5 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Corpus Christi regarding Corpus Christi Marina operations Attachments: Agenda NSCS & CCM Oil Spill School 2.pdf • ; . •_� •� ;l1 \ +rte - a ++r' 15. 13- 000288 Second Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2, on property located at 6810 South Staples Street (1st Reading 419113) Case No. 0313 -02 HEB Grocery Company, LP: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on 15.73 acres (Tract 1) and to the "CN -1" Neighborhood Commercial District on 5.48 acres (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. The property to be rezoned is described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 13, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. Ordinance Ordinance amending the Unified Development Code ( "UDC") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0313 -02, HEB Grocery Company, LP A • 16. 13- 000289 Second Reading Ordinance - A request for a Special Permit Time Extension for an additional 12 months, on property located at 2217 Corpus Christi Page 6 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Flour Bluff Drive (1st Reading 4/9/13) Case No. 0711 -02 Sigifredo Montemayor: A request for a Special Permit Time Extension for an additional 12 months. The property to be rezoned is described as Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive approximately 350 feet north of Purdue Road. Planning Commission and Staff Recommendation (March 13, 2012): Approval of the requested Special Permit time extension for an additional 12 months. Ordinance Ordinance amending Ordinance No. 029355, upon application by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a 12 -month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0711- 02,Montemayor SP Time Ext FINAL 9131IM4 '••• t I • T• - • Extension Request) Ordinance - 0711-02, Montemayor,CN-1 SP Time Ext FINAL 17. 13- 000244 Second Reading Ordinance - Approval of Type A grant for federal grant application to locate an Unmanned Aerial Systems test range in the City; amending the budget, and appropriating the funds (1st Reading 4/9/13) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC ") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. Attachments: Agenda Memo - TAMU -CC FAA Center • t • t t7a •_.� _ _.•. x - Corpus Christi Page 7 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 18. 13- 000259 Second Reading Ordinance - Construction contract for Saluki Street rehabilitation; amending capital improvement budget to add project and account for expenditures (1st Reading 419113) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. Attachments: Agenda Memo - Saluki Street.gdf L. PUBLIC HEARINGS: (ITEMS 19 - 25) 19. 13- 000300 Public Hearing and Resolution adopting the 5 Year Consolidated Action Plan for housing and homeless needs Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. Attachments: Agenda Memo - CAP FY2013- FY2017 5 Year Plan Resolution - FY2013- FY2017 PLAN Reso AmendedDWB 20. 13- 000301 Public Hearing and First Reading Ordinance - Adopting the Consolidated Annual Action Plan for housing and homeless needs Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG Corpus Christi Page 8 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 21 22 iiE01 [' #T+T+191lie funding agreements and other applicable implementation documents to be effective as of August 1, 2013. I ri M. 1T1[ "iTOW47_T±i, Tf►I# [c ?1 EII Public Hearing and First Reading Ordinance - Rezoning from Residential to Office for Minerva V. Muro for property located at 2529 Nemec Street Case No. 1212 -01 Minerva V. Muro: A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Lot 5, Block 2, Nemec Addition, located on the southwest corner of Nemec Street and Dodd Drive. Planning Commission and Staff Recommendation (March 27, 2013): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1212- 01,Minerva Muro rev 4 -4 -13 T„• a I*= Recommended •rd • s to f 20130403 w exhibits • • RS6 to ON 040 exhibit Public Hearing and First Reading Ordinance - Rezoning from Residential to Industrial Elizabeth Anne Meaney for property located at 8801 State Highway 44 Case No. 0313 -01 Elizabeth Anne Meaney: A change of zoning from the "RS -6" Single - Family 6 District to the "IL/SP" Light Industrial District with Corpus Christi Page 9 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 a Special Permit for the wholesale storage and distribution of fuels and lubricants, not resulting in a change to the Future Land Use Map. The property being rezoned is described as being an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0313 -01, Elizabeth Meaney Map - Aerial view O • ss to ILSP vFinal 20130409 w exhibits. 23. 13- 000315 Public Hearing and First Reading Ordinance - Rezoning from Residential to Commercial for Hernando Ariza Soto for property located at 12337 Leopard Street Case No. 0313 -03 Hernando Ariza Soto: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from low density residential to commercial. The property to be rezoned is described as being a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Planning Commission and Staff Recommendation (March 27, 2013): Corpus Christi Page 10 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0313 -03, Hernando Soto 4 -9 -13 C�7Tr �. tl" Ilii' i�' 7►. .�'.i�i:�""1�ii�i+i�[�""1'"5�9+ +:► �l: Z+" 1+ 3� lZCT�fiTl�fi�.1F►1�i1- �7i11i7fr 24. 13- 000316 Public Hearing and First Reading Ordinance - Rezoning from Commercial to Residential for George Shaheen for property located at 7953 South Staples Street Case No. 0313 -04 George Shaheen: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0313 -04, George Shaheen Corpus Christi Page 11 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 25 M. 26 13- 000317 Public Hearing and First Reading Ordinance - Rezoning from Manufactured Home to Residential for The Lakes at King Estates, Inc. for property located at 1937 Division Road Case No. 0313 -05 The Lakes at King Estates, Inc.: A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by The Lakes at King Estates, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0313 -05, The Lakes at King Estates, Inc .• t- • • ' -• ! I • + i • 1 . I - - ♦ . 1 LWA-W I1 REGULAR AGENDA: (ITEMS 26 - 30) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13- 000362 Request by Petitioners to repeal Ordinance No. 029791 regarding the frequency of testing for residential irrigation backflow devices Ordinance considering a request by petitioners, pursuant to Article I, Section 4 of the City Charter to repeal Ordinance No. 029791 which amended the Code of Ordinances, Chapter 14 regarding the frequency of testing for residential irrigation backflow devices; repealing adopted ordinance; providing for publication; and declaring an emergency. Attachments: Agenda Memo - Petitioner's Request z , -= Corpus Christi Page 12 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 27. 13- 000227 Second Reading Ordinance -Amending the lease of a portion of Mt. Vernon Park for the proposed expansion of the Deaf & Hard of Hearing Center located at the 5100 block of McArdle Road near La Palmera Mall (1st Reading 3119113) Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. Attachments: Agenda memo - CCArea Council for the Deaf 28. 13 -00071 Agreement for temporary tax abatement for the development located in the 800 block of Carancahua Street Resolution authorizing the execution of an agreement with 164 Corpus, Ltd. (Bay Vista 11 Apartments) providing for temporary property tax abatement. Attachments: Agenda Memo - 164 Corpus ♦ • •{ • • 1 29. 13- 000286 Chapter 380 Agreement for development of an iron and steel facility Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits for the benefit of the City. Attachments: Agenda memo - Exec voestalpine rev 1 30. 13- 000302 Resolution requesting State legislation allowing local governments the option to generate revenue for street repair and maintenance with additional financing tools Corpus Christi Page 13 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Resolution encouraging the 83rd Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. 11 . N. FIRST READING ORDINANCES: (ITEMS 31 - 48) 31. 13- 000335 First Reading Ordinance - Accepting and appropriating State grant funds for Click It or Ticket program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund Attachments: Agenda memo - CIOT LCIPMA .. 32. 13- 000278 First Reading Ordinance -Waiving permit requirements, fees, and inspections for "Lemonade Day Corpus Christi" scheduled events Ordinance authorizing the Corpus Christi - Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events. Attachments: Agenda memo - Lemonade Day 33. 13- 000294 First Reading Ordinance - Approving Grant Amendment to extend contract period and increase funding for Women, Infants and Children (WIC) program Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30, 2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. Corpus Christi Page 14 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 34 35 36 37. Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Attachments: Agenda Memo - Westside Pony Baseball Fields •- Baseball Request Attach • 01 Schedules + ttach - High School -•a Comments - Attach - Spring 2012 BRONCO Sched + •e Fields Usage 2012 13- 000325 First Reading Ordinance - Increasing Beach Parking Permit budget to expand beach parking permit sales Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. Attachments: Agenda Memo - Beach Parking Permit Budget Increase 13- 000326 First Reading Ordianance - Amending City code for Commission on Children and Youth membership Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth. Attachments: Agenda Memo -CCY Ordinance Change 13- 000217 First Reading Ordinance - Amending City code to correct existing speed limit boundaries on McArdle Road Corpus Christi Page 15 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Ordinance amending Section 53 -254 of the code of ordinances to rectify the existing speed limit boundaries on McArdle Road. Attachments: Agenda Memo - McArdle Rd 38. 13- 000270 First Reading Ordinance - Amending City code to set speed limits on Hazel Bazemore Road (CR 69) and County Road 52 Ordinance amending Section 53 -254 of the Code of Ordinances to set the speed limit to 55 mph on Hazel Bazemore Road (County Road 69) between FM 624 and County Road 52; providing for penalties; providing for severance; and providing for publication. A . e N� RM 39. 13- 000271 First Reading Ordinance - Amending City code to establish speed limit designation on Interstate Highway 69 (US 77) and Interstate Highway 37 frontage roads 41. 13- 000343 Corpus Christi Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda memo - Speed Limit US 77 IH 37 Frontage Roads 1 * �* First Reading Ordinance - Appropriate funds for Capital equipment purchase at Corpus Christi International Airport Ordinance appropriating $125,000 from the Unreserved Fund Balance in Airport Fund No. 4610 for purchase of airport capital equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $125,000. Attachments: Agenda Memo - Capital Equipment i' .• •, First Reading Ordinance - Appropriating funds from Passenger Page 16 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 42 43 44. Facility Charge fund for payment of debt service associated with airport improvements Ordinance appropriating $850,981 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 into Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund 4641 for debt service on airport improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $850,981. Attachments: Agenda Memo - PFC Debt Service Appropriation 13- 000344 First Reading Ordinance - Approving two farm lease agreements at the Corpus Christi International Airport Ordinance authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. Attachments: Agenda Memo - Farm Leases 13- 000206 First Reading Ordinance - Reimburse Jimmie and Barbara Moretich for the wastewater development fees paid in 1993 Ordinance appropriating $3,143.60 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A. Moretich wastewater lot/acreage fees previously paid for Lot 7, Block 3, Farias Grant Subdivision and authorizing the City Manager or designee to issue payment. Attachments: Agenda Memo - Jimmie & Barbara Moretich, for wastewater fees paid in 1993 Map - Exhibit A, Farias Grant Subdivision, Block 3, Lot 8 - Moretich •• +��• • -I 1 i I:� fi• : -� 11• - 13- 000236 First Reading Ordinance - Reimburse developer for the construction of a water line in Royal Creek Estates Unit 4 subdivision Corpus Christi Page 17 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. Attachments: Agenda Memo, MPM Development, Reimbursement for 12 -inch water. line,,,-,4-30-201-3 ReimbursementAoreement - Water .Recorded 45. 13- 000303 First Reading Ordinance - Appropriating funds to reimburse developer for the construction of Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer ") for the construction of the Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. Attachments: Agenda Memo - Tortuga Dunes -Zahn Road - Packery Channel ♦''- s. ra 46. 13- 000228 First Reading Ordinance - Appropriating funds for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the Capital Improvement Budget; and executing Amendment No. 1 to the performance contract for energy audit (Phase 2) Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. Corpus Christi Page 18 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 47. 48. A C P-] Attachments: Agenda Memo - Technical Energy_Audit Phase 2 Project Budget - Technical Energy Audit Phase O R t d it Phase 2 l ! .! - !.. Audit Phase R.: 13- 000350 First Reading Ordinance - Appropriating funds related to the American Bank Center Ordinance appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $696,612.16. Attachments: Agenda Memo - Appropriation of Funds Related to the American Bank Center Ordinance- American Bank Center Appropriations 13- 000311 First Reading Ordinance - Appropriating funds in cable franchise revenue for capital expenditures Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. FUTURE AGENDA ITEMS: (ITEMS 49 - 56) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13- 000298 Supply agreement for fire hydrants for new and replacement installations Motion approving a Supply Agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation Corpus Christi Page 19 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 50. 51 67K No. BI- 0104 -13 based on lowest responsible bid for an estimated annual expenditure of $114,139.70, of which $28,534.93 is required for FY 2013. The term of the contract 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 from Warehouse Stores for FY 2012 -2013. Attachments: Agenda Memo - Fire Hydrants.pdf 13- 000276 Service agreement for lead -based paint hazard consultant Motion approving a service agreement with Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services, San Antonio, Texas for lead -based paint hazard consultant services in accordance with Request for Proposal (RFP) No. BI- 0089 -13, based on lowest responsible proposer for an estimated annual expenditure of $57,202. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. Funds have been budgeted by the Neighborhood Services Department in FY 2012- 2013. Attachments: Agenda Memo - Lead -Based Paint Hazard Consultant. pdf 13- 000305 Purchase of Motor Starters for pumping system at Lake Texana pump station Motion approving the purchase of six (6) MX3 motor starters from Curtiss Wright /Benshaw Flow Control Company of Pittsburgh, PA based on sole source, for a total amount of $95,892.00. Funds are budgeted in FY 12 -13 Water Fund. Attachments: Agenda Memo - Purchase of Motor Starters. 13- 000312 Purchase of Security Access System for O.N. Stevens Water Treatment Plant Motion approving the purchase of a security access system for the O.N. Stevens Water Treatment Plant from Total Protection Systems, Inc., Corpus Christi, TX, based on sole source, for the amount of $297,178.68. Funds are available from the Water Dept. CIP Fund No.4088. Agenda Purchase of o 0. N. Stevens PlanLpdf Price .a Sheet _o _ _ - O.N. Corpus Christi Page 20 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 53 54 55 611 13- 000306 Authorization to submit a grant application to State for motor vehicle theft enforcement grant Resolution authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo - ATPA grant application agenda memo 04 09 2013 ♦ W&41MA 13- 000338 Engineering design contract for Corpus Christi Ship Channel Gas Main Crossing Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas in the amount of $68,300, for Corpus Christi Ship Channel Gas Main Crossing for design, bid, and construction phase services. Attachments: Agenda Memo - C. C. Ship Channel Gas Main Crossing Location Contract - C. C. Ship Channel Gas Main Crossinq.pdf • Channel Gas Main Crossinq.pdf Presentation - C. C. Ship Channel Gas Main Crossing 13- 000336 Engineering design contract for J.C. Elliott gas collection and control system repairs Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with SCS Field Services, a Virginia corporation, in the amount of $77,000.00, for a re- stated fee not to exceed $177,400.00 for J. C. Elliott Landfill Gas Collection And Control System Repairs. Attachments: Agenda Memo - JC Elliott Gas Collection Control System Repairs Corpus Christi Page 21 Printed on 411912013 City Council Meeting Agenda - Final April 23, 2013 Resolution recommending and encouraging the United States Congress to pass a Constitutional Amendment establishing that corporations not receive the same legal rights as natural persons; that money not be considered the same as speech, and that independent expenditures be regulated. Attachments: Agenda memo - Citizens United Resolution - Citizens United Adopted Resolution - USCM Citizens United Resolution P. BRIEFINGS TO CITY COUNCIL: (ITEM 57) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 57. 13-000274 Corpus Christi Regional Economic Development Corporation Attachments: Agenda memo - CCREDC PresentaticM Presentation - Quarterly Report I Q. LEGISLATIVE UPDATE: R. CITY MANAGER'S COMMENTS: * Update on City Operations S. ADJOURNMENT Corpus Christi Page 22 Printed on 411912013 a, 7 Tuesday, April 9, 2013 Corpus Christi Meeting Minutes - Final A. CALL MEETING TO ORDER. IL1V10191A1I:0]L1 A City Council 11:30 AM Mayor Martinez called the meeting to order at 11:30 am. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com The invocation was delivered by Pastor Kenneth Mutchler, Immanuel Fellowship Church. C. PLEDGE OF ALLEGIANCE. :111] 1 NEOU I a Council Chambers The Pledge of Allegiance was led by Mr. Dan Biles, Director of Engineering. City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to the conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations / Commendations 1. Proclamation declaring April 21, 2013 as "MADD Powertalk 21 Day" Proclamation declaring April 2013 as "Fair Housing Month" Proclamation declaring April 9, 2013 as "Mayors Day of Recognition for National Service" Proclamation declaring April 7 -14, 2013 as "National Days of Remembrance" Proclamation delcaring April 14 -20, 2013 as "National Public Safety Telecommunications Week" Certificate of Commendation presented to Tom Curlee Mirador Retirement Community and Foundation Check Presentation to the City of Corpus Christi Senior Companion Program and Meals on Wheels Program City Manager's "At Your Service" Award Corpus Christi Page 1 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 This Proclamations were read and presented. F. PUBLIC COMMENT. Mayor Martinez referred to the Public Comment section. Susie Saldana spoke of the condition in streets between the Westside and Southside and also asked for removal of the cap; Mary Lou Huffman spoke in opposition of the street maintenance fee; Wilson Wakefield spoke in opposition of the street maintenance fee; Jack Gordy spoke of an open records request he submitted regarding the legality of a fee for signs on bus benches; Joan Veith asked that citizens be respectful of the Mayor and Council Members; Jerry Garcia spoke of the poor condition of the streets in the westside; Abel Alonzo thanked the volunteers that were recognized during Proclamations, commented on the disparity study by the Human Relations Commission, and spoke of representation for the westside; Dr. Nick Adame asked for equality for the street maintenance fee and that certain entities not be exempt; Terry Mills spoke of support of Dr. Adame's comments; Jacqueline Robinson spoke regarding Item No. 14 on today's agenda and spoke of waterborne diseases and spoke in support of annual inspections for residential irrigation systems; Buck Robinson also spoke in regards to Item No. 14 on today's agenda and in support of annual inspections for residential irrigation systems; and Ted McKinney asked that certain entities not be exempted from the street maintenance fee. G. EXECUTIVE SESSION: (ITEMS 2 -3) Mayor Martinez read Executive Session Item Nos. 2 and 3. The council went into executive session. The council returned from executive session. 2. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from voestalpine, a business prospect that the City Council seeks to have locate, stay, or expand near the territory of the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. Mayor Martinez opened discussion on Item No. 2. Council Member Loeb made a motion to schedule the 380 Agreement with voestalpine for a formal vote at the next business council meeting in two weeks, seconded by Council Member Scott. Roland Radhuber, Company Secretary, voestalpine and Roland Mower, Corpus Christi Regional Economic Development Corporation provided a brief overview of the project and stated that there were 5 entities involved in this project, the Port of Corpus Christi, San Patricio County, San Patricio Drainage District, Gregory Portland Independent School District, and the City of Corpus Christi. Council Members spoke in support of the voestalpine project. Mayor Martinez asked for comments from the audience: Abel Alonzo spoke in support of the project. Corpus Christi Page 2 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 City Secretary Chapa stated that Council Member Magill filed a conflict disclosure statement and would be abstaining on this item. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 1 - Council Member Magill Enactment No: M2013 -063 3. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys about pending or contemplated litigation regarding a City park, with possible discussion and action in open session. This Executive Session item was discussed and no action was taken. H. MINUTES: 4. Approval of Meeting Minutes - Regular Meetings of March 19, 2013 and March 26, 2013. A motion was made by Council Member Leal, seconded by Council Member Mclntrye to approve the minutes as presented and passed. BOARDS & COMMITTEE APPOINTMENTS: 5. Clean City Advisory Committee Coastal Bend Council of Governments Community Youth Development (78415) Program Steering Committee Corpus Christi Downtown Management District Transportation Advisory Committee The following appointments and reappointments were made to the City's boards and commissions: Clean City Advisory Committee: Realignment- Kimberly Brumley (Educator), New Appointment -Beth Becerra (At Large) Coastal Bend Council of Governments: Reappointment - Mayor Nelda Martinez, Council Member David Loeb, Council Member Colleen McIntyre, Council Member Mark Scott, Ron Olson, Tom Tagliabue, Richie Quintero, Oscar Martinez and Bill Hennings; Alternates -Armando Chapa, Pat Eldridge, Margie Rose and Lawrence Mikolajczyk Community Youth Development (78415) Program Steering Committee: Reappointment - Belinda Barrera, Jean Marie Giegerich, Cookie Silverman, and Norma Solis (78415); New Appointments - Santiago Hernandez (78415) and Stephanie Knox Corpus Christi Downtown Management District: New Appointment - Michael Richline (Corporate Property Owner) Transportation Advisory Committee: Reappointment - Robert Jacobi Enactment No: Corpus Christi Page 3 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 K. CONSENT AGENDA: (ITEMS 6 -16) Mayor Martinez referred to the Consent Agenda, Items 6 - 16. The following item was pulled for individual consideration, Item No. 14. The remaining items were approved by one vote: 6. Professional services contract for park improvements at Parker Park located on the corner of Waldron Road and Graham Road (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $63,940.00, for Community Park Development and Improvements - Parker Park for design, bid, and construction phase services BOND ISSUE 2012. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2013 -064 7. Second Reading Ordinance -A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, on property located at 7269 State Highway 361. (1st Reading 3/26/13) Case No. 0213 -02 Carl Badalich and Sherry Badalich: A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, not resulting in a change of future land use. The property to be rezoned is described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313 and 3B, located between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. Plannina Commission and Staff Recommendation (Febru 2013): Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, subject to nine conditions. Corpus Christi Page 4 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Carl Badalich and Sherry Badalich ( "Owners "), by changing the UDC Zoning Map in reference to Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores, from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029784 8. Second Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, on property located east of U.S. Highway 77 and at the east end of County Road 52. (1st Reading 3/26/13) Case No. 0213 -01 Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property is described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "I L" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the Corpus Christi Page 5 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029785 9. Second Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, 5402 Chicago Drive (1st Reading 3/26/13) Case No. 0812 -02 N. P. Homes, L.L.C.: A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). Plannina Commission and Staff Recommendation (February 13. 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to eight conditions Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit 2, from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029786 Corpus Christi Page 6 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 10. Second Reading Ordinance -A change of zoning from the "CRA Resort Commercial District to the "Cl" Intensive Commercial District, on property located at 401 South Shoreline Boulevard (1st Reading 3126113) Case No. 0213 -04 TR Inscore LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029787 11. Second Reading Ordinance -A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, on property located at 7511 Wooldridge Road (1st Reading 3126113) Case No. 0213 -03 N. P. Homes, L.L.C.: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a change of future land use. The property to be rezoned is described as Lot 1, Block 20, Rodd East, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. Corpus Christi Page 7 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029788 12. Second Reading Ordinance - Accepting and appropriating a federal grant to support a state initiative to combat narcotics trafficking and related crimes (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $82,003 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $82,003 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029789 13. Second Reading Ordinance - Accepting and appropriating a State Corpus Christi Page 8 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 grant for border security (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $85,000 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant; and appropriating the $85,000 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029790 14. Second Reading Ordinance -Amending Plumbing Code and International Residential Code to establish new language and change the residential irrigation backflow testing requirements from annual to triennial (1st Reading 3126113) Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 6 - Council Member Allen, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Riojas Nay: 3 - Council Member Leal, Mayor Martinez and Council Member Garza Abstained: 0 Enactment No: 029791 15. Second Reading Ordinance - Agreement authorizing the use of property adjacent to Whitecap Wastewater Treatment Plant for staging a fireworks display (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent Corpus Christi Page 9 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Scott Abstained: 0 Enactment No: 029792 16. Second Reading Ordinance - To approve date, location, and admission fees and consideration for the 2013 Buccaneer Days Festival and related activities (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029793 L. PUBLIC HEARINGS: (ITEMS 17 -19) 17. Public Hearing and First Reading Ordinance -A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2, on property located at 6810 South Staples Street. Case No. 0313 -02 HEB Grocery Company, LP: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Corpus Christi Page 10 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 Commercial District on 15.73 acres (Tract 1) and to the "CN -1" Neighborhood Commercial District on 5.48 acres (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. The property to be rezoned is described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 13, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. Ordinance Ordinance amending the Unified Development Code ( "UDC") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 17. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to allow for commercial and multifamily development. He stated that the Planning Commission and Staff recommend approval of the zoning change. A motion was made by Council Member Scott, seconded by Council Member Leal to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Leal, seconded by Council Member Loeb to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 18. Public Hearing and First Reading Ordinance -A request for a Special Permit Time Extension for an additional 12 months, on property located at 2217 Flour Bluff Drive. Case No. 0711 -02 Sigifredo Montemayor: A request for a Special Permit Time Extension for an additional 12 months. The property to be rezoned is described as Flour Heights, Block 1, Lot 22, located along Corpus Christi Page 11 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 the east side of Flour Bluff Drive approximately 350 feet north of Purdue Road. Planning Commission and Staff Recommendation (March 13, 2012): Approval of the requested Special Permit time extension for an additional 12 months. Ordinance Ordinance amending Ordinance No. 029355, upon application by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a 12 -month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 18. Mark Van Vleck, Director of Development Services stated that this is to grant a twelve month time extension for a Special Permit to allow the applicant to construct a storage warehouse. He stated that the Planning Commission and Staff recommend approval of the time extension. A motion was made by Council Member Scott, seconded by Council Member Loeb to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Scott, seconded by Council Member Loeb to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 19. Public Hearing and First Reading Ordinance -A change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, on property located at 4310 Walton Place. Case No. 0712 -01 Garron Dean: A change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, resulting in a change of land use from low density residential to medium density residential. The property to be rezoned is described as Lot 8, Block 3, Alameda Estates, located on the north side of Walton Place and east of Robert Drive. Planning Commission and Staff Recommendation (August 29, 201 Approval of the change of zoning from a "RS -6" Single - Family 6 Corpus Christi Page 12 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 District to a "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, subject to 12 conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Garron Dean, acting as agent on behalf of James Michael Tubbs, Donna Marie Baugh, acting as administrator for the estate of Jerry Robert Baugh, Jr., and Gertrude Baugh ( "Owners "), by changing the UDC Zoning Map in reference to Lot 8, Block 3, Alameda Estates, from the "RS -6" Single - Family 6 District to an "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, and publication. City Manager Olson announced that the Applicant submitted a letter withdrawing the zoning request. M. REGULAR AGENDA: (ITEM 20) 20. Professional services contract for database survey to collect data for street maintenance fee Motion authorizing the City Manager or designee to execute a contract with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $202,500. Mayor Martinez referred to Item No. 20. Oscar Martinez, Assistant City Manager stated that the purpose of this item is to conduct a land use survey of the non - residential properties within the City to identify land use to be used in assigning trip factors for the Street Maintenance Fee. Mr. Martinez added that this item was originally at a cost of $270,000 to be completed with 30 days, but that with the additional support of city staff to work with the contractor the cost is $202,500. Mayor Martinez asked for comments from the public. Johnny French stated that the current database is not current, and stated that he supports a form survey allowing businesses to complete and submit to the City; Pat Veteto spoke in support of the street maintenance fee; Foster Edwards thanked staff for working with the Chamber of Commerce in regards to the street maintenance fee, spoke in favor of the proposal and announced that the Chamber is hosting a meeting on Thursday, April 11th at 8:30 am to discuss the street maintenance fee; and Abel Alonzo spoke in support of approving the contract for the land use survey and thanked Mr. Oscar Martinez for all his work on this project. Mr. Martinez stated that the timeline for the Street Maintenance Fee is to complete the database survey in 30 days, and the street maintenance fee in approximately 6 to 8 weeks. Mayor Martinez announced that she is appointing a Street Maintenance Task Corpus Christi Page 13 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 Force comprised of the following four council members: Colleen McIntyre, Rudy Garza, Chad Magill, and David Loeb. She designated Rudy Garza as the Chair. Council Member Scott asked about the direction for the Task Force, and suggested discussing at the Workshop Meeting scheduled for next Tuesday, April 16th. Mr. Olson stated that the agreement states a "not to exceed" amount and that based on the magnitude of work the cost may be under the contract amount. He also stated that the intent is to conduct a full range of trip factors, and further debate the cap or no cap. Mr. Olson also added that the ordinance will include an index of trip factors for the council's approval. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -065 N. FIRST READING ORDINANCES: (ITEMS 21 - 22) 21. First Reading Ordinance - Approval of Type A grant for federal grant application to locate an Unmanned Aerial Systems test range in the City; amending the budget, and appropriating the funds. Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC ") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Corpus Christi Page 14 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 22. First Reading Ordinance - Construction contract for Saluki Street rehabilitation; amending capital improvement budget to add project and account for expenditures. Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 O. FUTURE AGENDA ITEMS: (ITEMS 23 - 34) Mayor Martinez referred to the Future Agenda, Items 23 through 35 and stated that these items are for informational purposes only and that no action or public comment would be taken. Staff provided a presentation on Items 32 and 35. 23. Lease Purchase of a pneumatic roller for street repair projects Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount of $112,183.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. This Motion was recommended by Staff to the Consent Agenda. 24. Service agreement for the printing, processing and mailing of utility bills Motion awarding a service agreement with QuestMark Information Management Inc., of Houston Texas, to provide printing, processing and mailing of utility bill services, based on lowest responsible bid, for an estimated three year expenditure of $307,905.84 of which $25,658.82 is required for the remainder of this fiscal year. The term of the contract will be for thirty -six months, with two, twelve month automatic extensions. Funding is available in the Utility Business Office Operations Budget of the Finance Department for fiscal year Corpus Christi Page 15 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 `10a`K1 This Motion was recommended by Staff to the Consent Agenda. 25. Supply agreement for lease of computers for City use Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 6656492 for an estimated expenditure of $1,011,500.93. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012 -13. This Motion was recommended by Staff to the Consent Agenda. 26. Supply agreement for chemicals to be used for odor control at wastewater treatment facilities Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0124 -13 based on lowest responsible bid for an estimated twelve month expenditure of $308,200 of which $102,733.33 is required for FY 2012- 2013.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 are available in the Wastewater Operations Budget in FY2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 27. Supply agreement for office supplies, equipment and furniture Motion approving a supply agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies, equipment and furniture, based on lowest local bid, in accordance with Bid Invitation No. BI- 0245 -12, for an estimated annual expenditure of $549,737.29, of which $137,434.32 is required for the remainder of FY 2012 -2013. The term of the agreement will be for one year with an option to extend for up to four additional one -year periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by using departments in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 28. Engineering design contract amendment no. 4 for Citywide Corpus Christi Page 16 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 Hydraulic Model - Sanitary Sewer Overflow Initiative Motion authorizing the City Manager, or designee, to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, of Garland, Texas in the amount of $179,251.00, for a restated fee not to exceed $2,342,179.00 for Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI). This Motion was recommended by Staff to the Consent Agenda. 29. Architectural design contract for tennis center repairs and upgrades for HEB and Al Kruse tennis centers (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis Center Repairs and Upgrades - HEB and Al Kruse, for design, bid, and construction phase services BOND ISSUE 2012. This Motion was recommended by Staff to the Consent Agenda. 30. Engineering design contract for park development and improvements at Bill Witt/Oso Creek Park (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $156,780.00, for Community Park Development and Improvements for design, bid, and construction phase services BOND ISSUE 2012. This Motion was recommended by Staff to the Consent Agenda. 31. Agreement for temporary tax abatement for the development located in the 800 block of Carancahua Street Resolution authorizing the execution of an agreement with 164 Corpus, Ltd. (Bay Vista I I Apartments) providing for temporary property tax abatement. This Motion was recommended by Staff to the Consent Agenda. 32. Chapter 380 Agreement for development of an iron and steel facility Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks Corpus Christi Page 17 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 potentially within the Corpus Christi city limits for the benefit of the City. This Motion was recommended by Staff to the Consent Agenda. 33. Interlocal agreement for oil spill training and equipment storage at the marina Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Corpus Christi regarding Corpus Christi Marina operations This Motion was recommended by Staff to the Consent Agenda. 34. Resolution requesting State legislation allowing local governments the option to generate revenue for street repair and maintenance with additional financing tools Resolution encouraging the 83rd Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. This Motion was recommended by Staff to the Consent Agenda. P. FUTURE PUBLIC HEARING: (ITEM 35) 35. Public Hearing and Resolution adopting the 5 Year Consolidated Action Plan for housing and homeless needs Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. This Resolution was recommended by Staff to Public Hearing. Q. LEGISLATIVE UPDATE: Mr. Tom Tagliabue, Director of Intergoven mental Relations provided a brief update on the 83rd Legislative Session and referred to a handout listing the priorities that have been adopted between October and January. Mr. Taglibue stated that the council's top priorities wee making good progress, windstorm and transportation funding. Council Member Scott inquired about House Bills 605 and 1832. Mr. Tagliabue suggested sending a letter on behalf of the Council encouraging the delegation Corpus Christi Page 18 Printed on 411612013 City Council Meeting Minutes - Final April 9, 2013 to pass the substitute for HB 1832. R. BRIEFINGS TO CITY COUNCIL: (ITEMS 36 - 37) 36. Regional Health Awareness Board Briefing Mayor Martinez referred to Item No. 36, Regional Health Awareness Board Briefing. James Mobley, MD, Chairman, Regional Health Awareness Board stated that the board represents the City of Corpus Christi, San Patricio County and Nueces County and their mission is to ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment and life quality. He then discussed the history, goals, board representatives, and projected budget. Dr. Mobley identified and discussed the following active projects: Nueces County Birth Defects, Eagle Ford Shale, Air Quality, Water Quality, Encycle Facility, and Ballard and Brine Services Sand Pits Superfund sites. Dr. Mobley added the Board will be recommending adding two additional members to represent Rangel College and the Education Service Center. 37. Corpus Christi Convention and Visitor's Bureau Quarterly Briefing Mayor Martinez referred to Item No. 37, Corpus Christi Convention and Visitor's Bureau Quarterly Briefing. Mr. Keith Arnold, CEO, Convention & Visitor's Bureau discussed the HOT collections, overall occupancy, and convention and event sales. He then reported on the conventions in Corpus Christi - Mustang Fest, Bike Fest and Skills USA. Mr. Arnold provided an update on the Leisure and Nature Tourism Stay and Play Attraction savings pass, Interactive Marketing, Traditional Advertising, projected budgets, and economic impact study highlights. Mr. Arnold invited the Council to the 2013 Annual Luncheon on May 8, 2013. S. CITY MANAGER'S COMMENTS: * Update on City Operations T. ADJOURNMENT City Manager Olson announced that the Human Resources department has played a key role in cost savings to the City through the following employee benefit strategies: 1) retirees were shifted into a Medicare Advantage Plan thereby reducing liability by $14 million; 2) consolidating group life and disability insurance under one vendor resulting in a savings of $867,000; 3) Human Resources recently conducted a dependent audit of the city's health plans resulting in a cost avoidance of $1.1 million; 4) the City Employee Wellness Onsite Clinic has resulted in an estimated cost savings of $1.84 million since opening in March 2011, and plans to add a second clinic at another City office; and 5) discuss future initiatives - create Fitness Center, and a smoking cessation program. There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 4:45 pm. Corpus Christi Page 19 Printed on 411612013 ry Corpus Christi s E Meeting Minutes - Final City Council Workshop Session Tuesday, April 16, 2013 A. B C 2 CALL MEETING TO ORDER. I :111] 1 Sele1I a 11:30 AM Mayor Martinez called the meeting to order at 11:30 am. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City Council Chambers City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Ron Olson, and City Secretary Armando Chapa. Note: Council Member Chad Magill arrived at 11:38 am. Present 9 - Mayor Nelda Martinez, Council Member Mark Scott, Council Member David Loeb, Council Member Lillian Riojas, Council Member Kelley Allen, Council Member Chad Magill, Council Member Priscilla Leal, Council Member Colleen McIntyre, and Council Member Rudy Garza Jr. BRIEFINGS TO CITY COUNCIL: Coastal Bend Regional Water Supply Strategy Mayor Martinez referred to Item No. 1, Briefing on Coastal Bend Regional Water Supply Strategy. Gus Gonzales, Director of Water Operations provided an update on regional water supply planning and implementation. He stated that in 1997, Senate Bill 1 divided the State into 16 Regional Water Planning Districts, with the City of Corpus Christi in Region N consisting of 11 counties. Mr. Gonzalez discussed the Summary of Senate Bill 1 Regional Planning Process, Water Demand Projections through the Year 2060; Water Management Strategies (recommended and alternative); comparison of Water Management Strategies; displayed a map depicting the regional water supply map; Supply - Demand including Safe Yield, Average Annual Demand, Surplus and Garwood Rights; the communities relying on Regional Surface Water; Raw Water Diversion Total Summary; and long term Supply /Demand with Water Management Strategy. He stated that ongoing work includes the Mary Rhodes Phase II Project Design, development of a demonstration Saltwater Desal project, working with landowner for 1 m gallon per day groundwater lease near Nueces River, stuyding other areas for potential groundwater development, update Drought Contingency and Conservation Plans, Mayor's Blue Ribbon Water Task Force, Regional Customer Group meeting /discussions and consensus, Water Advisory Group, and Coastal Bend Regional Planning Group N. City -Wide Facility and Property Services Improvement Plan Corpus Christi Page 1 Printed on 411812013 City Council Workshop Session Meeting Minutes - Final April 16, 2013 Mayor Martinez referred to Item No. 2, Briefing on City -Wide Facility and Property Services Improvement Plan. Saundra Thaxton, Interim Assistant Director of Strategic Management stated that improving maintenance of City facilities was a priority identified during the September 2011 city council retreat. She then stated that her department performed a review of facility maintenance and management practices. Next, Ms. Thaxton stated that during their review, an Access Database was created to catalog the City's buildings and properties and discussed the matrix that was used in collecting the data. She then reported the total number of buildings owned by the city, total buildings used by the City, number of buildings where the City is a leasee and lessor and the condition of the buildings, square footage and associated costs; usage of buildings by department and their condition; provided statistics on HVAC systems, and roofs. Ms. Thaxton the discussed the following recommendations: 1) creation of a new Department of City Facilities and Property, 2) establish annual Capital Replacement Plan, 3) appoint Director of City Facilities and Property, 4) Master Planning of Facilities and Property, 5) develop Baselines and Benchmarks for Actual Costs, and 6) pursue Selective Outsourcing. She then discussed the results of a survey of other cities with a high number of buildings and no central management. She displayed maps and charts showing the City Service Center and Temporary Structures, and an example of an action plan. 3. Bond 2014 Execution Strategy Mayor Martinez referred to Item No. 3, Briefing on Bond 2014 Execution Strategy. Dan Biles, Director of Engineering stated that the last three bond elections have included approximately 40 miles of reconstruction including arterials and collectors. He stated that the purpose of the 2014 execution strategy is to adjust the Bond program where the designing of the program, details and costs occur before the Election. He discussed the proposed schedule which includes development of the 2014 street list, approval of the Bond 2014 street list, resolution issuing certificates of obligation, RFP and design consultant selection, deisgn contract negotiations, design contract award and deisgn phase. Based on the passage of propositions, construction could begin within 60 to 90 days after the election. Mr. Biles discussed the Street Assessment Criteria Matrix used for the 2012 project list and discussed the ranking procedure and description of criteria. He then identified the 20 street candidates being assessed but that they could change between now and May, and stated that the Bond 2014 street goal is $55 million. Mr. Biles then discussed the following additional projects: ADA Master Plan, Traffic Signals and Lighting, TxDOT Participation, Ayers Street, and Downtown Street Area Improvements. 4. Design Standards Ordinance Mayor Martinez referred to Item No. 4, Briefing on Design Standards Ordinance. Mr. Dan Biles, Director of Engineering stated that the Unified Development Code has been amended to include design standards for streets for 30 year life and is posted on the City's website . Mr. Biles stated that the following elements of the Unified Development Code will need to be amended: Storm Water Design, Traffic and Signal Design, Wastewater System Design, and Water System Design. Corpus Christi Page 2 Printed on 411812013 City Council Workshop Session Meeting Minutes - Final April 16, 2013 Mayor Martinez announced a 15 minutes recess. The Mayor reconvened the meeting at 3:30 pm. 5. Energy Efficiency Conservation Retrofit for Major City Facilities Mayor Martinez referred to Item No. 5, Briefing on Energy Efficiency Conservation Retrofit for Major City Facilities. Mr. Dan Biles, Director of Engineering provided an update on Phase 1 of the Energy Efficiency Conservation Retrofit for Major City Facilities and stated that Phase 1 included enhancements to the following facilities: City Hall, Health Department, Municipal Court/Police, Museum of Science & History, Central Library, American Bank Center Comples, and the Airport Complex. Mr. Biles stated that enhancements to City Hall include chillers and cooling towers, HVAC improvements, lighting, and vending power management; Museum include HVAC and lighting improvements, and computer power management; American Bank Center include HVAC and lighting, computer and vending power management; Health Department include lighting improvements, computer and vending power management; Police and Courts include HVAC and lighting improvements and computer power management; Central Library include HVAC and lighting improvements, and computer and vending power management. He stated that the annualized construction savings is approximately $491,000. Mr. Biles discussed the project schedule and budget. 6. Plastic Bag Program Mayor Martinez referred to Item No. 6. Plastic Bag Program. Mr. Oscar Martinez, Assistant City Manager stated that this is the 5th presentation regarding the Plastic Bag Program and that staff will be seeking a recommendation from the Council to move forward. Mr. Martinez stated that the goal of the plastic bag program is to reduce the number of plastic bags on roadsides and waterways, reduce the number of contaminated plastic bags at the recycling center and at the landfill. Hestated that they have held approximately 6 meetings with retailers; discussed the Green Star Program and the eligibility requirements, shopping bag standards, and the participation in the Litter Ordinance Education program. Mr. Martinez discussed the following components of the Plastic Bag Ordinance - registration via city managed database annually; signage requirements at entry, exit and points of purchase; single use per plastic bag environmental recovery fee charged to any commercial establishment issuing a plastic bag at the point of a consumer transaction; process in place hardship variance or alternative compliance; and fee or fines for violations. Mr. Martinez discussed options for transaction fees, either a $1 per transaction fee, or a possible range of .05 to .25 cents per bag fee. He added that a per transaction fee is less equitable for small businesses and easier for larger retailers. Next, he discussed the timeline, benchmarks to measure goal attainment, and environmental recovery fee uses. A discussion ensued regarding the Litter Education Campaign, Green Star Program, aspects of the ordinance, transaction fee and per bag fee, citations issued for littering, retailer participation and various other issues. Mr. Martinez summarized the direction of the council: a environmental recovery fee transaction of .10 cents per bag, emphasis on citation enforcement, compliance with citation officer issuance, possible use of revenue to reduce Corpus Christi Page 3 Printed on 411812013 City Council Workshop Session Meeting Minutes - Final April 16, 2013 solid waste fee, option to retailers to chose transaction and individual fee, and litter ordinance for council consideration. 7. Street Maintenance Fee Task Force Discussion B�WIaL01111111NL1 hyiIAL1 III I Mayor Martinez referred to Item No. 7, Street Maintenance Fee Task Force. The council discussed the role of the Street Maintenance Task Force appointed by Mayor Martinez and there was a consensus to allow the Task Force to meet to drill down the survey results as it relates to the street maintenance fee. There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 6:05 pm. Corpus Christi Page 4 Printed on 411812013 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 9, 2013 1852 Action Item for the City Council Meeting of April 23, 2013 DATE: April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Valerie Gray Director of Storm Water and Streets valerie scctexas.com (361) 826 -1875 Caterpillar Pneumatic Roller CAPTION: Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount of $112,183.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. PURPOSE: The Street Department's base failure, utility cut repair and level -up crews require the use of a pneumatic wheel roller to compact soft spots and provide for uniform compaction in hot -mix asphalt used in street repair projects throughout the city. BACKGROUND AND FINDINGS: The current unit has been in service for fourteen years and the useful life of this roller has been exhausted. The local Holt Caterpillar dealer will deliver and service the new unit. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Caterpillar Pneumatic Roller will be funded for a sixty -month period with an estimated interest rate of 1.89 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment for the Caterpillar Roller will be $23,531.04. Total estimated cost over the sixty month period, including principle of $112,183.00 and interest of $5,472.20 is $117,655.20 CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $135,089.71 $109,811.52 $244,901.23 Encumbered / Expended Amount $78,213.36 $0 $78,213.36 This item $7,843.68 $1097811.52 $117,655.20 BALANCE $497032.67 $497032.67 Fund(s): Street Fund Comments: The $7,843.68 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $109,811.52 for the last fifty -six months of payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY ITEM DESCRIPTION Caterpillar CW -14 HW Pneumatic Roller - 1 00h with 5 year /5,000 Hrs. Premier Extended Warranty 28,528 lb. operating weight Price Sheet Buyboard Contract #345 -10 H O LT -CAT Corpus Christi QTY. I UNIT I Price I Price each 1 $112,183.00 $112,183.00 TOTAL: I 1 1 $112,183.00 s cP AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2012 DATE: April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Constance Sanchez, Director of Financial Services Constance PCa)-cctexas.corn 361- 826 -3227 Utility Bill Processing CAPTION: Motion awarding a service agreement with QuestMark Information Management Inc., of Houston Texas, to provide printing, processing and mailing of utility bill services, in accordance with Bid Invitation No. BI- 0043 -13, based on lowest responsible bid, for an estimated three year expenditure of $307,905.84 of which $25,658.82 is required for the remainder of this fiscal year. The term of the contract will be for thirty -six months, with two, twelve month automatic extensions. Funding is available in the Utility Business Office Operations Budget of the Finance Department for fiscal year 12/13. PURPOSE: The contractor is responsible for printing the City's utility bills, processing and preparing the statements for mailing and issuing the bills to our customers. BACKGROUND AND FINDINGS: Approximately 4,000 utility statements are processed for billing each workday of the month. Each day, an electronic file containing the daily accounts that are due to be billed for utility service is transferred to the contractor who processes the statements and mails them to our customers. Included in this service are utility bill forms ordering and inventory control, printing of customer specific data, folding of bills and inserting into envelopes, applying postage to each bill and mailing. The cost of postage is not included in this contract but is billed directly as a pass through cost from the contractor. Delinquency notices and return mail processing is also a part of the service. The contractor will also track each bill as it is processed through their system for quality assurance and quality control purposes. ALTERNATIVES: The City issued a Request for Bid for these services. The recommended award is made to the lowest responsible bidder meeting all aspects of the service requirements. OTHER CONSIDERATIONS: The utility bill will be redesigned to provide for messaging and a graphical presentation of customer usage over time. Once implemented, staff will work with the contractor on expanding paperless notification and billing (ebills) for those customers who prefer this type of service. CONFORMITY TO CITY POLICY: This award conforms to all State Statutes and City policies governing procurement activities of the City. EMERGENCY /NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable (ENSURE THE APPROPRIATE BOX ABOVE IS CHECKED). Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $187,960.00 $282,247.02 $470,207.02 Encumbered / Expended Amount 122,817.55 122,817.55 This item 25,658.82 282,247.02 1 307,905.84 BALANCE $39,483.63 0 $39,483.63 Fund(s): 4010 Comments: The $25,658.82 financial impact shown above represents three months of expenditures that will be encumbered this fiscal year. The remaining $282,247.02 represents thirty -three months of expenditures that will be requested in future fiscal years through the normal budget process. RECOMMENDATION: Staff recommends awarding the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation ADDENDUM 4 — EXHIBIT 2 Service Contract Service Agreement No. THIS Printing, Processing and Mailing Utility Bill Service (this "Agreement ") is entered into by and between 0,,gsrM4,er_ Z1 r*xmA-n6ovMdmT 1-raC , (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Printing, Processing and Mailing Utility Bill Service in response to Bid Invitation No. BI- 0043 -13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Printing, Processing and Mailing Utility Bill Service in accordance with Bid Invitation No. BI- 0043 -13 and Contractors Bid Offer to Bid Invitation No. BI- 0043 -13. 2. Term. This Agreement is for thirty -six (36 ) months commencing on and continuing through , with two (2) automatic twelve month extensions subject to termination by either party with 120 days notice. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Utility Business Manager or designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Certificate must state that the Utility Business Manager or designee will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0043 -13, or the Contractor's bid offer to Bid Invitation No. BI- 0043 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Utility Business Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0043 -13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. .Alternatively, the City may terminate this Agreement upon twenty (120) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Utility Business Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 20 CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services Incorporated: Exhibit A: Bid Invitation No. BI- 0043 -13 Exhibit B: Bidder's Bid Offer Date QuestMark Information Management Beth Ludeke itle: CEO to Z5 cc \ }\ \\ / a ) \§ ■ @m■ aaeGaf© =3 a- �f CIL LU ` } �k / e ak a .0 0 222A� . . . � } IR B � � CV to w . 0 ° k a CR [0d < ' a`0L =IAu« . ke cm Iq §& _ . s . «; )] . Ia . co � co .)- Cl) .2f . . §} - CD 7( §» k /E CD )k \ �§ CR � )� § �§ § . Ete . LO IV cm }/a o =�= \ ■. k k a ) \§ ■ @m■ aaeGaf© =3 a- E i7ibl 1 DATE: April 9, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.co 361- 826 -3169 Michael Armstrong, Director of Information System michaela.L@cctexas.com 361- 826 -3740 Lease of Dell Computers CAPTION: Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 6656492 for an estimated expenditure of $1,011,500.93. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012 -2013. PURPOSE: This lease contract will provide for the lease of computers, servers and other computer peripherals and related products to be ordered by various departments throughout the year. BACKGROUND AND FINDINGS: The desktop computers and servers will be leased for a forty -eight month term. The laptop computers will be leased for a thirty -six (36) month term. The decision to lease the laptops for a 36 month term is based upon the expected life and maintenance costs associated with a laptop computer. The laptops are moved from location to location, may be exposed to extreme temperatures and are susceptible to damage. These conditions tend to lower the expected life of a laptop unit and increase the maintenance cost. Desktop computers and servers are normally located in a stable environment that provide for longer term performance. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at: 1) providing users with the latest technology once every three years for laptops and four years for desktops 2) providing a disposal process for old computer equipment, 3) spreading the cost associated with acquiring computer equipment over the lease period and 4) decreasing the cost associated with maintaining computer equipment by including a warranty for the duration of the lease period. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: Municipal Information Systems (MIS) Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,207,892.15 $919,844.18 $3,127,736.33 Encumbered / Expended Amount $834.822.97 $834.822.97 This item $91,656.75 $919,844.18 $1,011,500.93 BALANCE $1,281,412.43 $1,281,412.43 Fund(s): Monies are budgeted in the 530180 expense account (non - capital lease payments) of the various operational budgets of the requesting departments. Comments: The $91,656.75 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $919,844.18 will be requested during each of the following budget years. The City will order computers as needed and is not compelled to order a minimum number of computers in any given year. If at the end of the twelve -month term of the contract, if all 400 desktop computers, 200 laptop computers and 44 servers are ordered, the City will obligate to the $1,011,500.93 of the award. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. Ln d) (7 d' N .. 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Q U Q m Q m OOa�rn'OO C O 0 U U y E M E O U — E O ° — Ln E O C a5 O I a) U U — U 0 O 0 of 00 W ((0 O M U) U) O N 1- NN� U) W ON,) M n O t 0 O0 t 0 a t 0 a V V M M V t LI W (O (O (O (� O t m W W t m W O O O O O O O O O O N � M 00 W ((0 O O U) ON,) O ON,) V 0 U) 0 a t 0 t 0 a t 0 a t 0 a V V M M V t LI W W t m W W t m W O O O O Q M O LO C N N In 0 d 5D O ` N Q =i p 0 a5 U N a (n > N 2 M 02 T N O .O C6.2 C M 0 N Q a5 ( a (O V aO) UO u ai=o d ° CU m OM O m M O = y C O C ° Q d o Z �'E00 E 7 '6 W — 0 fn U M U C -Coll 0 fan ) E 0 QO a° 5 � 'w = 0 O E m => W U O Q X U) " m N O Q U -C 7= O i Q U 'E O 0 O m OOa�rn'OO JJN- N M N M V Ln (6 O H Ln O O U) O_ LO LO O N N N N 0000 3 O O O O Q O (O (O O O 0 1- 1- 1- O d) r M M I` � I�ooc m O C O U CF) 0 f U O c O O ma 0 o i O L 0 °M ( O LO L W L X U a O J _ 6 6 L t t _ 0 0 OD (O V M M � m _t E V E i7ibl 1 DATE: April 9, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mie cctexas.com 361- 826 -3169 Foster Crowell, Director of Wastewater Operations fosterc cctexas.com 361- 826 -1801 Ferrous Sulfate CAPTION: Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0124 -13 based on lowest responsible bid for an estimated twelve month expenditure of $308,200 of which $102,733.33 is required for FY 2012 -2013. 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 are available in the Wastewater Operations Budget in FY2012- 2013. PURPOSE: This chemical will be used by the Wastewater Department for odor control at sixteen (16) treatment locations. BACKGROUND AND FINDINGS: Historically, the City has received limited bids for this chemical. Included with the supply of chemical are holding tanks and chemical feed injectors. Additionally, the supplier performs testing and analysis of the performance of the chemical and reports these findings to the Wastewater Department. These requirements limit the pool of qualified suppliers of this chemical. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY /NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: Wastewater Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,636,260.06 $205,466.67 $1,841,726.73 Encumbered / Expended Amount $716,285.69 $716,285.69 This item $102,733.33 $205,466.67 $308,200.00 BALANCE $817,241.04 $817,241.04 Fund(s): Wastewater Operation Budget Comments: The $102,733.33 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $205,466.67 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. 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Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Office Supplies CAPTION: Motion approving a supply agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies, equipment and furniture, based on lowest local bid, in accordance with Bid Invitation No. BI- 0245 -12, for an estimated annual expenditure of $549,737.29, of which $137,434.32 is required for the remainder of FY 2012 -2013. The term of the agreement will be for one year with an option to extend for up to four additional one -year periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by using departments in FY 2012 -2013. PURPOSE: This competitive procurement continues consolidation of the City's office supplies, equipment & furniture into one centralized supply agreement. The supplier will provide not only the commodities, but, the service, transportation /freight, material tracking and delivery competencies necessary to provide the City with next -day delivery. BACKGROUND AND FINDINGS: The current office supplies supply agreement has expired and has no extensions remaining, thus, necessitating this procurement. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinances. The ordinance provides for local preference when the local bidder is within 3% of a non -local bidder. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTALCLEARANCES: Financial Services FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,108,203.24 $412,302.97 $1,520,506.21 Encumbered / Expended Amount $863,704.82 $0 $863,704.82 This item $137,434.32 $412,302.97 $549,737.29 BALANCE $107,064.10 $0 $107,064.10 Fund(s): All Funds Comments: The $137,434.32 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $412,302.97, for the last nine months of the contract, will be requested for next fiscal year during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation C14 N Z K O LO U N Z N w O D 0 0 d CO DE (DQa .. O Z_ J D U N D C Q m U H Z LL LL 72 v a m O m 0) � v Ea oc o Lo v ER M V O r- 6-1 00 M N M N 0 N N N T N M 0 ri N LOlf') d) M 6- va J F O v; c O O v O U t a O U O U t c v V_ 0 a O U +L+ 0 0 N C O V C O v �6 f0 3 f0 � N '6 N u O O V O v 0 v O L O H v O m a 6 O > C U v O t CL � v t 3 0 C V 6 C E N O � 'v 3 o v 0 0 0 O v CL u C o Q Q O 0 C V O m O �> ai c C � f0 i -6 N 7 � Q � C7 o V _0 O V � i Z O U N O Q O V N V w C O N N V O � Z a w U of rn c d — 0 � v Q o w (0 (D 0 12 m O w � T H C 0 x a Q w w — U Qx Q O 0) M � Q H d N V M - ) 0 V) M (D W N = w N r- u L w U 0 Z V O M M O n w N 69 eR 63 M tR H Q U W w U_ Q d O I,- O r- N LO (O U7 0 LO 00 r- 00 x nOi ~ w 0 M (0 M LO Z O) rn -7 ao rn o w H o W w U u d ao U7 c N in 00 v 0 N 0) lf') p w M (0 V) t to 0 LO O O � � w H ER ER > x Q o w w U M N U N T 0 O N = 0 O) O) Q OZ L7 0) LO M T U N 3 v 69 69 69 69 N V m w V /U w C7 O u w U a LO (q LO q 0 ao 0 O ui r- Y w M 0 Z m rn L v a v w e» e» N e» X m f0 o V) U w } C 7 E C 7 E C 7 E C 7 E C v C v C v C v Q 7 Q 7 Q 7 Q 7 oa C Z � O m H � d C U Q N M V E CL w ob ob oa oa C W c co w a) CL 7 N n 7 n 7 i n o 7 V Q O C C O O O O w Q (7 H C7 a (7 Li (7 O co - 0) � v Ea oc o Lo v ER M V O r- 6-1 00 M N M N 0 N N N T N M 0 ri N LOlf') d) M 6- va J F O v; c O O v O U t a O U O U t c v V_ 0 a O U +L+ 0 0 N C O V C O v �6 f0 3 f0 � N '6 N u O O V O v 0 v O L O H v O m a 6 O > C U v O t CL � v t 3 0 C V 6 C E N O � 'v 3 o v 0 0 0 O v CL u C o Q Q O 0 C V O m O �> ai c C � f0 i -6 N 7 � Q � C7 o V _0 O V � i Z O U N O Q O V N V w C O N N V O � Z a DATE: March 21, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Execute Engineering Design Contract Amendment No. 4 Citywide Hydraulic Model - Sanitary Sewer Overflow Initiative (SSOI) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, of Garland, Texas in the amount of $179,251.00, for a restated fee not to exceed $2,342,179.00 for Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI). PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, for Citywide Hydraulic Model (SSOI). BACKGROUND AND FINDINGS: The original contract included the development of a SSOI Plan for the Oso service area. Amendment No. 1 incorporated the Broadway and Greenwood service areas in the SSOI program. Amendment No. 2 included the Allison, Whitecap, and Laguna Madre service areas. Amendment No. 3 provided for the development of a comprehensive citywide hydraulic model of the wastewater collection system which included citywide flow monitoring. Phase 1 flow monitoring of Broadway, Greenwood, and Oso service areas was completed on schedule; however, Phase 2 flow monitoring of Allison, Whitecap, and Laguna Madre service areas did not record sufficient rainfall for model calibration. Amendment No. 4, this contract, is necessary due to the lack of rainfall during the Phase 2 flow monitoring. Adequate rainfall data is critical in the process of calibrating the hydraulic model. Major tasks include wastewater flow monitoring at 25 key locations within the Allison, Whitecap, and Laguna Madre service areas and rainfall monitoring at 12 locations to establish storm even intensity and duration. This amendment also revises the project schedule to account for delay of the model development for Phase 2. The hydraulic wastewater system model will equip the City with a powerful tool for analyzing system capacities, bottlenecks, and unwanted overflows before they actually occur. It will help facilitate the development of system improvements by using sound engineering methods and help produce quality maps and calculations to support department needs. Capacity issues can be investigated in a timely fashion using this tool. This allows the City to predict potential capacity problems in advance and develop least cost strategies to optimize system performance. This hydraulic model will serve as the basis for future Wastewater Collection Conveyance System infrastructure planning, prioritization and programming in support of City's Sanitary Sewer Overflow prevention program. ALTERNATIVES: 1. Execute the Contract for Professional Services with Pipeline Analysis, LLC as proposed. 2. Do not execute the Contract for Professional Services with Pipeline Analysis, LLC as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,167,400.00 $1,015,000.00 $3,182,400.00 Encumbered / Expended Amount $2,167,400.00 $2,167,400.00 This Item $179,251.00 $179,251.00 Future Anticipated Expenditures This Project $234,208.00 $234,208.00 BALANCE $0.00 $601,541.00 $601,541.00 Fund(s): Wastewater CIP #4 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $179,251.00. RECOMMENDATION: City Staff recommends the approval of the Amendment No. 4 with Pipeline Analysis, LLC. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET CITYWIDE HYDRAULIC MODEL SANITARY SEWER OVERFLOW INITIATIVE PROGRAM FUNDS AVAILABLE: Prior Wastewater CIP .......................................... ............................... $2,167,400.00 Wastewater CIP FY 2013 .................................... ............................... 1,015,000.00 Total ............................................................... ............................... $3,182,400.00 FUNDS REQUIRED: Construction ( estimate) ....................................... ............................... N/A Contingencies ( 10%) .......................................... ............................... N/A Engineer Fees: Engineer, including this amendment - (Pipeline Analysis, LLC) * ................. 2,342,179.00 Reimbursements Contract Administration (Contract Preparation /Award /Admin) .................... 71,604.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ........................ 111,384.00 Finance........................................................... ............................... 39,780.00 Misc. (Printing, Advertising, etc.) ........................... ............................... 15,912.00 Total ............................................................... ............................... $2,580,859.00 BALANCE.................................................... ............................... $601,541.00 *Orginal Contract approved by City Council on 8/24/10 by Motion M2010 -195 and Large Amendment No. 3 approved by City Council on 06/21/2011 by Motion M2011 -133 City Wide Hydraulic Model - Sanitary Sewer CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS fie' to Initiative DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 4 'L--O'U:TT,4CT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and PIPELINE ANALYSIS, LLC, agree to the following amendments to the Contract for Engineering Services for Citywide Hydraulic Model-Sanitary Sewer Overflow Initiative ISSOIJ (Project No. E100151, as authorized and administratively amended by: ERE M-W- RIP-11M August 24, 2010 j Motion No. M2010-195 Amendment No. I October 11 2010 Administrative Approval Amendment No. 2 December 4, 2010 Administrative Approval I Amendment No. 3 June 21, 2011 EXHIBIT "A", SECTION 1. SCOPE OF ENGINEERING SERVICES, shall be amended • the additional tasks as described in Amendment No. 4. Exhibit EXHIBIT "A", SECTION 2. PROJECT SCHEDULE shall be amended as specified in the attached Amendment No. 4 Exhibit "A", Schedule. HEMM 1111111111111111111111 lip All other terms and conditions of August 24, 2010 contract between the City and Engineer will remain in full force and effect. MW L4 WIfframi 11TI OW-M AMEND. NO. 4 Page I of 2 MENGINEERING DATAEXCHANGEJENNIFF-RkVVASTEWATERVE10015 CITYWIDE 68 HYDRAULIC MODWAMENDMENT NO 45CONTRACI XCONTRACT. DOC . It ' , Legal Department Date ATTEST Armando Chapa, City Secretary Project No. E10015 Fund Source No. 550950 -4510- 00000- E10015 Fund Name: Wastewater Capital Reserves Encumbrance No. AMEND. NO.4 Page 2 of 2 MENGINEERING DATAEXCHANGEWENNiFER1WASTEWATER1E10015 CITYWIDE SS HYDRAULIC MODMAMENDMENT NO.4%CONTRACTICONTRACT.DOC PIPELINE ANALYSIS`- v,1_S,'_rv=TD1 COLLEC'710N rNGWEERS March 4, 2013 William J. Green, P.E. Assistant Director of Engineering Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3598 - direct (361) 816-4916 - mobile billa(&_�cctexas. coin Dear Mr. Green, 1115 Main Street Garland, Texas 75040 800-637-0164 RE: Contract Amendment No. 4 City-Wide Sanitary Sewer Hydraulic Model Phase 2 Temporary Wet Weather Flow Monitoring (Project No. E10015) The prime contract provided technical assistance necessary to prepare a SSO Initiative Plan for the Oso service area and a city-wide CMOM (Capacity, Management, Operation & Maintenance) Self-audit to meet TCEQ and proposed EPA regulations. The original contract included the development of a SSO Initiative Plan for the Oso Service Area and Amendment No. I authorized Pipeline Analysis to incorporate the Broadway and Greenwood Service Areas into the SSO Initiative program. Amendment No. 2, in anticipation of future TCEQ actions, included the Allison, Whitecap and Laguna Madre Service Areas. Amendment No. 3 provided for the development of a comprehensive city-wide hydraulic model of the wastewater collection system which included city-wide flow monitoring. Phase I flow monitoring of Broadway, Greenwood and Oso Service Areas was completed on schedule; however, Phase 2 flow monitoring did not record sufficient rainfall for model calibration. Amendment No. 4 to this contract is necessary due to the lack of rainfall during the Phase 2 temporary flow monitoring of the Allison, Laguna Madre and Whitecap service areas. Adequate rainfall data is critical in the process of calibrating the hydraulic model. Inadequate rainfall during flow monitoring in 2012 has necessitated the need for additional flow monitoring in May — June, 2013. The hydraulic wastewater system model will equip the wastewater department with the tools for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. The hydraulic model will facilitate system analysis, aid in development of system improvernents, produce informational maps/exhibits, and will predict the system's response to future improvements. The hydraulic model will enable the City to assess and predict potential capacity requirements and develop least cost strategies to optimize system performance. The major tasks included in the city-wide project scope for this Amendment No.4 are: • Wastewater Flow Monitoring at 25 key locations within the Allison, Laguna Madre and Whitecap Service Areas. • Rainfall monitoring at 12 locations to establish storm event intensity and duration. AMEND. NO. 4 EXHIBIT "A" Page 1 of 15 The total amount of this Amendment is $179,251 as shown in the breakdown on Attachment "A ". The man hour and fee analysis for this Amendment is shown in Attachment "B ". I have also attached the project schedule for the work as shown in Attachment "C ". If you have any questions or require additional information, please give me a call at (800) 637 -0164 or email me at jforbes@pipelineanalysis.com. Very truly yours, PIPELINE ANALYSIS, LLC James H. Forbes, Jr., P.E. Attachments: Attachment "A" Attachment `B" Attachment "C" AMEND. NO.4 EXHIBIT "A" Page 2 of 15 Attachment A Project No. E! 0015 7-rofessional Services Contract City of Corpus Christi l��� Jill - 77 Vito JIIIJ��111111 Phase 2 Re-Flow Monitoring Allison. Ls , Madre and WhitecaD Service Are) March 2013 IPELINE ANALYSIS"' in association with LNV engineers I architects i contractors AMEND. NO. 4 EXHIBIT "A" Page 3 of 15 Attachment A SCOPE OF WORK CITY OF CORPUS CHRISTI, TEXAS SANITARY SEWER OVERFLOW REDUCTION PROGRAM WASTEWATER HYDRAULIC MODELING Amendment No.4 Phase 2 Temporary Flow Monitoring CITY PROJECT E10015 BACKGROUND The approach to the hydraulic modeling of the wastewater collection system is organized around the City's objectives for this project: • Reduction in Sanitary Sewer Overflows • Cost controls and Least Cost Alternatives • Attainment of long -term Infiltration/Inflow solutions • Collection System Capacity Assurance • Regulatory compliance • Customer satisfaction GENERAL INFORMATION A hydraulic wastewater system model will equip the wastewater department with the tool for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. The hydraulic model is calibrated to actual wastewater flows using temporary flow meters placed at key locations within the collection system. Inadequate rainfall during Phase 2 in 2012 has resulted in the need to obtain additional wastewater wet weather flow measurements in order to calibrate the hydraulic model. OBJECTIVES This project will address the following objectives: 1. Install approximately 25 temporary flow meters within the Allison, Laguna Madre and Whitecap service areas and record dry and wet weather wastewater flows. 2. Install 12 temporary rainfall gauges to establish the rainfall intensity and duration. 3. Analyze the recorded data and update the Phase 2 Final Report to include this additional collected data. PROJECT PHASING Phase 2 will consist of the Allison, Laguna Madre, and the Whitecap WWTP basins. The earliest historical optimum period to record wet weather flows is during May and June. MODEL BENEFITS • Flow Capacity Evaluation • Overflow Management • Infiltration/Inflow Modeling • System Deficiency Identification • CIP Development • New System Design 4of15 BASIC SERVICES — N/A The development of a hydraulic model for the six wastewater service areas ensures consistent assessment of future growth, maintenance and system capital requirements for current and future conditions. Furthermore, hydraulic modeling will provide the project team consultants with pertinent data to assess system impacts to various wet weather events and will further enable the project team to test cost effective repair strategies and alternatives. Modeling will allow the team to conduct a series of "what if' scenarios that will help determine least cost solutions. These various scenarios take into account the City of Corpus Christi maintenance and personnel needs, budget, planned growth, capacity issues and can be used to more accurately design relief and/or replacement lines and optimize system rehabilitation. The following tasks are anticipated with the hydraulic modeling effort: 1.6 Wastewater Flow and Rainfall Monitoring Develop a 60 day wastewater flow monitoring plan to collect data that will be used for hydraulic model calibration, establish magnitude of wet weather inflow and prioritize sub-basins for future testing and rehabilitation. Mobilize flow monitoring team and coordinate startup. Establish personnel assignments and responsibilities. Inventory equipment needs and order expendable supplies. Perform meter pre- calibration, prepare mounting rings for various pipe sizes, set-up meter database and project information. Delineate sub-basin boundaries based on current GIS mapping for each preliminary site such that the linear footage of pipeline within each sub-basin can be determined. 1.6.1 Preliminary Monitoring Locations —Previously completed. 1.6.2 Finalize Flow Monitoring Locations —Previously completed. L6.3 Conduct Field Inspections —Previously completed. 1.6.4 Conduct Flow Monitoring for 60 days (including Rainfall Gauges) Temporary flow meters will be utilized to establish wastewater flows during dry (and wet) weather conditions. Flow metering equipment will be capable of recording flow under surcharged conditions and will be synchronized to the same clock used for rain gauges. The duration of monitoring will be 60 days. A total of 25 temporary flow meter sites and 12 rain gauge sites are anticipated based on a preliminary evaluation. The following is a summary of consultant provided equipment: Service Area Flow Rainfall Meters Gauges ALLISON-PH2 8 4 LAGUNA-PH2 10 4 WHITECAP-PH2 7 4 Phase 2-Sub-total 25 12 Pipeline Analysis staff will use sound engineering judgment in adjusting raw depth and velocity data to account for debris, etc. and may use other analysis techniques, such as scatter graphs, AMEND. NO. 4 EXHIBIT "A" Page 5 of 15 multiple flow equations and hydrographs to review data integrity or further analyze the flow data. Each meter will be field calibrated prior to installation. Calibration of each meter will consist of an independent verification of the flow depth and velocity. The flow sensors will be secured to a mounting band that fits snugly in the pipeline. The data logger for each site will then be installed and secured in the top of each manhole and the meter will be activated at industry standard user defined sampling intervals not to exceed 15 minutes. Continuously recording rainfall gauges will be installed to obtain each storm event intensity and duration across the study area. Each rainfall gauge will be installed and calibrated to ensure proper operation and recording. Rainfall gauges are of the tipping bucket type and accurately record rainfall to 0.01 inches. Maintenance logs will be prepared by consultant for each weekly site visit and will show as a minimum the date, time, operational check, verification of recordings, and other applicable maintenance items. The frequency of site visits will be based on the site history and will generally be weekly unless more frequent visits are required due to debris of sensor fouling. Using the collection system maps in association with GIS and supplemented by the City storm water rain gauges, a rainfall distribution analysis will be performed for each major storm event. For each metered sub -area, the volume of rainfall that fell over the surface will be determined using GIS spatial analysis and compared to the discrete wet weather infiltration/inflow. 1.6.5 Data Collection From Flow Meters Routine maintenance and service will be undertaken to confirm normal operation. Written logs of each site visit will be maintained and will be used to record date and time of visit, meter velocity and depth reading, corresponding independent velocity and depth reading, maintenance items such as battery voltage, etc. A tabular and graphical presentation of the final data will be prepared. Peak, minimum and average flow depths and rates will be generated to assist in data analysis and provided in hardcopy and electronic (MS Excel) formats. 1.6.6 Confirmation of Adequate Wet Weather Data The proposed flow monitoring will be undertaken to obtain adequate hydraulic information for dry (and wet) weather conditions. A review of the dry and wet weather data will establish the number of storm events recorded and a determination if adequate data exists or if the metering period needs to be extended. In general at least three (3) storm events, that cause a noticeable system response, will be necessary to evaluate wet weather flows. The wet weather flow data information will be used to establish rainfall derived infiltration/inflow (RDH). Both cumulative and discrete flows will be evaluated. Should rainfall not be adequate during the 60 day monitoring period then a determination will be made to either extend the now monitoring on a week by week basis or terminate the monitoring based on forecasts for the area. The City project manager and consultant will review the data collected, review the impact on the hydraulic model, review the National Weather Service long - range precipitation forecast and make a decision on whether to extend the monitoring period. The City project manager will have the final authorization to extend the flow monitoring or terminate the flow monitoring at the end of the 60 day milestone. 1.6.7 Flow Data Analysis PA will analyze the gathered data and develop tabular and graphical summaries. Comparisons with any previous historical flow meter data from previous I/I Analysis, Sewer System Evaluation Surveys will be summarized and evaluated. The impact of silt and debris will be evaluated. AMEND. NO.4 EXHIBIT W Page 6 of 15 Information obtained during the monitoring period will be used to determine the following for each meter site: 1. Dry weather average daily flow — A typical dry weather week will be established that is not impacted by rainfall. Velocity data will be compared to debris levels to analyze the scouring velocity necessary to prevent deposition in the lines. Discrete flows from each metered sub -basin will be calculated. 2. Dry weather peak flow — Peak flows during dry weather will be determined from the recorded meter site data. 3. Wet weather average daily flow — Wet weather flows for each rainfall event will be analyzed to determine the percentage of rainfall that enters the collections system (also known as the leakiness factor). By comparing the storm event flow with the dry weather flows will establish the Rainfall Derived Infiltration/Inflow (RDII). This value will vary for each storm duration and intensity. The discrete RDII for each sub -basin will be determined and will allow the ranking (prioritization) of each sub -basin by severity of RDII. 4. Wet weather peak flow — Peak flow rates during wet weather are critical to the capacity analysis. Peaking ratios (Peak flow rate to average dry weather flow) will be compared for dry and wet weather. 5. Peak inflow rates — Peak inflow rates are calculated by observing peak flow during a wet weather events. 6. Total I/I volume — The area under each storm event curve will be evaluated to establish the volume of rainfall induced infiltration/inflow. These values can then be normalized to establish the volume of RDII per inch of rainfall. Projections can then be made to accurately determine the impact of RDII during a normal year. During data analysis, the Manning and continuity equations may be plotted for flow. Under ideal free flow hydraulic conditions the two separate equations for flow should provide similar results. However, in a backwater or restrictive hydraulic situation, the Manning equation will over quantify flows and diverge from the continuity equation. Such an occurrence will indicate to the data analyst that a backwater condition was observed and a downstream restriction should be investigated. The project team will use sound engineering judgment and experience in adjusting raw depth and velocity data to account for debris levels. By obtaining accurate velocity and depth data, the engineer can further isolate hydraulic problems within the collection system. L 6.8 Ranking of Meter Sub - basins A major result of the city-wide flow monitoring program will be the priority ranking of sub - basins based on various factors such as RDII, SSOs, maintenance history, etc. This matrix ranking will be used in a multi-year program to find and fix system defects. Using the rainfall distribution analysis and recorded wet weather flow data, the gallons of rainfall dependent I/I (RDII), per inch of rainfall, per linear feet of service area pipeline (gal/in/1f) will be calculated. By performing this matrix analysis, each sub -basin is compared, assessed and ranked on an equal basis. Consultant will prepare a matrix for city review and approval. L 6.9 Preparation of SSES Phasing & Cost Estimates Based on the matrix ranking of sub - basins, a phased Sanitary Sewer Evaluation Survey (SSES) AMEND. NO.4 EXHIBIT "A" Page 7 of 15 program will be prepared along with estimated implementation cost estimates. 1.6.10 Review of 1/1 Study Report PA will prepare three (3) copies of the I/I Analysis Pre- Submittal Final Report which summarizes all findings, observed deficiencies, and recommendations with estimated costs. Review comments will be incorporated into the Final Report and five (5) copies submitted to the City. The final I/I Study Report will include the following: • Executive Summary • Dry Weather Flows • Wet Weather Flows • Rainfall Distribution Analysis • Distribution of RDII • Priority Ranking of Sub -basins • Discussion and estimated cost of a Permanent Flow Monitoring Network • Recommended testing and rehabilitation schedule and cost estimates • Appendix with flow and rainfall data • Electronic spreadsheets, photographs, maps and report on CD included with each report Deliverables: 1. Meter site locations. List of meter sites and location map(s) delineating the basin boundaries will be prepared by Pipeline Analysis 2. Completion of meter site location forms 3. Map showing proposed meter and rain gauge site locations 4. Velocity, depth, and flow data in tabular format 5. Site photographs and site installations sheets 6. Rainfall summary intensity and duration, rainfall volume, rainfall distribution using GIS 7. Matrix and final priority ranking of sub -basins 8. Three (3) copies of Pre -Final Report 9. Five (5) copies of Final Report CITY'S RESPONSIBILITIES CITY will provide ENGINEER at no cost: 1. Access to sites for placement of equipment and personnel. Assistance (if requested) for placement of rainfall gauges at secure locations such as fire stations, pump stations, etc. 2. Review and authorization to extend flow and rainfall monitoring beyond 60 days (if applicable) 3. Wastewater treatment plant flow records — average and peak wet weather 4. Meeting room for meetings 5. Provide Access 6. Arrange for access to, and make all provisions for, ENGINEER or ENGINEER'S Sub consultants to perform services under this AGREEMENT. AMEND. NO.4 EXHIBIT "A" Page 8 of 15 7. City Representative - CITY shall designate both a Wastewater Department and Engineering Department representative to act as a contact persons on behalf of the CITY. The ENGINEER'S services shall be performed in a timely manner consistent with sound professional practices. The ENGINEER will complete the work according to the following schedule: Z' Phase 1 - Broadway, Greenwood and Oso Service Areas 1 12 1 128 1 8 136 1 Combine Phase 1_& 2 Draft Reports into Final Cit-wide Report I The time limits set forth in the schedule shall include allowances for reasonable and expected review time by the CITY and approval by authorities having jurisdiction over the PROJECT, and shall not be allowed as cause for delay or adjustments to the schedule. Delays in the design critical path caused by review times by the CITY or a permitting agency exceeding those anticipated by the ENGINEER'S schedule are cause for adjustments in the schedule. Any adjustments made to the agreed upon schedule shall be made in writing and acceptable to both parties. The ENGINEER shall begin work within 10 days of receipt of the executed CONTRACT and written Notice to Proceed. A schedule of completed work, including a bar graph schedule showing the percentage complete of each of the items of the scope of work, will be submitted each month to the CITY. AMEND. NO. 4 EXHIBIT "A" Page 9 of 15 Attachment A Contract Amendment No. 4 Sanitary Sewer Overflow Initiative Plan Development and Capacity, Management, Operation & Maintenance Self-audit (Project No. El 0015) Amendment No. 4 City-Wide Sanitary Sewer Hydraulic Model Phase 2 Temporary Flow Monitoring Summary of Fees AMENDi NO. 4J EXHIBIT "A" Page 1 0 'f 15 age 10 of 15 Attachment A mnx��� Phase 2 - Allison, Laguna Madre and Whitecap Service Areas Task Description Quantity Unit Price Total 100 Re-mobilization L.S. L.S. $2,860.00 200 Temporary How Monitoring a. InstallationlCalibration - Flow Meters b. Flow Monitoring - 25 sites at 60 days=1 500 25 1500 $ 325.00 $ 88.00 $ 8,125.00 $ 132,000.00 300 400 c. Installatio n/Ca lib ration - Rain Gauges 12 $ 150.00 $ 1,800.00 d. Rain Monitoring -12 sites at6Odays=720 Aclmin,,Project W. Data Analysis 720 L.S. L.S. $ 18.00 L.S. L.S. $ 12,960.00 $2,690.00 $5,376,00 500 Final Report L.S. L.S. $13,44000 [Total Not to Exceed $179, Weisz AMEND. NO. 4 EXHIBIT "A!' Page 11 of 15 Attachment B Amendment No.4 Manhour and Fee Analysis Allison Service Area AMEND. NO.4 EXHIBIT "A" Page 12 of 15 a $$ f p N T MM M N M � IO p H O $ M $ Co J N tl A ^^ V 0 2 W N Q F ZO V W � Q 'A m ip W ,�W/ In = 8 ° 8 - R C Oa t� 5 g w O N ° N o F y =.ice WO O G1 W A O N N _ V O. q $ cc 6 Y M W C y Ol W f O Q O O p IL Q' o° 9 0Q t A O O ✓S� C> Q o r � O Qp W � � W i1 Z., Z C �E C O E p 9 Ts W d V g �j a V m µ M Za d L EE F C O .a 'ps G m QI z m Or C .Q m R a e " 8 U �= $ O 2 g _gd��!> N LL¢ s ar o -5 r o L f c tb iA b 3 faG. j� W IE pC U 6 W W •E U Y 2 IIS 3 us. Y W a m ' Y Vl r 3 Y Y a p Y jy ¢ U (/ YN� Q Y (/ Y� Q 4 Q AMEND. NO.4 EXHIBIT "A" Page 12 of 15 Attachment B Amendment No 4 manh0urand Fee Analysis Laguna Madre Service Area K AMEND. NO. 4 EXHIBIT Page 13 @ 15 aft aaa 2,asesaasas@Kaaeaas , sRa ■ saaaaa © k ! k 2 �■ © E7 � 2 ■■2� ' ,k aaa■se seas, asAsa asses Gaaa e § _ k � d § § ■! k �- I I I I I I \ o ®` ■ k § -A § ON �� ON o■ §! t q! © § © j 3 - �ag # K § a § � ■ � _ �,- ! ■a a12 ■■ a a ; a § J ■ k I! )2 F F | ■ ! � � ■z$f � ��•| ; � k � f= s -- } ■�] IRl�!! ! §2 ;,| �JE ■!� k} k ��!! §'!]!%!�/ , & �I�!|a . °� ■l�; 44 $� - © , ■!k .loo §� ;� ; :# , a 2■ . +� �k■ ■! ■�- `I2tA ®© J• ��_ &,. %!. ■■ ■§ ©° e�- - ' £ 2! 2!2 ®�$e!! ©� &�l�� /)l2��2�!$�..■� AMEND. NO. 4 EXHIBIT Page 13 @ 15 Attachment B Amendment No 4 Manhour and Fee Analysis Whitecap Service Area AMEND. NO. 4 EXHIBIT "N' Page «oe -2 • a 5 -2 - -- - - ■- -�; e § ka ■ �k B ; 2 a as § | §§ mmaeaee# ■ ■e #■ 8@ ■e ■ ■ ■ ■ ■S� e° ■Wisa ■2a @9299 ■92- 999asaea §a ■ gag e 22 § @ ■ ! _ 01 1 , R F � ■ � 0 2 - ! E§ � § § § ! # - ■ § 2 a °% A §.. � ' k§ 7 ■ » © &� ��k� , k BB uCc § 2 ■ ! ■ k a 0 )2 2' © §§ ■ s ■ ■ !) f ! k .. | � ;. a `• . � � �f \\ �■ 0: �■ �� s$a , ©e•�.�� a | �� ' -; _ E N�aG�l�Ik\f!�)� ! ■�� &■ a !a E ■. fL - I ■!!! ! - 5''! ■!! e£! £.� §�.�a��- !]9l�k)�l2kk��}ID.�� i1la�s�2| -� ■�& §� ; ; ;�., ■� „ ;_ §2� ;- ■ ■��- ;� § %�� - § §$ §§ AMEND. NO. 4 EXHIBIT "N' Page «oe Attachment C Contract Amendment No. 4 City -Wide Sanitary Sewer Hydraulic Model REVISED SCHEDULE: CONTRACT AMENDMENT NO. 4 Phase 1 - Broadway, Greenwood and Oso Service Areas Major Tasks Week No. Start Duration (Weeks) Week End ACTIVITY 1 1 31 32 Kick - Off Meeting / Workshop/Data Collection and Review 1.6 8 20 28 Wastewater Flow Monitori no 2 16 28 44 Model Development 3 28 64 1 92 Model Calibration 4 1 80 12 92 Ebsti System Analysis 5 80 12 92 Future S tem Analysis 6 80 12 92 Phase 1 Draft Report 7 4 28 32 Manhole Inspection 8 4 28 32 Topographic Suve 9 1 135 136 Model Purchasefrraining 10 1 135 136 Supplemental/Confingency 11 1 3 4 Traffic Control Plan 1 135 136 PHASE 1 COMPLETE Phase 2 - Allison. Laquna Madre and Whitecap Service Areas Major Tasks Week No. Start Duration (Weeks) Week End ACTIVITY 1 40 28 68 Kick- Off Meeting / Workshop/Data Collection and Review 1.6 60 56 116 Wastewater Flow Monitoring withExlended Meted n 2 64 36 100 Model Development 3 76 44 1 120 Model Calibration 4 1 88 36 124 E)dsbnq S Ystern Analysis 5 88 40 128 Future System Analysis 6 116 16 132 Phase 2 Draft Report 7 36 16 52 Manhole Inspection 8 48 20 68 Topographic Suve 9 1 135 136 IModel Purchasefrraininq 10 1 135 1 136 ISupplemental/Confingency 11 1 32 4 36 ITraffic Control Plan 1 135 136 PHASE 2 COMPLETE 12 1 128 8 1 136 lCombine Phase 1 & 2 Draft Reports into Final City-wide Re ort AMEND. NO.4 EXHIBIT "A" Page 15 of 15 _ m � v `O O r C N m 7 V O .� •' � C IL - C v O E > Q S W o O In +•' V 0 O 0 O M L ESN W �O O 0 O N V W 0 0 M N CL ° N N a > ° E O a � . V _ m � v `O O r C N m 7 V O .� •' � C IL - C v O E > Q S W o O In +•' V 0 O 0 O M L z W �O O 0 O N V W 0 0 M N O 6613 ° N aZZ ° ° ° d. z° W V O = J ° ° as ° o _ O O v z o O a O C) E cn M Q � v cu O L V) ul rOn Un O O C O U O O O r o O In 0 O 0 O 0 O M 0 0 N o 0 O 0 o 0 0 O 0 O o r r O O C7 o r r 0 M N ° ° ° ° ° ° ° ° i ° ° ° ° ° o o O N a o O O O C) to cn M o � 0 cu O (4 V) ul rOn Un O O IV- .E rn a Cq vi 6% o 64 U a U m a a 6R? bi °° (n 0000000 � ° O O d o O 6 9 rn Q N 6% O c ° o LO U o p O E O Un In c °� U 69 > cNa a o Qa�_ao(uo 69. 64 ° o o 00 0 o p p p °o U) °o Ul (a °o_ to to N � � H H f- r 6fi O O O O O O O t+ Q Q Q r` O ti f• O O in O an O N N m m m of N d' O) O O t` N N 0 r. CO F- F- I-- t- N t• W 40 4a ta T- to ° ° N O N 6a m m m IN N (ND ~ ~ ~ CNO 0~O r r r N 63 6}3 ffi 6% 0- O °° Q N° p p p N O N N 6°R O O r m r O r r r bs} 6F} 63 r N Eft 0 0 0 00 p cc o o° CO cc O ° ° �° d O °_ O ° O_ rNi 64 � � N 69, � � E . NO.4 IT "B" 1 of 1 N N U N N i N O U � N a V .V a cn M 0 cu O (4 a rOn U m O .E rn a O o U a U m a a o0 u) E . NO.4 IT "B" 1 of 1 N N U � M U) Vl LL O ca O U- U O (n a � � a d o c° rn Q N R� c '0 O U p O E O c °� U > > cNa a o Qa�_ao(uo w00< E . NO.4 IT "B" 1 of 1 k�i SUPPLIER NUMBER TO BE ASSIGNED BY-C1TY- PURCHASING DIVISION Ci of CITY OF CORPUS CHRISTI City of �; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Pipeline Analysis, LLC P. O. BOX: STREET ADDRESS: 1115 Main Street CITY: Garland, Texas ZIP: 75040 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association ® 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm' Name Job Title and City Department (if known) N.A. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the supject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed wasting filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James H. Forbes, Jr., P.E. Title: President (Type or Print) Signature of Certifying 1 Date: q Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. SC 0 o° 1 AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of April 9, 2013 ss Action Item for the City Council Meeting of April 23, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; (361) 826 -3464 Architectural Design Contract Tennis Center Repairs and Upgrades — HEB and Al Kruse Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis Center Repairs and Upgrades — HEB and Al Kruse, for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE- The purpose of this Agenda Item is to execute the Contract for Professional Services with CLK Architects & Associates, Inc. for Tennis Center Repairs and Upgrades — HEB and Al Kruse. BACKGROUND AND FINDINGS: Improvements to the HEB Tennis Center will include structural assessment of the stadium seating & structural assessment of the seating areas between courts 5 -8 & 9 -12. Post Tension Concrete Caps to courts 1, 2, 5, 6, 9, 10, 13, 14 & 15. Acrylic Surfacing / Resurfacing courts 3, 4, 7, 8, 11, & 12. After the structural assessment of the stadium is completed, a determination will be made as whether to repair the stadium or to build (2 to 3) new post tension courts where stadium court currently resides; design services will be provided for the repair of the stadium or for the new courts. No work will be done to courts 17, 18, 19, 20, 21, 22 & 23. Create new backboard practice area near stadium court. After structural assessment determined if new seating area needs to be provided, design and build as required by code. Renovate pro shop. Provide covered area by players' lounge. Provide new entry way with control to tennis center. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. At Al Kruse provide new acrylic surfacing to courts 1, 2, 3, 4, 8 & 10. Provide petromat overlay to courts 5, 6 & 7. Provide backboard practice area at basketball court. Provide new backboards to court no. 8. Repair entry ramps, sidewalks around pro shop to comply with accessibility standards. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. K: \ENGINEERING \LEGISTAR \APRIL 9 \TENNIS CENTER REPAIRS AND UPGRDES \AGENDA MEMO -TENNIS CENTER REPAIRS AND UPGRADES.DOCX CLK Associates, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY- The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CLK Architects & Associates, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $750,000.00 $2,250,000.00 $3,000,000.00 Encumbered /Expended Amount This item $204,700.00 $0.00 $204,700.00 Future Anticipated Expenditures This Project $545,300.00 $2,168,800.00 $2,714,100.00 BALANCE $0.00 $81,200.00 $81,200.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $204,700.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services CLK Architects & Associates, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \APRIL 9 \TENNIS CENTER REPAIRS AND UPGRDES \AGENDA MEMO -TENNIS CENTER REPAIRS AND UPGRADES.DOCX PROJECT BUDGET ESTIMATE HEB and Al Kruse Tennis Centers (Project No. E12118) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $3,000,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 2,180,000.00 Contingency ( 10%) ................................................................ ............................... 218,000.00 Design Fees: Architect (CLK Architects & Associates, Inc.. ) ........................ ............................... 204,700.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... 43,600.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 32,700.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 218,000.00 Finance............................................................................... ............................... $ 10,900.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 10,900.00 TOTAL................................................................................ ............................... $2,918,800.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $81,200.00 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and CLK Architects & Associates, Inc., a Texas corporation, 615 N. Upper Broadway, Suite 1250, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A /E), hereby agree as follows: 1. SCOPE OF PROJECT Project # E12118 — HEB and Al Kruse Tennis Centers Voters in Bond Issue 2012 approved $3,000,000 dollars for repairs, upgrades and improvements to the HEB and Al Kruse Tennis Center, which were both built in the 1960's. Improvements to the HEB Tennis Center will include structural assessment of the stadium seating & structural assessment of the seating areas between courts 5 -8 & 9 -12. Post Tension Concrete Caps to courts 1, 2, 5, 6, 9, 10, 13, 14 & 15. Acrylic Surfacing l Resurfacing courts 3, 4, 7, 8, 11, & 12. After structural assessment determine whether to build (2 to 3) new post tension courts where stadium court currently resides. No work will be done to courts 17, 18, 19, 20, 21, 22 & 23. Create new backboard practice area near stadium court. After structural assessment determined if new seating area needs to be provided, design and build as required by code. Renovate pro shop. Provide covered area by players' lounge. Provide new entry way with control to tennis center. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. At Al Kruse provide new acrylic surfacing to courts 1, 2, 3, 4, 8 & 10. Provide petromat overlay to courts 5, 6 & 7. Provide backboard practice area at basketball court. Provide new backboards to court no. 8. Repair entry ramps, sidewalks around pro shop to comply with accessibility standards. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. Contract for Engineering (AIE) Services Page 1 of 4 K%Engineoring DataExchanga %CIanss[LAParks1E12118 - Tennis Center Repairs and UpgradeslContract - CLK Architects%l CONTRACT PROFESSIONAL SERVICES - Tennis Center Repairs and Upgrades docx A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $204,700.00 (Two Hundred Four Thousand Seven Hundred Forty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Engineering (AfE) Services Page 2 of 4 K %Engineering DataExchangelCiarissaJ %Parks1E12118 - Tennis Center Repairs and UpgradestContract - CLKArchitectsll CONTRACT PROFESSIONAL SERVICES - Tennis Center Repairs and Upgrades docx 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager CLK Architects & Associates A. Javi&- u r a Date Vice President 615 N. Upper Broadway Suite 1250 (361) 884.3295 Office (361) 884.3298 Fax Contract for Engineering (A(E) Services Page 3 of 4 K1Enginearing DataExchangelC1srissaAParM %E12118 - Tennis Center Repairs and UpgradeslContract - CLK Architectslt CONTRACT PROFESSIONAL SERVICES - Tennis Center Rapairs and Upgrades do" 11299; � wpll,�l *1 xel r� Office • Management Date and Budget RWTW� (Proiect No. E121181 Encumbrance No. CONTRACT MANAGERS' Contract for Enginmrinq (Afl ServicGs Page 4 of 4 KAEftgineering DataExdiangel.ClarissaJ,ParksSE 12118 - Tonms Center Repass and Upg=ados',Convac, - CLK ArchtecWl CONTRACT PROFESSIONAL SERVICES - Tennis Center Repa,is and Upgta.f s dc�� EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Proposition 4 — Parks & Recreation Improvements Project # E12118 — HEB & Al Kruse Tennis Centers SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. D Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: Gu4lunropai Pro)ectsiC iy of Carpus Ctnsn1201310 - MEB AL Kruse Parkor Park%Wntten Fdest2 EXHEBIT A LARGE AE REV6ED Noo13 2012 EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 HEB M Kruse. doc 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section,geot echnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and VB& for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised November 13.2012 G Wunppal ProlectstCIty of Corpus Chnsh1201310. HEB AL Kruse_Parker_ParklWMten Fdes12 EXHIBIT A LARGE AE REVISED Novi 3 2012 - HEB AI Kruse we b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal -electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100°/x) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 G Wunbpai Propas+Cdy of Ccrpus Cnnsn1201310 - HEB AL Knse_Parker- P&*%%%Intten Fdes12 EXHIBIT A LARGE AE REV6ED Nw03 2012 - HEB Al Kruse aoc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 G Wuroopaf ProfeaslCGty of Corpus Cnns6t201310 - HEB AL Kruse- Parker- Park%VVntten FAesV EXHOT A LARGE AE REVISED Nov13 2012 • HEe Al Kruse WC B. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red- line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shallbe CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) G Wun*pal Propc1slCdy of Corpus Cnnsti1201310 - HEB AL Kruse_Parker Parklwntten PdesV EXHIBIT A LARGE AE REVSED Novi 3 202 EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 HEB Al Kruse COC k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project - specific permits 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to.the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' ❑ m,31 99Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate EXHIBIT "A" Page 6 of 9 Revised November 13,20`12 G Wurmpal Projects%Cny of Corpus CMsti%201310 • MEB_AL.Kniw_Parker_ParkW6htten Fdes12 EYHOT A LARGE AE REVSED Nw13 2012 - NEB Al Kruse occ parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. M) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 G Wun*pal Pro�ects%City o} Carpus ChnstiVO1310 - HEB_AL_Kruse_Parker_PanalWntten Flles%2 EXHIBIT A LARGE AE REVISED N003 2012 - HEB AI Kruse doc vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". SCHEDULE Date Activity March 26h,2013 NTP April 18", 2013 Draft ELR submittal May 2nd , 2013 City Review May 16`", 2013 Final ELR submittal June 20'h,2013 Desi n Submittal Jul 3'd , 2013 it Review !00 Au ust 15`" , 2013 0% Design Submittal August 29'h , 2013 City Review Sep 26"', 2013 100% Final Submittal Sep 291", 2013 Advertise for Bids Oct 10"', 2013 Pre -Bid Conference Oct 17'", 2013 Receive Bids Oct 31$', 2013 Contract Award Nov 2nd , 2013 Begin Construction May 3`d , 2013 Complete Construction G NAuniopal PropcWCdy of Corpus CMSh1201310 • HEB AL Kr so_Paftt ParklWntlen Fdes$2 EXHIBIT A LARGE AE REVISED Noa13 2012 EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 HEB Al Krute. doc III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.14 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $48,000.00 2. Design Phase $105,600.00 3. Bid Phase $9,600.00 4. Construction Administration Phase $28,800.00 Subtotal Basic Services Fees $192,000.00 Additional Services Fees (Allowance) 1. Permit Preparation (TDLR fees only) $700.00 2. ROW Acquisition Survey 3. Topographic Survey and Parcel Descriptions $5,400.00 4. Environmental Issues 5. Public Involvement 6. Subsurface Utility Investigation 7. Construction Observation Services To Be Determined 8. Start -up Services 9. Warranty Phase $6,600.00 Sub -Total Additional Services Fees Authorized $12,700.00 Total Authorized Fee $204,700.00 G Wuns apal ProtadsSCay of Corpus ChnsIQ01310 • HEB_AL Nnue_Parker ParMWntten Fdes12 EXHIBIT A LARGE AE REVISED Now13 2012 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 HE Al Kruse. daa EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Proposition 4 — Parks & Recreation Improvements Project # E12118 — HEB & All Kruse Tennis Centers Basic Services: 1) Project limits include Ayers Street to the East and Shelly Street to the west. The scope of the work is as follows: Improvements to the HEB Tennis Center will include • Structural assessment of the stadium seating after structural assessment determine whether to build (2 to 3) new post. tension courts where stadium court currently resides. • Structural assessment of the seating areas between courts 5 -8 & 9 -12. After structural assessment determined if new seating area needs to be provided, design and build as required by code • Post Tension Concrete Caps to courts 1, 2,. 5, 6, 9, 10, 13, 14 & 15. • Acrylic Surfacing / Resurfacing courts 3, 4, 7, 8, 11, & 12. • Create new backboard practice area near stadium court. • Renovate pro shop and Iockerroo m areas with new doors, flooring, paint, ceiling, Iights,HVAC & lockers. Address any accessibility issues. • Provide covered area by players' lounge. • Provide new entry way with control to tennis center. • Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. • No work will be done to courts 17, 18, 19, 20, 21, 22 & 23. Improvements to Al Kruse Tennis Center will include: • Provide new acrylic surfacing to courts 1, 2, 3, 4, 8 & 10. • Provide petromat overlay to courts 5, 6 & 7. • Provide backboard practice area at basketball court. • Provide new backboards to court no. 8. • Repair entry ramps, sidewalks around pro shop to comply with accessibility standards. • Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. • Renovate pro shop and locker room areas with new doors, flooring, paint, ceiling, lights, HVAC & lockers. Address any accessibility issues. EXHIBIT "A -1" Page 1 of 6 Revised April 2010 G.Wuniopat ProteaslCrty of Corpus Chnsti1201310 - HEB_AL_Kruse_Pamer_ParldWnnen Flles%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010 - HEBAI Kruse docx 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report (ELR) including all pertinent information as described in Exhibit "K. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final Engineering Letter Report (ELR), and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform the design of all improvements on the project, including the repairs to the existing trail, drainage and grading improvements, and other amenities such as shade structures, benches in compliance with Parks, Recreation and Open Space master plans as discussed with City Staff. 14) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Civil Grading Plan • Civil Utility Plan • Utility Details • Sanitary Sewer Plan • Sanitary Details EXHIBIT "A -1" Page 2 of 6 Revised April 2010 G hIuniopal ProfeaskClly of Carpus ChnsM01310- HEB_AL_Kruse_Pa*er_ParMWntten Frles43 EXHIBIT A -1 TASK LIST LARGE AE REVISED APnI 2010 -HEB AI Kruse doex • Planting Plans • Planting Details • Irrigation Plans • Irrigation Details • Architectural Site Plan • Architectural Floor Plans • Architectural Elevations • Architectural Sections • Architectural Details • Architectural Sections • Structural Notes • Structural Foundations • Structural Sections • Structural Details • MEP Site Plan • Electrical Plan • Electrical Details Electrical Schedules Plumbing Plan • Plumbing Details • Plumbing Schedules 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond EXHIBIT "A -1" Page 3 of 6 Revised A dl 2010 G.Wunlopal ProjeCIMClty of Corpus Chosb5201310. HEB AL Kruse Parker ParM'Atltten FllesQ EXHIBIT A -1 TASK LIST LARGE AE REVISEDAPM Kruse ooex 2010- HEB AI 13) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 14) Address comments received from the City for the pre -final submittal. 15) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5`h of each month. 21) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations as required. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT -OF -WAY ACQUISITION SURVEY 1) None anticipated TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. EXHIBIT "A -V Page 4 of 6 Revised A dl 2010 G %Mun opal ProJeas%Cdy of Corpus Cnnsu =310 • HEB AL Kruse Parker ParMWntten RIe0 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apat 2010• HEB Al Kruse docx 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Locate and tie -in known utilities and structures. 7) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) City to provide A/E team any and all assessment of the property if environmental issues have been identified. A/E has not included on their fee any phase I or II assessments for this site. CONSTRUCTION OBSERVATION SERVICES (as approved as additional services) 1 } Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, EXHIBIT "A -1" Page 5 of 6 Revised April 2010 G Wunlapal Proiecistcdy of Ccrpus Chnsb1201310 • HEB AL Kruse Parker PanAWnaen NeW EXHIBIT A•1 TASK LIST LARGE AE REVISED Apnl 2010- HEB AI Kruse docx patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS The following tasks are not included on our scope of work. A/E team will notify city if items are discovered during the preliminary phase that might need to be addressed. 1) Sanitary sewer design outside our scope of work area 2) Offsite storm water, wastewater and waterline improvements 3) Improvements to parking lots EXHIBIT "A -1" Page 6 of 6 Revised April 2010 G Wumopal ProjeaslCrly of Corpus Cnnso1P01310 - HEB AL Kruse Pancer Pan6Wntten Files%3 EXHIBIT A•1 TASK LIST LARGE AE REVISED Apol 2010 - HEB AI Kruse doex EXHIBIT "Bf1 MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K tEngineering DataExc^.ango%ClanssaJ%ParkstE 12116 -Tennis Center Repairs and Upgrados%Contract • CLK ArctsAetlsW EXHIBIT 8 INDEMNIFICATION - 0CT 2010 docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page K liEngineenng DataExchange %ClanssaJXParks1E12118 -Tennis Center Repairs and Upgrades%Contract • CLK Architects%4 EXHIBIT 6 INDEMNIFICATION -OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant'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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or In connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Pa e3of3 K %Engineering DataExchangelClar4ssaJVParks1E12t 18 -Tennis Center Repairs and UpgraoeslContract - CLK ArchdactsW EXHIBIT B INDEMNIFICATION -OCT 2010.docx a ` a 1 O �o ♦+ v CL m y m O �a� d 0 .. 0 F- o c � 4f O v � O C CL — W N ;; U azz0 W � � � 'O O E, a U z 'O V C O U Se I.R ve * \ Ive Se o N 0 0 0 0 0 N 0 0 0 0 0 0 0 o p p Cl 0 o a °o_ ° LO Co m LO � � 00 C%F t6 0 0 0 0 0 609 O O P Co m p h O O O Co o UA W) F- F- F- tO 1n NINC) � 44 64 69 64 0 69 Q 0 0 0 0 00 o O p p p 0 U0 00 0 � m 6� to N fA 0 0 0 W) 0 N N m 1� Q~1 O O t• go N O T- W m m (� N h 01 to 609 0 UU) O UU) 6% 0 N p p O N UU) N� N O N (D UD N CD Co Efi 61 to So 0 0 0 0 N 0000 N O N N 0 0 Fm- Fm- Fes- `- o T- .- e= e- Ir e- N 69 69 69 6A O O 0 Q p O O o O p On O O O O 0 0 0 1W o O m 0 O O O 669 N CV � � 669_ 6 N Co N U N Ml %j N U. N V td N N N L C 0 LL CO V m z a a�i cv a EL Ca CL N v m c c .o v) cco Q Z• f0 w C1 E a} a N y N C p 0 E U= 0 ly0 41 O '� O to Ca U E b 15 s O m a o Co U cn Q a 5 a 0 L7 Co m coo Q F- EXHIBIT "C" Pa e 1 of 1 O C W z 0 0 r r- 0 Se I.R ve * \ Ive Se o N 0 0 0 0 0 N 0 0 0 0 0 0 0 o p p Cl 0 o a °o_ ° LO Co m LO � � 00 C%F t6 0 0 0 0 0 609 O O P Co m p h O O O Co o UA W) F- F- F- tO 1n NINC) � 44 64 69 64 0 69 Q 0 0 0 0 00 o O p p p 0 U0 00 0 � m 6� to N fA 0 0 0 W) 0 N N m 1� Q~1 O O t• go N O T- W m m (� N h 01 to 609 0 UU) O UU) 6% 0 N p p O N UU) N� N O N (D UD N CD Co Efi 61 to So 0 0 0 0 N 0000 N O N N 0 0 Fm- Fm- Fes- `- o T- .- e= e- Ir e- N 69 69 69 6A O O 0 Q p O O o O p On O O O O 0 0 0 1W o O m 0 O O O 669 N CV � � 669_ 6 N Co N U N Ml %j N U. N V td N N N L C 0 LL CO V m z a a�i cv a EL Ca CL N v m c c .o v) cco Q Z• f0 w C1 E a} a N y N C p 0 E U= 0 ly0 41 O '� O to Ca U E b 15 s O m a o Co U cn Q a 5 a 0 L7 Co m coo Q F- EXHIBIT "C" Pa e 1 of 1 U. N V td N N N L C 0 LL CO V m z a a�i cv a EL Ca CL N v m c c .o v) cco Q Z• f0 w C1 E a} a N y N C p 0 E U= 0 ly0 41 O '� O to Ca U E b 15 s O m a o Co U cn Q a 5 a 0 L7 Co m coo Q F- EXHIBIT "C" Pa e 1 of 1 EXHIBIT "C" Pa e 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BYCtTY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekingg to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CLK Architects & Associates, Inc. P. O. BOX: STREET ADDRESS: 615 N. Upper Broadway, Ste 1250 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation L 2. Partnership 8 3. Sole Owner E] 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this age or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT «D» Page 1 of 2 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City, official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2 -349 (d)J CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur: Certifying Person: Atilano J. Huerta Title: Vice President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, ar committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "W Pa e2of2 \ Mproject\ councilexhibits \ exhE 1 2118dwg �b~ ti Shp J� I H 37 PROJECT SITE AL KRUSE I H 37 AGNES o MORGAN PROJECT SITE �- V) HEE <r O Oc�9ti d 9 � l9� W, POINT ^v O� oo� GOC�Iyq�P � 00 LOCATION MAP NOT TO SCALE PROJECT #E12118 CITY COUNCIL EXHIBIT Tennis Center Repairs CITY OF CORPUS CHRISTI, TEXAS ,I and Upgrades DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of April 9, 2013 ss Action Item for the City Council Meeting of April 23, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; (361) 826 -3464 Engineering Design Contract Community Park Development and Improvements Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $156,780.00, for Community Park Development and Improvements for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. for Community Park Development and Improvements. BACKGROUND AND FINDINGS: The scope of this project includes irrigation system infrastructure upgrade and extension at Bill Witt/Oso Creek Park. Additionally this project will include specialty use amenities, shade structures, landscaping, trails, parking improvements and other items designed for community parks in compliance with the Parks and Recreation Open Space Master Plan. Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements K: \ENGINEERING \LEGISTAR \APRIL 9 \COMMUNITY PARK DEVELOPMENT -BILL WITT PARK \AGENDA MEMO -COMMUNITY PARK DEVELOPMENT. DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Martinez, Guy & Maybik, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,250,000.00 $3,750,000.00 $5,000,000.00 Encumbered /Expended Amount This item $156,780.00 $156,780.00 Future Anticipated Expenditures This Project $1,093,220.00 $250,000.00 $1,343,220.00 BALANCE 0 $3,500,000.00 $3,500,000.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $156,780.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services Martinez, Guy & Maybik, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \APRIL 9 \COMMUNITY PARK DEVELOPMENT -BILL WITT PARK \AGENDA MEMO -COMMUNITY PARK DEVELOPMENT. DOCX PROJECT BUDGET ESTIMATE Community Park Development - Bill Witt Park (Project No. E12115) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 FUNDS REQUIRED: Construction (preliminary estimate for Bill Witt Park) .................... ............................... Contingency( 10%) ................................................................ ............................... Design Fees: Engineer (Martinez, Guy & Maybik, Inc. ) ................................. ............................... Geotechnical Study and Testing ( TBD) ...................................... ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ Finance............................................................................... ............................... $ $5,000,000.00 1,100,000.00 110,000.00 156,780.00 22,000.00 12,210.00 88,000.00 5,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 5,510.00 TOTAL (Bill Witt Park Project Budget) .................................... ............................... $1,500,000.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $3,500,000.00 : \councllexhlbltS \exht 1 Z 1 1 bb.dwq RIVER N'UECES BAJ q w z z Q q w � o Y Y � U q � � z o Q HWY 44 AGNES q C ° CCIR � o ° o BEAR PROJECT #E12115 �y 5� N CO2 -P`US 0-WS 1T B92-4 j F.M. 4 ___ ���7 / \ �r� Sq�W �SOWWY N�S FM 2444 PROJECT STE Bill Witt ParI LOCATION MAP NOT TO SCALE 'MAI)RE Community Park Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS and Improvements DEPARTMENT OF ENGINEERING SERVICES (Bill Witt Park) PAGE: 1 of 1 ? n� p' CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 10 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Martinez, —Guy & Maybik, Inc., a Texas corporation, 6000 S. Staples, Suite 207, Corpus Christi, Nueces County, Texas 78413, (ArchitectlEngineer – AIE), hereby agree as follows: 1. SCOPE OF PROJECT Community Park Develo mentand Improvements Project No. E12115 BOND ISSUE 2012 The scope of this project includes irrigation upgrades and extensions at Bill Witi/Oso Creek Park and will include specialty use amenities, shade structures, landscaping, trails, parking improvements and other items designed for community parks in compliance with the Parks and Recreation Open Space Master Plan. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers: For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering WE) Services Page 1 of 4 K:SENGINEERING DATAEXCHANGESCLARISSAJ4PARKS1E12135 - COMMUNITY PARK DEVELOPMENT &;MPROVEMENTSICONTRACT - MARTINEZ GUY MAYBIK 1 CONTRACT PROFESSIONAL SERVCCES.DOG The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase -in fee _is- required:- Services- or_ tasks - requiring -an- increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $156,780.00, (in numbers), One Hundred Fifty Six Thousand Seven Hundred Eighty Dollars and Zero Cents (in words). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the. AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the AIE fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (NE) Services Page 2 of 4 K:IENGINEERING DATAEXCHANGE ICLARISSAJLPARKS1E12115 -COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSICONTRACT - MARTINEZ GUY MAYBIM1 CONTRACT PROFESSIONAL SERVICES. DOC if 9. OWNERSHIP OF DOCUMENTS - All documents including contract- documents - (plans and- specificatto -ns)- record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific. to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Q- d_��� Z Daniel Biles, P. E., I Date Director of Engineering Services Mic ael Morris Date Director of Parks and Recreation APPROVED AS TO FORM Office of Management Date and Budget MARTINET, GUY & MAYBIK, INC �z I J� . � 71 icardo Martin z, P E. at Rresident 6'000 S. Stapi s ., Suite 207 Corpus Christi, X 78413 (361) 814 -3070 Office (800) 653 -5510 Fax Contract for Engineering (A/E) Services Page 3 of 4 K'IENGINEERING DATAEXCHANGE %CLARISSAJ%PARKS%E12115 - COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSICONTRACT - MARTINEZ GUY MAYBIK4i CONTRACT PROFESSIONAL SERVICES.DOC ATTEST Armando Chapa, City Secretary Community Park Development and Improvements Pro'ect No. E12111 Department Fund Source No. Amount 'arks and Recreation 550950 - 3293 - 00000- E12115 $156,780.01 Encumbrance No. ENTERED MAR 2 5 2013 CONTRACT MANAGER$;, -„ v) Contract for Engineering (A/E) Services Page 4 of 4 K- (ENGINEERING DATAEXCNANGEICLARISSAJIPARKS 1El2115 -COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSCONTRACT- MARTINEZ GUYMAYBIKII CONTRACT PROFESSIONAL SERViCES.DOC EXHIBIT "At' CITY OF CORPUS CHRISTI, TEXAS -- - Community- Park- Development and- Improvements -for Bill Witt Park - .---_._. - (Project No. E12115) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. Preliminary Phase. The Arch itect /Engineer -AIE (also referred to as Consultant) will- a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting, c) Provide scope of geotechnical testing requirements to the City's Geotechnicai Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or Upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- EXHIBIT "A" Rage 1 of 10 Revised November 13, 2012 K4Engineering DalaExchangelClarissaJ %Parks4E12l l5 - Community Park Development & ImpmvemenlslContracl - Martinez Guy Maybik12 EXHIBIT A LARGE AE.doex level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1 _ _ Provide a_ concise_ presentation _of_ pertinent - -factors, sketches, designs, ----cross-sections, and parameters which -will or -may impact the design, including engineering design, basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing. report, right -of -way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, .which this project will affect. 6. Provide anticipated index of drawings and specifications. p) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (AIE to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. EXHIBIT "A" Page 2 of 10 Revised November 13, 2012 K NEngineerPng Da laExchangelCfarissaJ4Perks5E12115 - Community Park Development & ImprovemenlslConlracl -Martinez Guy Maybi%12 EXHIBIT A LARGE AE.doox 2, Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and -- private pipeline companies that - may -have existing - facilities- and Must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. . d) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities, 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus_ Christi and the Consultant The City agrees that any modifications of the submitted final plans (for other uses by EXHIBIT "A" Page 3 of 10 Revised November 13, 2012 KAEngineering DateExchangelClarissaJ %Parks5E12115 - Community Park Develapment & lmprovemenlslConlracl -Martinez Guy MaybikQ EXHIBIT A LARGE AE.docx the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that - -- - submittal - -of- the- interim, pre- final -(if- required), - -and- final - complete plans and complete bid documents with- - specifications accurately -_ reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if- in the opinion of the City Engineer or designee, Consultant has not adequately addressed C;+.,_ provided review comments or provided submittals in accordance with Cit standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions, concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. EXHIBIT "A" 'Page 4 of 14 Revised November 13, 2012 KAEngineering Data €xchanpokClarisseJlParksYE12115 -Community Park Development & ImprovementslContract -Martinez Guy Maybik52 EXHIBIT A LARGE AE.doex b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. - - - c) - Receive the— Engineer's— recommendation concerning -bid - evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AIE will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applicationslestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided EXHI BIT "All Page 5 of 10 Revised November 13, 2012 KAEngineering DateExchange %CtarissaJYParks1E12115 - Community Park Development & ImprovementsSContract - Martinez Guy MaybikU EXHIBIT A LARGE AE.docx and will be negotiated by the Director of Engineering Services as required. The.A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. - Permit P-reparation_— f=urnish the —City all—engineering--data --and-- documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable . to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit /Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. 'U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project - specific permits 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW; which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyor' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. E BIT "A" e 6 of 10 vember 13, 2012 K:SEngineering DalaExchangeSClarissaJ %ParksVE12115 -Community Park Development & Improvemenls\Conlract - Marlinez Guy Maybik52 EXHIBIT A LARGE AE -decx d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied -- i.e. — the coordinate data will remain in grid. -_ e)- Vertical- control- will -be- based -on NAVD -88 -- - - - - -- - - f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third- parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to . subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1} Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m} Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -1, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation - The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the EXHIBIT "A" Page 7 of 10 Revised November 13, 2012 KAEnginearing DataExchaagelClarissaJlParks1E12115 - Community Park Development & ImprovemontsXContract - Martinez Guy MaybikV EXHIBIT A LARGE AE.decx horizontal and vertical position of underground utilities, as well as the type, size, condition-, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic - - - - - - survey- control.- The- - utility - will- be- identifiedandan elevation will be obtained to the top of the utility. ii) Utility Location - The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water - Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater - Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water - Water facilities within the project limits will be located to Quality Level C. vi) Gas - Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The AIE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -v Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -V Task List does not supersede Exhibit "A ". EAIBIT "A" Page 8 of 10 Revised November 13, 2012 KAEngineering OalaExchangaSClarissaJSParksIE12115 - Community Park DeveTopmenl & ImprovementMConlracl - Marlinaz Guy Maybik12 EXHIBIT A LARGE AE.docx II. SCHEDULE . Date Activity March 26, 2013- - -NTP - July 23, 2013 Draft ELR submittal August 6, 2013 City Review - August 27,2013 Final ELR submittal November 26, 2013 60% Design Submittal December 10, 2013 City Review February 11, 2014 100% Final Submittal March 10, 2014 Advertise for Bids March 21, 2014 Pre -Bid Conference March 26, 2014 Receive Bids April 22, 2014 Contract Award August 4, 2014 Begin Construction August 3, 2015 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXIi1BIT "A„ Page 9 of 10 Revised November 13, 2012 KAEngineering DataExchangeSClarissaJ %Parks1E12115 -Community Park Development & ImprovementslContract -Martinez Guy Maybik%2 EXHIBIT A LARGE AE.doex Summary of Fees Basic Services Fees 1. Preliminary Phase $22,840.00 2. Design Phase $69,800.00 3. Bid Phase $6,620.00 4. Construction Administration Phase $15,680.00 Subtotal Basic Services Fees $114,940.00 Additional Services Fees (Allowance) 1. Permit Preparation To Be Determined 2. ROW Acquisition Survey None Anticipated 3. Topographic Survey $27,680.00 4. Environmental Issues $1,920,00 5. Public Involvement $4,600.00 6. Subsurface Utility Investigation $5,240.00 7. Construction Observation Services To Be Determined 8. Start -up Services Not Applicable 9. Warranty Phase $2,400.00 Sub -Total Additional Services Fees Authorized $41,840.00 Total Authorized Fee $156,780.00 EXHIBIT "A" Page 10 of 10 Revised November 13, 2012 K.1Engineenng DataExchangelClarissaJ %Parks1E12115 - Community Park Development & ImprovementslContracl - Martinez Guy Maybikl2 EXHIRIT A LARGE AE,doex EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Community Park Development and Improvements for Bill Witt Park (Project No. E12115) The scope and fee presented herein, and on Exhibit "A" are based on the following: Project Budget: $1,500,000.00 Estimated Construction Budget: $1,200,000 Basic Services: 1) Project limits include Bill Witt City Park located on the southside of Yorktown Boulevard, east of Cimarron Boulevard and west of Logan Road. 2) Contact Texas Excavation Safety System, Inc. (Texas811) to locate existing private and/or City utilities in the field, and coordinate with appropriate City operating department. 3) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of new work along with the applicable parameters required to complete the Engineering Letter Report and Construction Drawings. It is anticipated that approximately 76 acres of the total. 136 acres of Bill //Mitt City Park will require a full topographic survey for design purposes (for use in irrigation, dog park, drainage /grading, parking lot, and landscaping design, and for locating and addressing any existing drainage issues that would be exacerbated once the new irrigation system improvements are installed). Strategic spot elevations will be surveyed on the remaining 60 acres, as necessary. a) Dog Park Area- full topographic survey (approximately 8 acres) b) Soccer Fields- full topographic survey (approximately 32 acres) c) Football Fields- full topographic survey (approximately 9 acres) d) Baseball Fields- full topographic survey (approximately 10 acres) e) Kickball Fields- full topographic survey (approximately 3 acres) f) Undeveloped Areas- full topographic survey (approximately 14 acres) g) Other Areas- spot elevations as needed (approximately 60 acres) 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. EXHIBIT "A -1" Page 1 of 6 Revised A ril 2010 KAEngineering Data ExchangeSClarissaJ%Parks1Et2115 -Community Park Development R ImprovementskGontract -Martinez Guy Maybikl3 EXHIBIT A -1 TASK LIST LARGE AE- E12115 -docx 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report including all pertinent information as described in Exhibit "A ". Included in the ELR will be a discussion on how the proposed - -- - — 1rrrgat ovements will affect drainage (specifically existing lovv spot j; -- along with a plan for addressing any issues, as necessary. 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform a Drainage Study to determine existing drainage characteristics within the project limits, and develop a plan to address non- draining areas along with any capacity deficiencies that currently exist within the drainage system of swales, ditches, culverts, and underground storm lines, per the City of Corpus Christi Storm Water Master Plan. 10) Perform the engineering design of all improvements on the project, including a looped water system, a comprehensive irrigation system, a dog park, drainage and grading improvements, and shade structures, landscaping, trails, parking improvements and other items designated for community parks in compliance with the Parks, Recreation and Open Space Master Plan, as determined to be part of the project per the planning meetings with City Staff. 11) Develop construction drawings in. English units in 22" x 34" sheets, including but not limited to, the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Topographic Survey Sheet(s) • Drainage Area Map • Hydraulic and Hydrology Sheet(s) • General Grading Plan • Dog Park Site Plan and Grading • Fencing Plan and Details • Parking Lot Site Plan and Grading • Storm Water Plan & Profile (as needed) • Storm Water Outfall Improvements (as needed) EXHIBIT `rA -1 r' Page.2 of 6 Revised 00120101 o K:1Enginearing DataExchangelClarissaJ %Parks1E12115 -Community Park Development & ImprovemenlsSGontracl - Martinez Guy Maybik%3 EXHIBIT A -1 TASK LIST LARGE AE- E 12115.doex Storm Water Details Sidewalk Details • Curb Ramp Details Pavement-Markin g - and i n - an -- -- zJ age - Pavement Marking Details Waterline Plan & Profile • Waterline Adjustments Waterline Tie -in Sections • Waterline Details Landscaping Plan • Landscaping Details • Irrigation Plan • lrrigation Details - Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing Traffic Control Plan • Traffic Control Sections Traffic Control Miscellaneous Details • Barricade and Construction Standards • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan Storm Water Pollution Prevention Details Storm Water Quality Management Plan • Miscellaneous Details • City of Corpus Christi ADA Standards 12) Prepare opinion of probable construction costs including contingency amounts. 13) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors --B • Part A— Special Provisions • Part B General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice m KAEngineering DalaExchange \ClarissaJlParks1E12115 - Community Park Development & lmprovemen[MConlracl - Martinez Guy MaybiLARGE AE- E12115.docx • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 14) Provide Quality Control /Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 15) Address comments received from the City for the pre -final submittal. 16) Provide Quality Control/Quality Assurance (QCIQA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 17) Update the opinion of probable construction costs. 18) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 19) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5t" of each month. 22) AIE will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City'to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated EXHIBIL&6 Page Revised 10 UEngir Bering DalsExchange %ClarissaJxParks4E12115 - Community Park Development & Improvemenls4Contracl - Martinez Guy Maybik%3 EXHIBIT A -1 TAEKLIST LARGE AE- El2115.docx TOPOGRAPHIC SURVEY 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by traverse. 6) Perform topographic survey within project limits to be improved, estimated at 76 acres. Survey will include all topographic features within the survey limits with a 100' x 100' grid for ground elevations. 7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. 9) Locate and tie -in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. 11) Prepare AutoCAD drawing of topographic survey. ENVIRONMENTAL ISSUES 1) Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION EXHIBIT Page 5 of 6 Revised Aril 2010 KSEngineering DataExchange4ClarissaJ lParks5E12115 -Community Park Development & ImprovementslCantract - Martinez Guy Mayb'W3 EXHIBIT A -1 TASK LIST LARGE AE- E12115.doox - Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) at sufficient locations to identify underground utilities. It is anticipated that up to 4 bore holes will be required to identify the underground utilities associated with this project. Subsurface Utility Engineering (S.U.E.) will be in accordance with "ASCE Standard C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ", and shall be in accordance with Section 8 under Additional Services in Exhibit "A ". CONSTRUCTION OBSERVATION SERVICES Scope and fee to be determined START -UP SERVICES Not applicable WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS Specifically Excluded from Scope and Budget (to be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: 1) Sanitary sewer design. 2) Building design (restrooms). 3) Illumination design. 4) Offsite storm water, wastewater, and waterline improvements. EXHIBIT "A-1" Page 6 of 6 Revised A ril 2010 K AEngineering DateExchangelClarissaJlParks1E12115 -Community Park Development & ImprovementSkUntract -Martinez Guy Mayb!W EXHIBIT A -1 TASK LIST LARGE AE- E12115.docx EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to. the City's Risk Manager, The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non- renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 =EXHIBIT KAEngineering DaleExchanga4ClarissoJLParks5E12115 - Community Park Development & Improvemenls4Conlracl - Martinez Guy MaybM4 MOT B INDEMNIFICATION OCT 2010 docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should- there -be -a- lapse -in- coverage -at- any - time- daring- this - contract. Failure- to- prode and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or, property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant'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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence -of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. - ExHIBIT "B" Pa e 3 of 3 KAEngineering DaleExchaage \ClarissaJLParks%E12115 -Community Park Covetopmenl & ImprovemenlsAConlracl • Martinez Guy MaybM4 EXHIBIT B INDEMNIFICATION - OCT 201 D.docx F 1. W Z V LLI H.- to OOCG azZ u LLI 0 teIL"' IL O v O � 09 � y a- 0 0 [7" d C � O C) N O Z .O V- O Z V r7 G A -O- o -Lo- M u? N O O G q C O r r O O M- O r t+7 r -N- - N o V N O O t7 Q C C1 Q Q p ©❑ a o O o tt u � m N F- Cl Lo 0 e- 9 63 � 0000000 ¢o o as �aov nm¢� H H to v w I r r 61). T- 60* T- 61% 00000 o O Q p p p a H M H $ .008 64), .- 61)� °ra. 0 °aeNg Cm g O 0 uoioi°n ti MI) N O ti (4 elf WP � r� r � l 64 G O ° N © ©❑ N N N 00 t0P? bd4 N Ca N co m m N tD oe �NQ ❑ ❑ ❑N ©N N C) Q Q 6% e e-^ O rw r" 6R N3 64 CMj b4 g 0 17 0 d Q Q ❑❑ p 0 d O d qOq O. �7 LO .¢ O O F O 00 O N N N � � 6NR � i Y' �1 ol EXHIBIT "C" Pane 1of1 d a. v N it ?-, d 0 m �!} .9 r= rna N o V N ol EXHIBIT "C" Pane 1of1 N V N co as �aov nm¢� w ol EXHIBIT "C" Pane 1of1 SUPPLIER NUMBER TO BE ASSIGNED I3Y� PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Carpus �ISCLOSU OF INTEREST ST -- - - h�i�isti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to dQ business with the City to provide the following information. Every uestion must be answered. If the question is not applicable, answer with "NA ". See reverse side for Piling Requirements, Certifications and definitions. COWANY NAME: Martinez, Guy & Maybik, Inc. P. O. BOX: STREET ADDRESS: 6000 S. Staples St. Suite 207 CITY: FIRM IS: 1. Corporation 2. Partnership B 4. Association 5. Other Corpus Christi ZIP. 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N me Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." - Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Namg Consultant EXHIBIT "D" Page I of 2 78413 S 4� FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect,that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the - matter, - unless- the interest -of -the Cityoff�al or employee in the matter sc is apparent. he a osure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ricardo Martinez, P. E. Signature of Person: DEFINITIONS President Date: s� a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic. benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non.- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of 4/9/13 1852 Action Item for the City Council Meeting of 4/23/13 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent PeterD @cctexas.com 826 -3980 Interlocal Agreement with TAMU -CC National Spill Control School and City of Corpus Christi Marina - Oil Spill Training and Equipment Storage CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Corpus Christi regarding operations in Corpus Christi marina. PURPOSE: The purpose of this agreement is to establish a framework for collaboration between the National Spill Control School and the Corpus Christi Marina which assures mutually beneficial conditions but involves no exchange of funds between the two organizations. The National Spill Control School will provide equipment and training. The Corpus Christi Marina will provide storage space and access to utilities (fresh water rinse). BACKGROUND AND FINDINGS: The Corpus Christi Marina staff requires emergency Oil Spill response training to hazardous oil spills occurring within the marine confines from water borne vessels including land based sources. TAMU -CC, National Spill Control School is able to provide this training in exchange for a storage location for their equipment such as oil booms, absorbent spill pads and skimmers. This equipment would be utilized as a first response in an emergency situation. ALTERNATIVES: "Not applicable" OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON - EMERGENCY: Non emergency DEPARTMENTAL CLEARANCES: "Not applicable" FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable There will be no financial impact. The purpose of this agreement is to establish a framework between the National Spill Control School and the Corpus Christi Marina which assures mutually beneficial conditions but involves no exchange of funds between the two organizations. Comments: None RECOMMENDATION: City staff approve of this mutually beneficial exchange and cooperation between the National Spill Control School and the Corpus Christi Marina Department. LIST OF SUPPORTING DOCUMENTS: 1. Resolution. 2. Interlocal agreement. Page 1 of 1 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University — Corpus Christi regarding Corpus Christi Marina operations Be it resolved by the City Council of Corpus Christi, Texas; SECTION 1. That the City Manager or is authorized to execute an Interlocal Agreement with Texas A &M University — Corpus Christi regarding operations in Corpus Christi Marina. A copy of the Interlocal Agreement is on file in the office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott il STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF NUECES § This Interlocal Agreement made and entered into this day of 1 2013, • and between Texas A&M University-Corpus Christi acting through its National Spill Control School, and the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter •' Government Code. WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the Texas A&M University - Corpus Christi ("TAMU-CC") and the City are local governments as defined in Texas Government Code, Section 791-003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law: and WHEREAS, both the City and TAITITI-CC represent to one another that each respective party has the authority to enter into this agreement and perform the *bligations and duties stated herein; and WHEREAS, the National Spill Control School at TAMU-CC and the City oll Corpus Christi Marina envision an era of expanded cooperation building upon the many years of successful collaboration already appreciated by both organizations; and WHEREAS, the ® Spill Control School at Texas A pus Christi TAMU-CC has been using the City of Corpus Christi Marina boat ramps, a small area • L-Head space adjacent to the boat ramps, storage spaces, and waters inside the protective bulkhead to conduct periodic spill response training exercises for over 10 years; and WHEREAS, these facilities have been used only during the National Spill C • n t r o I S c h o • I course exercises; and WHEREAS, prior the 9/11 events in 2001, since its inception in 1977, the National Spill Control School had conducted some spill response exercises inside the harbor of the Port of Corpus Christi and the shift • location to the Corpus Christi Marina was in the interest • homeland security; and N MMMM WHEREAS, the TAMU-CC and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by TAMU-CC and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("The Agreement")- I 2) Sufficient anchor systems with anchors, chain, rope, and floats to support the deployment of the stored boom, 3) One or more oil spill skimmers and associated motors and oses, A) At least one gasoline or diesel or hydraulically powered pump. 11 1145TI1011MOHIMUMMEM, — E,11MMEMS0,11 TjjWAVF #JUNS-1 JTJUUA VMLI ■ annncrolyw Official notice shall be ,<»« ®» notice and dx » ®< to «l/ 2® parties to this Agreement. Delivery shall be by deposit in the United States Postal Service, first class, return receipt requested to: TO TAMU-CC Texas A&M University-Corpus Christi Attn: D|mGor of i Natonal Spill Control School 6300 Ocean Drive Corpus Christi, Texas 78412 TO THE CITY: City of Corpus Christi Attn: Marina Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 IE M IN WITNESS WHEREOF this Agreement has been exeOpted on behalf of tht City of Corus Christi and Texas A&M University —?£t» Christi In © -«z« © r provided by law. ATTEST: By: Armando Chapa City Secretary By: Bruce A. Payne Director, Contracts & Property U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 9, 2013 2852 Second Reading for the City Council Meeting of April 23, 2013 DATE: March 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING HEB Grocery Company, LP (Case No. 0313 -02) Change from "RS -6" Single - Family 6 District to "CG -2" General Commercial District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2) Property Address: 6810 South Staples Street (FM 2444) CAPTION: Case No. 0313 -02 HEB Grocery Company, LP: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District (Tract 1) and the "CN -1" Neighborhood Commercial District (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. The property is described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property to allow commercial and multifamily development. RECOMMENDATION: Planning Commission and Staff Recommendation (March 13, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning that would allow commercial and multifamily uses. The majority of the subject property (Tract 1) would be zoned "CG -2" General Commercial District. A commercial use on the subject property would not have a negative impact on the surrounding properties. The 300 -foot wide portion on the south end would be zoned "CN -1" Neighborhood Commercial District (Tract 2) to help protect future single - family uses located south of the subject property from more intense uses allowed in the "CG -2" District, such as mini - storage, vehicle sales and service, and bars. The Neighborhood Commercial District allows commercial services that primarily benefit surrounding residential areas and provides more protection to surrounding residential areas by prohibiting higher intensity commercial uses and imposing a height restriction of 35 feet. The requested zoning district is consistent with current development trends and existing zoning patterns along South Staples Street (FM 2444). This location will have direct access to South Staples Street (FM 2444), a Primary Arterial Divided Street. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential and low density residential uses. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map, Zoning Report with Attachments, Ordinance with Exhibits ZONING REPORT Case No.: 0313 -02 HTE No. 12- 10000040 Planning Commission Hearing Date: March 13, 2013 Representative: Urban Engineering o Applicant /Owner: HEB Grocery Company, LP an a Legal Description /Location: Being a 21.21 -acre tract of land out of •Q _ •0 Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden c otf o Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). From: "RS -6" Single - Family 6 District a� n To: "CG -2" General Commercial District (Tract 1) and •� Q "CN -1" Neighborhood Commercial District (Tract 2) 0 Q Area: 21.21 acres Purpose of Request: To allow commercial development. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low & Medium Density Residential c "RM -1" Multifamily 1 Vacant & Commercial & North & "CG -2" General Commercial Medium Density Commercial Residential N South "RS -6" Single - Family 6 Vacant Low &Medium Density Residential CD c M East "RM -1" Multifamily 1 Vacant Medium Densit y y Residential w "RS -6" Single - Family 6 & Public Semi - public, Public Semi - public, West "CN -1" Neighborhood Low Density Low Density Commercial Residential & Residential & Commercial Commercial Area Development Plan: The subject property is located in the Southside aArea Development Plan (ADP) and is planned for low density residential and c� 0 medium density residential uses. The proposed change of zoning to the "CG -2" General Commercial District and the "CN -1" Neighborhood a o Commercial District is not consistent with the adopted Future Land Use Plan. Q Map No.: 044032 & 044033 Zoning Violations: None Transportation and Circulation: The subject property has approximately 0 1,145 feet of frontage along South Staples Street (FM 2444), which is an "A3" Major Arterial Divided street. The property also has approximately 770 feet of 0 frontage along Timbergate Drive, which is a "C3" Primary Collector street. The CL applicant submitted a traffic generation comparison plan showing that the peak hour weekday trips would increase by 488 trips per day. The applicant c� was not required to submit a Traffic Impact Analysis because the increase in number of peak hour weekday trips did not exceed 500. Zoning Report Case # 0313 -02 HEB Grocery Company, LP Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on the northern 15.73 acres at the corner of South Staples Street (FM 2444) and Timbergate Drive (Tract 1) and the "CN -1" Neighborhood Commercial District on the 5.48 acres abutting the single - family district to the south (Tract 2) in order to allow future multifamily and commercial uses. Development Plan: The owner plans to rezone the property to allow commercial uses and a multifamily development on the property. The western portion of the property along South Staples Street (FM 2444) will be used for commercial purposes and the eastern portion may be developed with an apartment complex. The property has deed restrictions limiting the type of commercial activity that can occur. Tract 2 is proposed for a less intense commercial district in order to protect future single - family uses south of the property from the incompatible commercial uses allowed in the "CG -2" General Commercial District, such as mini - storage, vehicle sales and service, and bars. The "CN -1" District also limits the height of commercial structures to 35 feet to make them more compatible with single - family structures. A portion of the property is planned for an apartment complex, the majority of which would be constructed within the 15 acres of "RM -1" Multifamily 1 District east of the subject property. Existing Land Uses & Zoning: North of the subject property is a shopping center zoned "CG -2" General Commercial District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is 15 acres of vacant land zoned "RM -1" Multifamily 1 District. West of the subject property across South Staples Street is a single - family subdivision and a church zoned "RS -6" Single - Family 6 District. There is also a self - service storage facility zoned "CN -1 /SP" Neighborhood Commercial with a Special Permit. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use and a low density residential use. However, the proposed rezoning is Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume D S. Staples St. ,A3" Primary Arterial 130' ROW 104' ROW 17,220 (FM 2444) Divided 79' paved 66' paved (2010) L Cn Timbergate "C3" Primary 75' ROW 84' ROW Not Dr. Collector 50' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on the northern 15.73 acres at the corner of South Staples Street (FM 2444) and Timbergate Drive (Tract 1) and the "CN -1" Neighborhood Commercial District on the 5.48 acres abutting the single - family district to the south (Tract 2) in order to allow future multifamily and commercial uses. Development Plan: The owner plans to rezone the property to allow commercial uses and a multifamily development on the property. The western portion of the property along South Staples Street (FM 2444) will be used for commercial purposes and the eastern portion may be developed with an apartment complex. The property has deed restrictions limiting the type of commercial activity that can occur. Tract 2 is proposed for a less intense commercial district in order to protect future single - family uses south of the property from the incompatible commercial uses allowed in the "CG -2" General Commercial District, such as mini - storage, vehicle sales and service, and bars. The "CN -1" District also limits the height of commercial structures to 35 feet to make them more compatible with single - family structures. A portion of the property is planned for an apartment complex, the majority of which would be constructed within the 15 acres of "RM -1" Multifamily 1 District east of the subject property. Existing Land Uses & Zoning: North of the subject property is a shopping center zoned "CG -2" General Commercial District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is 15 acres of vacant land zoned "RM -1" Multifamily 1 District. West of the subject property across South Staples Street is a single - family subdivision and a church zoned "RS -6" Single - Family 6 District. There is also a self - service storage facility zoned "CN -1 /SP" Neighborhood Commercial with a Special Permit. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use and a low density residential use. However, the proposed rezoning is Zoning Report Case # 0313 -02 HEB Grocery Company, LP Page 3 appropriate at this location due to its access to an arterial -type roadway and due to previous changes in the Future Land Use Map. Department Comments: • Although inconsistent with the Future Land Use Plan, a commercial use is suitable for this location along South Staples Street. The Future Land Use Plan is outdated and inconsistent with the recent development and rezonings in this area. • Medium density residential development should be located in areas with convenient access to arterial -type streets. The proposed apartment complex will have convenient access to South Staples Street, an arterial roadway, via Timbergate Drive. • Commercial developments that generate large volumes of traffic should have direct access to arterial -type streets without having to traverse low density residential areas. The proposed commercial development will have direct access to South Staples Street, which is a Primary Arterial Divided street. • The 300 -foot wide "CN -1" District on Tract 2 will help protect future single - family uses located south of the subject property from more intense uses allowed in the "CG -2" District. The Neighborhood Commercial District allows commercial services that primarily benefit surrounding residential areas and provides more protection to surrounding residential areas by prohibiting higher intensity commercial uses and imposing a height restriction of 35 feet. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and would not have a negative impact upon the surrounding neighborhoods. Planning Commission and Staff Recommendation (March 13, 20131 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. Number of Notices Mailed — 19 within 200' notification area; 8 outside notification area 0 As of March 14, 2013: In Favor — 1 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES\2013 \0313 -02 HEB Grocery Company, LP \0313 -02 Report for CC, HEB Grocery Company, LP.docx MEND LESK/' ESTATES ,P, 6 �105" 1 CRQSSGA,TE ANNEX 131 1032'x` M M M b M M,1_6 c"�-s " b N h ry 2a M X33 a pp 1V"V M " " M " M 1 M_ ARCLAY "GROVE I M A F R A C T ^40 800 Fee RAF CASE: 0313 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIF RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS -4.5 Single - Family 4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition �± SIXTY SIX . UNDRED S S If - 2 ZTA-_ES P "kA ,ZA U'NIT 4' b N 9 15 19 O /RM -1 1SUBJECT /PROPERTY M -1 R'M- 1 -1 Date Created: 2/27 /2013 I Prepared By: jeremym f Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of HEB Grocery Company, LP ( "Owner") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2013, during a meeting of the Planning Commission, and on Tuesday, April 9, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by HEB Grocery Company, LP ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444), from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 (northern 15.73 acres) and the "CN -1" Neighborhood Commercial District on Tract 2 (southern 5.48 acres) (Zoning Map Nos. 044032 & 044033), as shown in Exhibits "A," "B," and "C." Exhibit 'A" which is a metes and bounds description of Tract 1, Exhibit "B," which is a metes and bounds description of Tract 2, and Exhibit "C," which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are expressly repealed. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 URBAN ENGINEERING February 13, 2013 Job No. 37698.82.00 State of Texas County of Nueces Fieldnotes for a 15.73 acre tract of land (not based on an on -the- ground survey) out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4I -43, Map Records of Nueces County, Texas; said 15.73 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the southwest boundary of Timbergate Drive, a public roadway, for the east corner of this tract, from which the north corner of Lot 1, Block 1, The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas, bears South 61 °00'00" East, a distance of 554.91 feet; Thence, South 29000'00" West, a distance of 859.80 feet for the south corner of this tract; Thence, North 61 °04'31" West, a distance of 796.13 feet to a point on the southeast boundary of South Staples Street (F.M. 2444); a public roadway, for the west corner of this tract; Thence, North 28 °56'53" East, with said southeast boundary of South Staples Street (F.M. 2444). a distance of 845.85 feet to a point on said southwest boundary of Timbergate Drive, for the north corner of this tract; Thence, South 61 °00'00" East, continuing along the southwest boundary of said Timbergate Drive, a distance of 11.50 feet for a corner of this tract; . Thence, North 73 °58'26" East, continuing along the southwest boundary of said Timbergate Drive, a distance of 21.20 feet for a corner of this tract; Thence, South 61'00'00" East, continuing along said southwest boundary of said Timbergate Drive, a distance of 770.41 feet to the Point of Beginning and containing 15.73 acres (684.980.78 square feet) of land. Bearings are based on the recorded plat of The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas. No monumentation found or set at corners, unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineering BMI WN LEE IM �< ...... /...104PYCG 'j Dan L. Urban, R.P.L.S. _ License No. 4710 (361 QAgU7698W2001fn15.73acre ?.499 SWANTNER DR'. CORPUS CHRISTI,�18ee J� 404 FAX (361)854-6001 www.urbanong.com EX H I BIT A TBPE Firm #145 URBAN ENGINEERING State of Texas County of Nueces February 13, 2013 Job No. 37698.B2.00 Fieldnotes for a 5.48 acre tract of land (not based on an on -the- ground survey) out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a trap of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 5.48 acre tract being more fully described by metes and bounds as follows: Commencing at a point on the southwest boundary of Timbergate Drive, a public roadway, for the east corner of this tract, from which the north corner of Lot 1, Block 1, The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas, bears North 29 °00'00" East, a distance of 859.80 feet, South 61 100'00" East, a distance of 554.91 feet; Thence, South 29 °00'00" West, a distance of 300.00 feet for the south corner of this tract; Thence, North 61 10411" West, a distance of 795.86 feet to a point on the southeast boundary of South Staples Street (F.M. 2444), a public roadway, for the west corner of this tract; Thence, North 28 °56'53" East, with said southeast boundary of South Staples Street (F.M. 2444). a distance of 300.00 feet to a point for the north corner of this tract; Thence, South 61 °04'31" East, a distance of 796.13 feet to the Point of Beginning and containing 5.48 acres (238,798.76 square feet) of land. Bearings are based on the recorded plat of The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas. No monumentation found or set at corners, unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. ,r Urban Engineering 1A Dan L. Urban, R.P.L.S. License No. 4710 ( 361 ^IS e rtg1376981B2fl01rn5.4,,,,, .fig 5 SWANTNER DR. • CORPUS CHRISTI,FXe/� a �4D4 FAX (361)854 -6001 EXHIBIT 6 www,urbanerig,com TBPE Firm #145 r 300.00' 859.80' 52W00 00 1159.80' "Point of Beginning" "Point of Beginning" 5.48 Acres 15.73 Acres � "Point of Commencement " R for 5.48 Across Lot t8, Section 11 Flour Bluff and Encinal Farm and Garden Tracts $ Vol. A, Pgs. 41 -43, Map c Records of Nueces County, Texas 7,5'U.E. (Doc. No. 2009047355, OAN.C.T. (nn 7.5'U. III )uj Ilo I I r I 11Q fl N Lot 19. Section 11 Lot 1, Block 1 The Village at Timbergate Unit 1 Vol. 67. Pgs. 344 -345, Map Records of Nueces County, Texas — 20� — — 10 —, —E.- �r— Spanish Wood Drive Lot 1. Block 3 1 1 Lot 1, Block 2 S I N Stonehenge Drive1Lot 20, Section 11 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas Map to Accompany REWIC7 S for a 5.48 acre ffact of land (not based on an on -the ground survey) out of Lots 17 and 14 Sectlan 11. flour Bluff avrd Enalnal Form and Garden Tracts a map of which Is r I IC3 30' c a LM 2 1=. Lot 8� b\ ` Cr.. V xP����� g A. Lot 7 a. 24 CL Lot 1 S. Section 11 I a C w2 C w E. U �.r m Aa z' Wa a u m 0 U. Lot 13, Section 11 Flour Bluff and Encinal Form and Garden Tracts Vol. A. Pgs. 41 -43. Mapp Records of Nueces County, Texas recorded in Volume �, Pages 4f -� Map Records of Nrrecea Gbunty, URBAN Fexas. fWNOW for a 117J acre Hatt of land (not hosed an an ENGINEERING an- the -ground sunscyj out of Lots 17 and 18 Section 11, Flour 81uff and EI I farm and Gorden Tracts, a map of which Is 2725 Sw�lAll1VER, CORAUS CHhSAy IFXAS 78!04 recorded in ftme A, Pages 41-93, Map Records of Naeoes County, o 04- .1191. Fax' (361)874 -M EXHIBIT C REV: Feb. 15 2013 Feb. DAM ' 2013 , $ JOB NO.: 3769 &82.00 SHMT: 1 of 1 DRAWN BY: XG ig echlbit.dwg, 2/15)2013 13 7:07 PK \\uFbanshs03kEng1n+ . f >t South Staples btreet (F.M. 2444)S81150 EN73'58'2fi "E 300.00' 845.85' 59 a i u'�a Lot. o N to a: w Lot 17, Section 11 ,� I a Flour Bluff and Encinal c� ^ 1 m a Farm and Garden Tracts 1 o. co r" I Re Vol. A. Pgs. 41 -43, Map rds of Nueces County, Texas oo Z` > f �ff Lot 58 o � UZ * ° �I �, Proposed CG -2 g `° M o Sri E " 15.73 Acres w O I • °- ._ ° c°4 9 r 300.00' 859.80' 52W00 00 1159.80' "Point of Beginning" "Point of Beginning" 5.48 Acres 15.73 Acres � "Point of Commencement " R for 5.48 Across Lot t8, Section 11 Flour Bluff and Encinal Farm and Garden Tracts $ Vol. A, Pgs. 41 -43, Map c Records of Nueces County, Texas 7,5'U.E. (Doc. No. 2009047355, OAN.C.T. (nn 7.5'U. III )uj Ilo I I r I 11Q fl N Lot 19. Section 11 Lot 1, Block 1 The Village at Timbergate Unit 1 Vol. 67. Pgs. 344 -345, Map Records of Nueces County, Texas — 20� — — 10 —, —E.- �r— Spanish Wood Drive Lot 1. Block 3 1 1 Lot 1, Block 2 S I N Stonehenge Drive1Lot 20, Section 11 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas Map to Accompany REWIC7 S for a 5.48 acre ffact of land (not based on an on -the ground survey) out of Lots 17 and 14 Sectlan 11. flour Bluff avrd Enalnal Form and Garden Tracts a map of which Is r I IC3 30' c a LM 2 1=. Lot 8� b\ ` Cr.. V xP����� g A. Lot 7 a. 24 CL Lot 1 S. Section 11 I a C w2 C w E. U �.r m Aa z' Wa a u m 0 U. Lot 13, Section 11 Flour Bluff and Encinal Form and Garden Tracts Vol. A. Pgs. 41 -43. Mapp Records of Nueces County, Texas recorded in Volume �, Pages 4f -� Map Records of Nrrecea Gbunty, URBAN Fexas. fWNOW for a 117J acre Hatt of land (not hosed an an ENGINEERING an- the -ground sunscyj out of Lots 17 and 18 Section 11, Flour 81uff and EI I farm and Gorden Tracts, a map of which Is 2725 Sw�lAll1VER, CORAUS CHhSAy IFXAS 78!04 recorded in ftme A, Pages 41-93, Map Records of Naeoes County, o 04- .1191. Fax' (361)874 -M EXHIBIT C REV: Feb. 15 2013 Feb. DAM ' 2013 , $ JOB NO.: 3769 &82.00 SHMT: 1 of 1 DRAWN BY: XG ig echlbit.dwg, 2/15)2013 13 7:07 PK \\uFbanshs03kEng1n+ to AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 9, 2013 Second Reading for the City Council Meeting of April 23, 2013 DATE: March 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING -ZONING Sigifredo Montemayor (Case No. 0711 -02) Special Permit Time Extension Property Address: 2217 Flour Bluff Drive CAPTION: Case No. 0711 -02 Sigifredo Montemayor: The applicant is requesting that Zoning Ordinance 029355 be amended by adding a 12 -month time extension to the Special Permit time limit initially approved. PURPOSE: The purpose of this item is to grant a 12 -month time extension for a Special Permit to allow the applicant to construct a storage warehouse. RECOMMENDATION: Planning Commission and Staff Recommendation (March 13, 2012): Approval of the requested Special Permit time extension for an additional 12 months. BACKGROUND AND FINDINGS: The property was rezoned to "CN -1" Neighborhood Commercial District with a Special Permit to allow a storage warehouse and limited outdoor storage for a metal roofing business. The Special Permit expired on January 17, 2013. The current business has existed at this location in a single - family district for a number of years. After a Code Enforcement investigation, the owner rezoned the property to bring it into conformity with the Unified Development Code. The applicant plans to apply for building permits for the construction of a warehouse if the Special Permit time extension is approved. The purpose of the warehouse is for the indoor storage of equipment and materials. ALTERNATIVES: 1. Denial of the requested Special Permit time extension; or 2. Grant more or less time than requested OTHER CONSIDERATIONS: Denial of the time extension will require the owner to relocate the storage of his commercial equipment and materials. CONFORMITY TO CITY POLICY: The proposed Special Permit time extension does not affect the Future Land Use Plan or the Comprehensive Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0711 -02 Planning Commission Hearing Date: March 13, 2013 c Applicant: Sigifredo Montemayor ° Owners: Edward Montemayor & Mearary Iveth Montemayor c�a E �.L Legal Description /Location: Flour Heights, Block 1, Lot 22, located along the 'Q _ y east side of Flour Bluff Drive and approximately 350 feet north of Purdue Road. CL Q a o Request: Special Permit Time Extension c Q Area: 0.74 Acres c a Purpose of Request: Extend the expiration date of the Special Permit for an N w additional 12 months. Existing Zoning District Existing Land Future Land Use "CN -1 /SP" Neighborhood Commercial & Site Commercial District with a Low Density Commercial ayi Special Permit Residential c N North RS -6 Single - Family 6 District Low Density Low Density Residential Residential 8' c� South "RS -6" Single - Family 6 District Low Density Low Density n Residential Residential w East "RS -6" Single - Family 6 District Low Density Low Density Residential Residential West "CG -2" General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Flour Bluff Area c Development Plan (ADP) and is planned for a commercial use. cL Map No.: 037031 a c Zoning Violations: The landowner was cited by code enforcement for an illegal aland use on the property. The Special Permit was granted in order to bring the property into conformity. CL Transportation and Circulation: The subject property has approximately 108 .2 feet of frontage along Flour Bluff Drive, which is an "Al" Minor Arterial Undivided street. The property is located approximately 320 feet north of Purdue Road, ~ C which is a proposed "Cl" Minor Residential Collector street. Urban Proposed Existing Traffic Street Transportation Section Section Volume L O Plan Type (2011) Cn Flour Bluff Dr. "A1" Minor Arterial 95' ROW 88' ROW 14,048 Undivided 64' paved 22' paved (2011) Staff's Summary: Request: The purpose of the request is to extend the time limit of the Special Permit for an additional 12 months. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Department Comments: • The applicant is requesting a time extension for the Special Permit that was issued on January 17, 2012. It has been one year since the approval and there has been no action on the Special Permit. Therefore, a time extension is needed in order for the Special Permit to remain valid. • The original application for a Special Permit was for the continued use of the property as a metal roofing business and contractor's storage yard. The property was previously zoned "RS -6" Single - Family 6 District. Staff recommended denial of the change of zoning to the "IL" Light Industrial District that was requested. • The property was previously in violation of the zoning ordinance. The metal roofing shop was in a residential district which did not allow this type of commercial activity. The Special Permit brings the property into conformity with the Unified Development Code. • The applicant plans to get building permits for the expansion of the commercial business if the Special Permit time extension is approved. Planning Commission and Staff Recommendation (March 13, 20131 Approval of the requested Special Permit time extension for an additional 12 months. Number of Notices Mailed — 15 within 200' notification area; 1 outside notification area 0 As of March 14, 2013: In Favor — 1 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership 2. Special Permit Ordinance 3. Site Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2013 \0711 -02 Montemayor Time Extension \0711 -02 Zoning Report for CC, Montemayor (Special Permit Time Extension Request).doc WE z W. � FzV" MAR& W—A 0 Mi 3 1 h b I RS -6 0 400 CASE: 0711 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject PropeHy O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� in opposition 5 2 3 Y 4 AFL E Uhl � 1 07/05/2011 Prepared By: JDM 2 / Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS -6" Single- Family 6 District to the "CN -11SP" Neighborhood Commercial District with a Special Permit and subject to eight (8) conditions, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sigifredo Montemayor, 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, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from the "RS -6" Single - Family 6 District to the "CN -11SP" Neighborhood Commercial District, subject to eight (8) conditions, resulting in a change of future land use from single- family use to a commercial use with a special permit (Zoning Map 037,031) (Exhibit A - , "Planning Commission and Staff Recommendation "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. Uses: All uses allowed in the "CN -1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN -1" Neighborhood Commercial District. 1 29355 iNDEXED Page 2 of 4 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right -of -way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right -of -way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the 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. 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 110 -day of �, 2012. K:1 Lega11S HARE DILEGAL- DEV.SVCS12012 Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend. DWBFinal - Revised 1- 6- 2012.doc Page 3 of 4 ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI <' k a & /� �-Ie � Jo / Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This day of , 2012 r r eborah Walther Brown Assistant City Attorney For City Attorney K:ILegaI1SHAREDI LEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinai - Revised 1- 6- 2012.doc Page 4 of 4 Corpus Christi, Texas 1-141- day of 12012 TO THE ME ERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, Joe Add6le Mayor, City of Corpus Christi The above ordinance was passed. by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant EFFECTIVE' DA's 7-3 jj-Z, K:1 LegalI SHAREDILEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinal - Revised 1- 6- 2012.doc 029355 A R S "�;, ' La R 16 DR C►. I DR , ��R ' - LDR VACIO Q COM'� r LDR LD R 8 ?g p VAC. LDR; 23 7 LQR. 7 LDR 1.8 LDR VAG LDR 17 LDR 6 LDR 25. LDRX LDR 16 dp 2A� AG' 4 3A .: '. C� 4 LDR 1 S LE7R Q. v Off, ;> v .. LDkR LDS VAC; � 2DR LDR, K 1 WN o 400 s ��R 3 DR spa oM went ergpr 3'y gees .... ......... ... CASE::07� =02 { 1 F Exhibit A Planning Corn Staff Reeommendat�onr �ti JEC+ f b�. PROP 's 4 3 1 Q r, From: RS -;ti Single 1Family.6 a H To: " N 1.fSP "' Ne +ghbarhoaa �G:om.mercial a;` "�' with a Special. Permit' _ ra tna i qe No: ' ...... MAP L N DCATfO `' f! J bo -0- oa I,t:q- 4 0 ov t-e Ordinance amending Ordinance No. 029355, upon application by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a 12 -month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), requested, prior to the initial special permit expiration date provided by Ordinance No. 029355, a 12 -month extension of the 12 -month special permit time limit initially approved, therein requesting a total time limit of 24 months; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Sigifredo Montemayor for an amendment to the time limited stated in the special permit time granted in Ordinance No. 029355; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2013, during a meeting of the Planning Commission, and on Tuesday, April 9, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners ") to extend the time limit stated in the special permit previously approved in Ordinance No. 029355 and made effective January 23, 2012, Ordinance No. 029355 is amended by adding a 12 -month time extension to the 12 -month special permit time limit initially approved, thus extending the time limit in the approved special permit to a total of 24 months. A copy of the special permit previously approved by Ordinance No. 029355 is attached to this ordinance as Exhibit "A," the provisions of which are incorporated by reference in this ordinance as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of Lot 22, Block 1, Flour Heights, and that are in conflict with this ordinance are expressly repealed. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS -6" Single- Family 6 District to the "CN -11SP" Neighborhood Commercial District with a Special Permit and subject to eight (8) conditions, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sigifredo Montemayor, 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, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from the "RS -6" Single - Family 6 District to the "CN -11SP" Neighborhood Commercial District, subject to eight (8) conditions, resulting in a change of future land use from single- family use to a commercial use with a special permit (Zoning Map 037,031) (Exhibit A - , "Planning Commission and Staff Recommendation "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. Uses: All uses allowed in the "CN -1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN -1" Neighborhood Commercial District. EXHIBIT A 029355 iNDEXE ; Page 2 of 4 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right -of -way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right -of -way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the 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. 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 110 -day of �, 2012. K:1 Lega11S HARE DILEGAL- DEV.SVCS12012 Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend. DWBFinal - Revised 1- 6- 2012.doc *:4:i1 :11r_I Page 3 of 4 ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI <' k a & /� �-Ie � Jo / Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This day of , 2012 r r eborah Walther Brown Assistant City Attorney For City Attorney K:ILegaI1SHAREDI LEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinai - Revised 1- 6- 2012.doc i0:N:I1 -.11 _I Page 4 of 4 Corpus Christi, Texas 1-141- day of 12012 TO THE ME ERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, Joe Add6le Mayor, City of Corpus Christi The above ordinance was passed. by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant EFFECTIVE' DA's 7.-3 jj—Z, K:1 LegalI SHAREDILEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinal - Revised 1- 6- 2012.doc EXHI BIT A (29355 LaR 16 DR C►" I DR , ��R ' - LDR VACIO Q COM'� r LDR LD R 8 ?g p VAC. LDR; 23 7 LQR. 7 LDR 1.8 LDR VAG LDR 17 LDR 6 LDR 25. LDRX LDR 16 dp 2A� AG' 4 3A .: '. C� 4 LDR 1 S LE7R Q. v Off, ;> v LDkR LDS VAC; � 2DR LDR, K 1 WN o 400 s ��R 3 DR spa oM went ergpr 3'y gees .... ......... ... CASE::07� =02 { 1 F Exhibit A Planning Carnrn�sslon Staff Reeommendat�onr �ti JEC+ f b�. PROP 's ..3 1 Q r, From: RS -;ti Single 1Family.6 FAR H To: " N 1.fSP "' Ne +ghbarhoaa �G:om.mercial a;` "�' with a Special. Permit' _ ra tna i qe No: ' ...... MAP L N DCATfO `' f! J EXHIBIT A 0 AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of April 9, 2013 852 Second Reading Ordinance for the City Council Meeting of April 23, 2013 DATE: March 20, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com Type A Grant for Texas A &M University- Corpus Christi CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC ") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. PURPOSE: TAMU -CC will submit an application to the FAA to locate an FAA Center in Corpus Christi. BACKGROUND AND FINDINGS: The FAA will designate six UAS test sites in 2013 for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace. It is critical for Texas to compete successfully for this designation in order to reap its share of UAS national industrial development and economic growth estimated at 150,000 jobs and $8 billion annually by 2020. Texas is proposing a statewide test site that will be comprised of five test ranges, with the principal range and command center located in Corpus Christi. In -depth consultation with former FAA senior executives indicates that, properly developed into a coordinated system, Texas, and Corpus Christi in particular, are ideal for the type of testing, evaluation and policy development required by the FAA to meet its congressionally mandated goal of integrating all classes of UAS into U.S. national airspace over the next 10 to 15 years. Texas A &M University — Corpus Christi is the lead entity preparing to submit a bid for one of these test sites. The cost of securing and preparing the bid to the University could be as high as $600,000. This cost is being matched by in -kind and in -cash contributions from the Texas Engineering Experiment Station and the lead systems integrator on the project, Camber Inc. Given its role as lead test range and command center for Texas, if Corpus Christi reaps just 2 percent of economic activity projected for the UAS national market, more than 300 well - paying jobs will be created by private- sector investment in UAS manufacturing and technology research and development. Texas A &M University — Corpus Christi will, moreover, increase its capacities for UAS - related research funding from public and private sources. Students at all levels will benefit from this upgrade as they prepare for careers related to UAS industries, from high -tech maintenance bays to research labs and advanced flight- testing. In all likelihood, UAS industrial development in Texas, spawned by UAS integration test ranges, will lead to long -term — and, to date, unimagined — economic and educational benefits, much of it in the Corpus Christi area. Type A funds may be granted for start -up costs for research centers. The statute also allows the Type A Board to approve grants that will increase economic development. ALTERNATIVES: OTHER CONSIDERATIONS: This is a competitive process. Corpus Christi may not be selected. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 600,0001 1 600,000 BALANCE 1 600,0001 1 600,000 Fund(s): Type A RECOMMENDATION: Staff recommends approval of the Type A Grant to TAM U-CC for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace LIST OF SUPPORTING DOCUMENTS: Type A Agreement Business Service Agreement BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRIST[ BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A&M UNIVERSITY — CORPUS CHRISTI This Business Incentive Agreement for ("Agreement") is entered into between the Corpus Christi Business and job Development Corporation ("Corporation") and Texas A&M University - - Corpus Christi, a Texas institution of higher education ("TAM U-CC") WHEREAS, the Texas Legislature in Section 4A of Article; 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979:), now codified as Subtitle C!, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), 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 citizens; 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 one4ghth 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 1 2003, to be administered by the Corpus Chnsti Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes to assist small and start-up companies carries the heading "Business Development/] ncubation; " WHEREAS, the Board of Directors of the Corporation ("Board • September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 20091- WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation', WHEREAS, the Federal Aviation Administration (FAA) has proposed to designate six regional test sites for the purpose of developing technologies, policies and procedures that will safely integrate unmanned aerial systems UAS into the national airspace that would be located in Texas-, WHEREAS, it is critical for Texas to compete successfully for this designation in order to reap its share of UAS national industrial development and economic growth estimated at 150,000 jobs and $8 billion annually by 2020; I * " 0 *so 0 Z I - all a LIVIM2411--mal 2 so- �J!A some A 1110A =4 2040115 AIM W-W, cost is being matched by in-kind and in-cash contributions from the Texas Engineeri%c Experiment Station and the lead systems integrator on the project, Camber Inc., [in Lig-ka I I I L�A E I a I* EI I I U� I it I'l WHEREAS, TAMU-CC will increase its capacities for UAS-related research funding from publi# and private sources; WHEREAS, TAMU-CC students at all levels will benefit from this upgrade as they prepare for careers related to UAS industries, from high4ech maintenance bays to research labs and advanced flight-testi'ng. WHEREAS, on March 18, 2013 the Board determined that it Is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to TAMU-CC, through this Agreement with TAMU-CC, to be used by TA;MU-CC to fund an application to be an FAA Test Center for UAS for the purpose of developing technologies, policies and procedures that will: safely integrate UAS into the national airspace; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. F � I 'Jiffily-Tr i[alIE!Ill�l�l�����4l���li�llill"sl��fflill;'!-3i-it� �9� 11=1 I IF III I! FIRIF11111 IIIIN 1111 1115! INIT! p 111 �! 3. Performance Requirements and Grants. Corporation shall provide a grant not to exce-# 1 iii to TAMU-C�C. TAMU-CC must use the grant to fund activities in support of an application to become one of six regional FAA Test Sites for the purpose of developing techno;logies, policies and procedures that will safely integrate UAS into the national airspace. As grant funds are expended, TAMU-CC must deliver invoices for payment. The Corporation shall pay invoices within 30 days. 2. TAMU-CC is an institution of higher education established under the laws of the State V Texas, has all power and authority to carry on its activities as presently conducted in Corpus Christi, Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability, us am- M a rWZT* UNFUNTO FZ#W. in MIS Agreement m MET OF uIllizea solely TOF the terms • this Agreement. e. The person executing this Agreement on behalf of TAMU-CC is duly authorized-b.o. execute this Agreement on behalf of TAMU-CC, 5. Compliance with Laws, During the Term of this Agreement, TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. ,i. Non-Discrimination. TAMU-CC covenants and agrees that TAMU-CC 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. V _Q_ —Trier VITI Fg_UIITrdI 0 UlTdl as possible after the occurrence of the cause or causes relied upon. 8. Assignment. TAMU-CC 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 City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 9M. a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. TAM -CC shall, to the extent authorized by law, pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC. shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages. 13. 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. nw.- 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. c. Any waiver or indulgence of TAMU-CCs default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU�CC 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 ha�ve, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies; or elect to terminate this Agreement on account of t4 le default. I a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: IIII&MI Texas ► & orpus Chn Attn.- President/CEO 6300 Ocean Drive, Unit 5756 Corpus Christi, Texas 78412-5756 RIM City of Corpus Christi Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following City of Corpus Christi Aftn.: City Manager P.O. Box 9277 Corpus Christi, Texas 7846 92-1 c. Notice is effective upon deposit in the United States mail in the manner provideig I 2bove. 21. 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 unenforceabli; under present or future law effective during the term of this Agreement, then th.'.X 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 terms to the 5M illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. I I I Ili I' I Il I I I IN Ill I IIIII Ill I iii I 23. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 24. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and 'the obligation of the parties relating to Section 21 a and b shall survive the termination of this Agreement. By: Robert Tamez President Date: Attest, B y., Armando Gape Assistant Secretary Texas A&M University — Corpus Christi 7 of 6 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ( "the Act "), 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 citizens; 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 State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Texas A &M University — Corpus Christi ( "TAMU -CC ") has submitted a proposal to the Type A Corporation for a $600,000 grant of up to $600,000 for start -up expenses for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test ranges in Corpus Christi, Texas; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund TAMU -CC's that business development funds be provided to TAMU -CC, through this Agreement with TAMU -CC, to be used by TAMU -CC to fund an application to be an FAA Test Center for UAS for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace; and WHEREAS, the Type A Corporation, TAMU -CC has executed a business incentives agreement to fund an application to be an FAA Test Center for UAS for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: Page 1 of 3 Type A Business Service Agreement - TAMU -CC FAA Center 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and TAMU -CC related to TAMU -CC FAA Center in Corpus Christi ( "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 designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is March 1, 2013. 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. 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. Page 2 of 3 Type A Business Service Agreement - TAMU -CC FAA Center The City of Corpus Christi Ronald L. Olson City Manager Date: Attest Armando Chapa City Secretary Type A Business Service Agreement - TAMU -CC FAA Center Corpus Christi Business & Job Development Corporation Robert Tamez President Date: Page 3 of 3 Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU- CC") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from TAMU -CC for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas between the Type A Corporation and TAMU -CC; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas between the Type A Corporation and TAMU -CC. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas between the Type A Corporation and TAMU -CC, which is on file at the City Secretary's office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with TAMU -CC, which is on file at the City Secretary's office. ORDINANCE -- TAMC CC FAA Grant 3 -15- 1303/14/13 Page 2 of 3 SECTION 3. That $600,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to TAMU -CC for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $600,000 for a business incentive grant from the Type A Corporation to TAMU -CC for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb ORDINANCE -- TAMC CC FAA Grant 3 -15- 1303/14/13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. ATTEST: Armando Chapa City Secretary ORDINANCE -- TAMC CC FAA Grant 3 -15- 1303/14/13 Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 9, 2013 Second Reading Ordinance for the; City Council Meeting of April 23, 2013 TO: Ronald L. Olson, City Manager RO danb@cctexas.com (361) 826-3729 Execute Construction Contract Saluki Street Rehabilitation Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E! 2053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with i. Carroll Weaver, Inc. • Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. The purpose of this Agenda Item is to execute the construction contract for the Saluki Street Rehabilitation. lw�l glARMU On January 30, 2013, the City received proposals from four (4) bidders and the bidders and their respective bids for the project Base Bid are as follows: KAENGINEERNG DATAEXCiiANGEkVELh4AP%STREE-nEI2053 SALUKI STREET REHABILITATIONiCONSTRUCTtONAGENDA MEMO - SALUKI STREET DOCX Contractor Base Bid J. Carroll Weaver, Inc. $192,479.50 Sinton, Texas 2013 -2014 Mako Contracting, LLC $214,922.00 Corpus Christi, Texas TOTALS Clark Pipeline Services $217,885.14 Corpus Christi, Texas Garrett Construction Company $231,148.50 Ingleside, Texas $270,000.00 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's engineer, Urban Engineering, conducted a bid analysis of the four (4) proposals submitted to the City. The lowest bidder based on the Total Base Bid is J. Carroll Weaver, Inc. of Sinton, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, J. Carroll Weaver, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A Funds. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013 -2014 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $270,000.00 $0.00 $270,000.00 Encumbered / Ex ended Amount $72,477.10 $72,477.10 This item $192,479.50 $192,479.50 BALANCE $77,520.50 $(72,477.10)1 $51043.40 Fund(s): Type A Board, Storm Water CIP FY 2012 -2013 Developer Participation Comments: The project requires 90 calendar days, with anticipated completion approximately July 2013. Thus, funding for this contract will only be required during Fiscal Year 2013 -2014. K%ENGINEERING DATAE XCHANGEIVELMAPISTREEnEI2053 SALUKI STREET REHABILITATIOMCONSTRUCTIONWGENDA MEMO - SALUKI STREET.DOCX RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be awarded to J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Saluki Street Rehabilitation for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance K%ENGINEERING DATAEXCHANGE \VEIMWPGTREET\E12053 SALUKI STREET REHABILITATIONICONSTRUCTIONWGENDA MEMO - SALUKI STREET.000X PROJECT BUDGET SALUKI STREET REHABILITATION (Project No. E12053) First Reading Ordinance for the City Council Meeting of April 9, 2013 Second Reading Ordinance for the City Council Meeting of April 23, 2013 FUNDS AVAILABLE: Type A Funding ............................................................. ............................... $210,000.00 Storm Water CIP - Developer Participation .......................... ............................... 60,000.00 TOTAL........................................................................ ............................... 270,000.00 FUNDS REQUIRED: Construction (J. Carroll Weaver, Inc.) Base Bid .................... ............................... Contingencies( 10%) ....................................................... ............................... Engineer Fees: Engineer (Urban Engineering) * . ............................... ........ ............................... Construction Materials Testing (Rock Engineering & Testing Laboratory) .................. Reimbursements: Contract Administration (Contract Preparation / Award/ Admin) .. ............................... Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ..... ............................... Construction Observation Services .................................... ............................... $192,479.50 19,247.95 22,800.00 10,700.00 5,293.19 6,736.78 6,736.78 Misc. (Printing, Advertising, etc.) ....................................... ............................... 962.40 TOTAL........................................................................ ............................... $264,956.60 BALANCE.................................................................... ............................... $5,043.40 * Consultant Design Contract awarded on August 8, 2012 to Urban Engineering (administrative approval). Construction Observation Services is not included in Consultant Design Contract. Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to add Project No. E12053 Saluki Street Rehabilitation Project. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to increase expenditures in the amount of $60,000. SECTION 3. A construction contract for Project No. E12053 Saluki Street Rehabilitation Project in the amount of $192,479.50 with J. Carroll Weaver, Inc. of Sinton, Texas is executed. ATTEST Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K%Engineedng Data Exchange%VELMAP%STREEnE12053 SALUKI STREET REHABILITATIONICONSTRUCTION %Ordinance - Saluki Street.doex That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2013. ATTEST Armando Chapa Nelda Martinez City Secretary Mayor K1ENineenn8 OutaExdiarwWELAMP%STREET%E12053 SALUKI STREET RENABILITATIONICONSTRUCTION %Ordirwm - Saluki Street -cl= \ Mproject\ councilexhibits \ exhE 1 2053dwg o= PROJECT LOCATION FM 2444 o y ray y �yyyy� O JO Oso O Creek S= 6_ Q LOCATION MAP NOT TO SCALE N J SALUKI ST PROJECT LOCATION VICINITY MAP NOT TO SCALE PROJECT #E12053 CITY COUNCIL EXHIBIT SALUKI STREET REHABILITATION CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 0 0 PAGE: 1 of 1_ FAR • Y�t AGENDA MEMORANDUM Future Public Hearing for the City Council Meeting of April 9, 2013 Public Hearing /Resolution for the City Council Meeting of April 23, 2013 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EieO _cctexas.com 361- 826 -3234 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing /Resolution adopting the FY2013- FY2017 5 Year Consolidated Action Plan. CAPTION: Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. PURPOSE: Purpose of Public Hearing is to abide by HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on proposed project funding for FY2013 -2017 5 -year Consolidated Action Plan. The Resolution proposed will adopt the FY2013- FY2017 PLAN and allow submission of the PLAN to HUD. BACKGROUND AND FINDINGS: The FY2013 -2017 5 Year Consolidated Plan provides an overview of housing and homeless needs in Corpus Christi, an analysis of the housing market, and a strategic plan for meeting needs identified through the development of the document. The analysis included utilizing the 2007 -2011 American Community Survey data, along with 2010 U.S. Census data, with information gathered locally, including a homeless survey conducted in Corpus Christi, a survey of citizens in prioritizing needs, real estate data provided by the Association of Realtors and the Apartment Association, and building permit data compiled by the City of Corpus Christi. The major sections of the Consolidated Plan include Consultant and Citizen Participation, Housing Market Analysis, Housing and Homeless Needs Assessment, Strategic Plan and Annual Action Plan. The FY2013- 2017 Consolidated Plan will be submitted to HUD on June 13, 2013 for review and approval following the required 30 -day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON - EMERGENCY: This item is non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT Not applicable Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Resolution Resolution adopting the fiscal year (FY) 2013- FY2017 Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. Whereas, with proper notice to the public, published on April 21, 2013 in the Corpus Christi Caller Times, a public hearing was held on Tuesday, April 23, 2013, during a meeting of the City Council, 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 adoption of this resolution would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2013- FY2017 PLAN, which includes the CDBG, the ESG, and the HOME Programs is adopted. Additionally, the City Manager or the City Manager's designee is authorized to submit the FY2013- FY2017 PLAN to HUD and is further authorized to make changes to the FY2013- FY2017 PLAN if required by HUD. PASSED AND APPROVED this day of Meeting of the City Council of the City of Corpus Christi, Texas. Attest: Armando Chapa City Secretary , 2013 at a Regular City of Corpus Christi Nelda Martinez Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott FAR • Y�t AGENDA MEMORANDUM Public Hearing /1St Reading Ordinance for the City Council Meeting of April 23, 2013 2nd Reading Ordinance for City Council Meeting April 30, 2013 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EieO _cctexas.com 361- 826 -3234 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing /1St Reading Ordinance regarding the City of Corpus Christi's proposed FY2013 -2014 Consolidated Annual Action Plan. CAPTION: Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. PURPOSE: Purpose of Public Hearing is to abide by HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on proposed project funding for CAAP FY2013 -2014. Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013- FY2017 Consolidated Plan /Citizens Participation Plan, three (3) public hearings prior to the adoption of the FY2013 -2014 CAAP. An initial public hearing was held at Corpus Christi City Hall on December 11, 2012. An additional public hearing to receive additional input was held on December 19, 2012. The public hearing to be conducted on Tuesday, April 23, 2013 by the City of Corpus Christi's City Council will satisfy the requirement of the second required hearing though three public hearings were held. The City of Corpus Christi has received a preliminary allocation from HUD which, at this time, is not final due to the federal sequester. $2,462,699 — Community Development Block Grant (CDBG) — proposed 5% reduction from FY2012 -2013 $ 251,306 — Emergency Solutions Grant (ESG) — proposed 5% reduction from FY2012 -2013 $ 979,141 — HOME Investment Partnership Program (HOME) — 5% proposed reduction from FY2012 -2013 An additional $700,000 generated from the Revolving Rehabilitation Loan Program (Program Income) and $150,000 generated from Program Income from Demolition Liens and Property Clearance will be made available to the CDBG Program for continued funding of those programs. Additionally funding in the amount of $846,149 recaptured from previously funded projects that were unspent have been made available to be reprogrammed to augment funding levels for the upcoming FY 2013 -2014 CDBG program allocations for a total funding level of $4,158,848. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 168.1 million, of which approximately $18 million has been income generated by various programs administered by the Neighborhood Services Department. The ESG Program will have a proposed allocation amount of $251,306 for FY2013 -2014. The intent of the ESG Program funding is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless prevention activities. The HOME Program will have a proposed allocated amount of $979,141 as a funding level from entitlement funds to be received, with an additional $800,000 being made available for reprogramming from previously funded recaptured program funds, as well as $120,000 from Program Income from the Rehabilitation Program for an estimated available funding amount of $1,899,141 for the FY2013 -2014 Budget Year. Two Public Hearings were conducted on December 11 and December 19, 2012 at Corpus Christi City Hall. Additionally, the Community Development Division of Neighborhood Services Department conducted three (3) Technical Assistance Workshops for potential applicants. The City of Corpus Christi meeting scheduled for April 23, 2013, as part of their regular agenda, will conduct a Public Hearing on the proposed FY2013 -2014 CAAP. At the conclusion of the Public Hearing, the City Council will have the opportunity to discuss and present recommendations on the list of proposed projects /activities of the FY2013 -2014 CAAP. Adoption of the FY2013 -2014 CAAP will be presented at the next City Council meeting Scheduled for April 30, 2013. The FY2013 -2014 CAAP will be published on May 5, 2013. This will initiate a thirty (30) day comment period for citizens of Corpus Christi to review and provide comments prior to the submission of the FY2013 -2014 CAAP to HUD on June 13, 2013. The FY2013 -2014 Consolidated Annual Action Plan will be submitted to HUD on June 13, 2013 following the required 30 day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON - EMERGENCY: This item is non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: At the conclusion of public hearing, the City Council, may at their discretion, discuss any and all recommendations and provide direction on the projects /activities to be funded under the FY2013 -2014 CAAP LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CARP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on December 11th and 19th 2012, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, April 23rd. All hearings were held 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 Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2013- FY2014 CARP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2013- FY2014 CAAP to HUD, and • to amend the FY2013- FY2014 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP, and • to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects. Section 4. Additionally, that the City Council ratifies the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. J: \LegislativeBills \LISA \2013 Ordinance \2013 -2014 CAAP Ord Clean format.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this day of , 2013 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor J: \LegislativeBills \LISA \2013 Ordinance \2013 -2014 CAAP Ord Clean format.docx ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2013 ANNUAL ACTION PLAN RECOMMENDED FY2013 CDBG PROGRAM FY2013 CDBG Allocation $2,462,699 Reprogrammed Funds $846,149 Program Income from Demolition Liens and Propery Clearence $150,000 Program Income from Rehabilitation Program (Revolving Loan Fund estimate) $700,000 TOTAL FUNDS AVAILABLE FOR FY2013 CDBG PROGRAM $4,158,848 1, � � I 11, �, WN1 I 1 61 E=,, Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50 %); 1- Senior Account Clerk/Administrative Support (100 %); Zoning & Code Enforcement Administrator (25 %) in the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) for training through classes, seminars and /or conferences for education opportunities and for certifications required for code enforcement. The CE Property Advisors and Zoning Project Coordinator are responsible for the inspection of properties r within CDBG eligible areas for violations of approximately seventy five 1 (75) health, safety, and welfare related City Codes. These efforts 1 $323,296 $323,296 d support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. The Zoning and Code Enforcement Administrator oversees all functions of the Code Enforcement Division including investigating and enforcing substandard structures, junked vehicles, care of premises, zoning, illegal dumping, illegal signage, open storage, accumulation of litter and solid waste, tall weeds which includes the stated approximate 75 City t Ordinances. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors and Zoning Project ¢ Coordinator by processing compliance request through the mail and researching property owner's name and address. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and 2 ESG federal regulations, conducts public hearings /meetings, reviews 3 $437,000 $437,000 proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high 3 weeds and dangerous weeds; to include, abatement of unsightly and 5 $200,000 $200,000 unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. aliffimism, Demolition Program ME I=` This program consists of the demolition of substandard structures % determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for 4 neighborhood revitalization within the community and as a goal 7 $200,000 $200,000 established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Single Family Rehabilitation I The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating 5 their homes. Funds requested will be used to provide rehabilitation and 9 $700,000 $700,000 reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. j Request of $700,000 (Loans - $487,600, Demolition - $68,575, Lead - base Paint - $22,500, Relocation - $121,325) Rehabilition Services This is the operating budget for staff that service the various housing programs administered by NSD. Included in these funds are the salaries for the staff that manage and administer the Single Family Rehabilitation 6 Loan Program; Emergency Home Repair Grant Program; $5,000 11 $600,000 $600,000 Homebuyer Assistance Program; and the Type A Homebuyer Program. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education Classes, construction monitoring, project estimating, and development of specifications and drawings. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries includes one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of 800 loans provided through the 7 Single Family Rehabilitation Loan Program. Services includes collection 13 $85,877 $85,877 loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by HUD regulations on 8 houses built prior to 1978 . Repairs consist of roof repairs, plumbing 15 $50,000 $50,000 electrical, heating, and minor structural repairs. Lead based activities ' may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. aliffimism, ADA Improvements ME Design of approximately 10,000 linear feet of 5 foot wide sidewalk and 63 curb rambs along Brownlee Blvd. from S. Staples St. to Leopard St. which will be constructed in two phases. The design will separate the phases so the ' 9 construction from Ph I and Ph II can be bid seperately which will allow for a 17 $495,100 $495,100 future grant funding request. Ph I will construct 5,042 If. of 5 ft. wide sidewalk and 15 curb ramps from Morgan to Staples St. as this area has high pedestrian usage. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. Ethel Eyerly Senior Center AC Renovation Funding requested for the replacement of two central AC units that are currently not operational. The ability to cool the building is difficult and 10 the seniors are in need to of the AC for the summer months. The 21 $201,500 $201,500 1 replacement of the units will include new duct work to all the rooms, new control systems to operate the system and new venting and return equipment. New units will be efficient and would reduce the operating Posts of the center. ¢ La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the Library and reconstruct the damaged entrance walkways, which are the primary way for customers to enter the building; they measure 220 linear feet. The west side, 11 north side and east side of the building have damage with the east side only 23 $170,000 $170,000 having wheelchair accessibility. Funding also requested is to replace the public access elevator. The current elevator is 2" short of being ADA compliant. Access to second floor services would be impossible for individuals with disabilities or the elderly if the public elevator becomes inoperable due to repair parts being unavailable. Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will 12 build approximately 2,300 linear feet of 5 foot wide sidewalk and 15 ADA 25 $200,000 compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd, Greenwood Drive, Baldwin Ave, and Ayers St. Pedestrian travel is high in this area. Lindale Senior Center Roofing Project Renovation of the roofing system on the Senior Center to extend the buildings useful life and protect the assets inside the building. There are 13 leaks in the Arts and Crafts room and in the AC room. Continued leaks 29 $208,000 will cause structural damage and additional costly repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approximately 17,400 ' sq. ft. Fair Housing Education / Outreach / Remediation Outreach improvements to extend equal opportunity, accessibility, and fair housing through training, education, compliance, and technical assistace to citizens and providers. Through educational outreach, this program intends to meet a community by principally benefiting low income persons. In doing so, this population is preserving or exercising 14 civil protections in the process to obtain housing or to remediate and 31 $113,540 reside in an equal and fair housing environment free of slums, blight, and discrimination. The estimate number of low /moderate persons to be served is uncapped throughout the year at approximately 96 citywide public venues annually to addresss areas of concern such as: Landlord /Tenant Issues, Housing Discrimination, Dispute Resolution, Education /Outreach, and Intake Services. allowism, Ethel Eyerly Senior Center Fire Alarm System ME I=` Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 15 person needs to be on duty for the sole purpose of fire watch anytime the 33 $22,600 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Northwest Senior Center Roofing Project Northwest Senor Center roof renovation is to preserve the building, extend its useful life and stop damage to the structure of the building due 16 to water leaks in the valleys and slopes of the roof. The building is used 35 $222,500 as an activity center for seniors and as a meal provider for an average of 75 persons daily. The building is also used as a social center and events location for people in the community. Garden Senior Center Parking Lot Project j Parking lot is over 25 years old and the surface is breaking down. In 17 certain areas, the sub -base has become soft and ruts and holes are 37 $546,000 forming in the driveways. Parking area needs to be smooth and well lighted to provide a minimal hazard to walking and to avoid tripping in route to the building. 77 parking spaces service the building. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed 18 humps under certain conditions. The purpose of this request to allocate CDBG 39 $25,000 funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all. Lindale Senior Center Fire Alarm System i Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 19 person needs to be on duty for the sole purpose of fire watch anytime the 41 $24,900 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Greenwood Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is operational, but there is almost monthly service calls needed to the Fire Alarm Service Company to keep the system operational. The main control panel is no longer 20 available, though repairs have been made, future repairs are not 43 $24,900 possible. Several "False Alarms" are triggered each year. Currently they , are one a month which means the Alarm Company calls staff to check on the building before Fire Dept. is called, which could cause a delay in an actual event. The new alarm system would be operable 24 hours /day, 7 days /week. aliffimism, Greenwood Senior Center Roofing Project ME Renovation of the roofing system on the Senior center to extend the buildings useful life and protect the assets inside the building. There are 21 leaks in the Arts and Crafts room and in the AC room. Continued leaks 45 $205,000 will cause structural damage and additional repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approx. 17,200 sq. ft. 3 Greenwood Senior Center Parking Lot Project Greenwood Senior Center parking lot is used by seniors to access the building for daily social activity and meals. The parking lot is also used $ by persons using the center for social events. The parking area needs to be smooth and well lighted to provide minimal hazard to walking and to 22 avoid tripping when in route to the building. The rear parking lot is the 47 $566,000 access route for delieveries to the building such as hot meals, dairy products, and building supplies. It also houses the waste disposal box which is serviced twice a week. The area around and in front of the box is in poor condition. 78 spaces service the building and the back parking r lot is shared with the City /County Health Center so only half of the rear parking would be done. Ethel Eyerly Senior Center Pavilion Ethel Eyerly Senior Center Pavilion is in need of replacement. There is deterioration to the wooden support structures and to the roof decking. 23 The pavilion is used for outdoor activities and is also used for rentals and 49 $166,000 events wanting both an outdoor and indoor venue. The structure is 30x60 feet and includes lighting for night time use. There is a stone BBQ grill at the east end which will be renovated as part of the project to return the pavilion area to it's maximum usefullness. Ethel Eyerly Senior Center Renovation Project Phase 2 ' Funding requested would include expanding the hall or event room to the west of the entranceway, expand the office area, renovate the Heating 24 and AC system in the building, and other items as lined out in the plans. 51 $664,500 Phase I was funded out of CDBG FY2012. If Phase II is funded, the request for HVAC renovation in FY2013 will not be needed as this request covers both. Northwest Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 25 person needs to be on duty for the sole purpose of fire watch anytime the 53 $24,300 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Mary McLeod Bethune Day Nursery, Inc. Funding request is for a new 4,000 sq. ft. Building "C ". The John Chapman Building will be constructed on the footprint of the old Building "C ". The new Building "C" will have 2 classrooms, 2 restrooms, an activity room, an office, ajanitor's room, a foyer, and a covered porch. 55 $393,000 $393,000 The John Chapman Building will allow Bethune to continue to provide the highest quality of day care services, expand programming, and most importantly provide a safe environment for the low income and homeless students and their families. Capital Contribution: $105,000 Corpus Christi Housing Authority The Navarro Place construction of concrete drive and parking lot asphalt overlay project will consist of construction of concrete drive, 5"x18" wide by 2054 with radii, and to overlay existing parking with 1 1/2" compacted 77 $195,430 $195,430 asphalt pavement and apply traffic control striping, speed hump, and accessible symbols. Capital Contribution: $15,000 Corpus Christi Housing Authority The La Armada I New Playground project request is for an accessible 3 playground to be placed in an open space area behind the central office. 97 $55,000 $55,000 The project will also provide for accessible walkways and ramps for participants with accessible needs. This space is 50'x56'. The playground will serve low to moderate income families. Gulf Coast Council of La Raza, Inc. The project entails the construction of a parking lot with dimensions of 200x150 or 30,000 sq. ft. The construction will be the paving of a parking lot. The school serves approximately 335 low income students 117 $330,000 per year from pre - school to 12th grade. The parking will allow for students to be dropped off and parents to park for meetings. Capital Contribution: $5,000 Nueces County Community Action Agency To provide weatherization and minor home repairs to housing for elderly - disabled and single parents and families with children 5 years and younger. Improvements will include, but not limited to, ADA 135 $100,000 ramps /bathroom modifications, replacing windows, replacing water heaters, etc., and other minor home repairs. Leverage Contribution: $461,044 Cliff Maus Village Trust Cliff Maus Village Trust operates a 110 unit apartment complex for low and very low income residents. The project will replace aging and cumbling cast iron plumbing with modern plumbing materials, protecting 151 $414,375 the health and safety of the residents while at the same time preserving the integrity of the facility. Capital Contribution: $5,000 Wesley Community Center Funds requested to cover the areas of exposed concrete around the fapade of the building to prevent further problems of falling concrete. The fapade improvement is necessary because concrete is falling on the children's areas and in areas where clients enter or leave the building. 167 $200,000 The concrete blocks in the rear of the child care classrooms are uneven and present a danger to the children. Plan is to remove the concrete and crate green spaces for the children to enjoy learning activities that helps in the development of their cognitive skills. Coastal Bend Center for Independent Living The project shall provide barrier removal to include building ramps and 179 $100,000 home modifications for eligible individuals with disabilities within the City of Corpus Christi. Corpus Christi Metro Ministries The new Corpus Christi Metro Ministries Transformational Center will house administration offices, staff offices, community meeting rooms, restrooms, storage area, and a small kitchen. The project includes the 191 $150,000 acquisition of property, securing property (fencing), environmental studies, architechtural evaluation, possible partial demolition, and possible rehabilitation. Capital Contribution: $5,000 Total Non - Profit 1 $1,937,8051 $643,430 1 $0 Total City Projects $6,476,013 $3,462,773 $0 Overall Total $8,413,818 $4,106,203 $0 ATTACHMENT "D" RECOMMENDED FY2013 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM IFY2013 ESG Allocation City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested for the overall administration of the 1 Emergency Solutions Grant Program. These functions include the financial 207 $18,847 $18,847 oversight, compliance, and technical assistance components of the $251, II (Wesley Community Center I I I I II 2 Funding requested for the ESG Activity Component of Emergency Shelter- 209 $25,000 $20,000 Essential Services and Shelter Operations Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter - 3 Essential Services and Shelter Operations; Homeless Prevention -Case 219 $150,000 $60,000 Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance Recovery Contacts, Inc. 4 Funding requested for the ESG Activity Component of Emergency Shelter- 231 $53,979 $20,000 Essential Services and Shelter Operations Charlie's Place Recovery Center 5 Funding requested for the ESG Activity Component of Emergency Shelter- 237 $36,000 $20,000 Essential Services and Shelter Operations The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter - 6 Essential Services and Shelter Operations; Homeless Prevention -Case 251 $70,000 $56,000 Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance Catholic Charities of Corpus Christi 7 Funding requested for the ESG Activity Component of Homeless 260 $25,000 $20,000 Prevention -Case Management and short- and medium -term rental assistance Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter - 8 Essential Services and Shelter Operations; Homeless Prevention -Case 270 $21,000 $18,230 Management and short and medium term rental assistance; and Rapid Re- housing Case Management and short and medium term assistance II (Mary McLeod Bethune Day Nursery, Inc. I I I I II 9 Funding requested for the ESG Activity Component of Emergency Shelter- 282 $25,000 $18,229 Essential Services and Shelter Operations II (Total I I $424,826 I $251,306 I $0 II * All ESG funding must be matched at 100% 0 RECOMMENDED FY2013 HOME PROGRAM Y2013 HOME Allocation eprogrammed Funds rogram Income (estimate) DTAL FUNDS AVAILABLE FOR FY2013 HOME PROGRAM ATTACHMENT "D" $979,141 $120,OOC $1,899,141 HOME Administration /Technical Assistance °'',° s Administrative funds for staffing, planning, oversight, coordination, staff 1 supervision, monitoring and evaluation, contracting, record keeping /reporting 292 $97,914 $97,914 and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. Major Rehabilitation Program 2 Provide loans to low income homeowners to assist them with major 294 $250,000 $250,000 rehabilitation or demolition /reconstruction of their homes. , Homebuyer Assistance Program ($5,000) 3 Provide deferred forgivable loans to low income homebuyers to assist them 296 $50,000 $50,000 with down payment and closing costs for the purchase of a home. INTERDEPARTMENTAL TOTAL $397,914 $397,914 TG 110, Inc. - Woodland Creek Apartments (CHDO) f TG 110, Inc., is proposing the demolition and reconstruction of the Woodland Creek Apartments. This complex is comprised of 94 units (100% Section 8) serving low- income families, seniors, and individuals. The development will be financed primarily through The Texas Department of $470,000 Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds though the City of Corpus Christi. Woodland Creek will serve residents at 30 %, 50 %, and 60% of area median income. Total project cost: $15,932,416 TG 110, Inc. - Lexington Manor Apartments (CHDO) TG 110, Inc. is proposing the demolition and reconstruction of the Lexington Manor Apartments. This complex is comprised of 153 units (52 as Section 8) serving low- income families, seniors, and individuals. The development 2 will be financed primarily through The Texas Department of Housing and $765,000 Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Lexington Manor will serve residents at 30 %, 50 %, and 60% area median income. Total project cost: $21,493,268 Wesley Community Center - Wesley House 3 Wesley Community plans to renovate the former convent for residential 298 $200,000 $200,000 Housing. This grant will accommodate changes for ADA accessibility. ' CHDO Total $ 1,235,000 Subrecipients /Other Entity Total $ 200,000 $ 200,000 CCCIC Total $ 1,832,914 $ 397,914 f Total Set -Aside to be determined no later than August 1, 2013 $ 1,301,227 *HOME Subrecipient Agencies who submitted a HOME FY2013 RFP along with a Housing Tax Credit Application for funding will be awarded funding no later than August 1, 2013 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Urban Development* U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Residential to Office for Minerva V. Muro Property Address: 2529 Nemec Street CAPTION: Case No. 1212 -01 Minerva V. Muro: A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Nemec Addition, Block 2, Lot 5, located on the southwest corner of Nemec Street and Dodd Drive. PURPOSE: The purpose of this item is to rezone the property to allow office uses including, but not limited to, a commercial parking lot, medical facility, hotel, apartment, and government facility. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and the following conditions: Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single - family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of an employee parking lot for the adjacent vehicle sales and service business, All Star Mitsubishi, which fronts on South Padre Island Drive (SH 358). The subject property is bordered by single - family zoning and uses to the north, west, and east. To the south is commercial zoning and uses, which front on South Padre Island Drive (SH 358). The Comprehensive Plan discourages incompatible commercial land use encroaching into residential areas and states that a commercial use should be allowed within a residential area only if it maintains or improves the residential desirability of the neighborhood. The proposed change of zoning to the "ON" Office District would allow commercial uses to encroach into the residential neighborhood north of the All Star Mitsubishi dealership and would not increase or maintain the residential desirability of the neighborhood. The Future Land Use Plan slates the property for a medium density residential use to serve as a transitional land use between the commercial uses on South Padre Island Drive and the single - family neighborhood to the north. Approving the "ON" Office District would not protect the neighborhood's character. However, Staff finds that the proposed Special Permit with its limitations on the use of the property as an employee parking lot only and the proposed landscaping, screening, and buffering will accommodate the adjacent business's needs while protecting the neighborhood from incompatible development allowed by the "ON" Office District. The applicant is agreeable to the proposed Special Permit. ALTERNATIVES: 1. Approve the "ON" Office District; 2. Approve the "RS -6 /SP" Single - Family 6 District with a Special Permit for an employee parking lot; 3. Modify the conditions of the proposed Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the Comprehensive Plan or the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance for "RS -6 /SP" District Ordinance for "ON" District ZONING REPORT Case No.: 1212 -01 HTE No. 12- 10000039 Planning Commission Hearing Date: March 27, 2013 (Tabled from Dec. 5, Dec. 19, Jan. 16 and Feb 27) C Applicant /Owner: Minerva V. Muro `? Representative: Cliff Atnip Q- n Legal Description /Location: Nemec Addition, Block 2, Lot 5, located 0 on the southwest corner of Nemec Street and Dodd Drive. From: "RS -6" Single - Family 6 District To: "ON" Office District Area: 0.35 acres S Purpose of Request: To allow construction of a parking lot to be used by C employees of the adjacent vehicle sales and service business. N Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Low Density Medium Density co Residential Residential a) U) C u, North RS -6 Single - Family 6 Low Density Low Density •E U) Residential Residential N D "CG South -2" General Commercial Commercial � Commercial J N East "RS -6" Single - Family 6 Low Density Low Density W Residential Residential West "RS -6" Single - Family 6 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located in the Southeast Q Area Development Plan (ADP) and is planned for medium density residential uses. The proposed change of zoning to the "ON" Office District is not a o consistent with the adopted Future Land Use Map. 05 Map No.: 047038 Zoning Violations: None oTransportation and Circulation: The subject property has 88 feet of frontage N o along Nemec Street and 175 feet of frontage along Dodd Drive, which are both local residential streets. The property also has indirect access, via Dodd Drive, to South Padre Island Drive (SH 358), which is an "F1" Freeway /Expressway. Zoning Report Case # 1212 -01 Muro Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of an employee parking lot for the adjacent vehicle sales and service business to the south and fronting South Padre Island Drive (SH 358). Applicant's Development Plan: The proposed development of a parking lot would be used for employee parking for the adjacent business, All -Star Mitsubishi. Buffering and screening would be required by the Unified Development Code (UDC) to protect the adjacent residential properties from the expansion of the commercial use. The buffer yard requires a six -foot tall concrete panel wall or wood screening fence on the shared property lines with the single - family residential properties. Canopy trees planted every 30 feet on the center within a five -foot wide buffer strip located along the street right -of- way is also required. Additionally, canopy trees must be planted along the property lines on the interior of the screening wall adjacent to the existing single - family property. This would also meet the standard buffer requirements for redevelopment areas between an "ON" Office District and an "RS -6" Single - Family 6 District. Existing Land Uses & Zoning: South of the subject property is the existing All -Star Mitsubishi facility, which is zoned "CG -2" General Commercial District. North, east, and west of the subject property is a residential subdivision zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in one of the Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Map, which slates the property for a medium density residential use. The medium density residential use proposed in the Future Land Use Map serves as a transitional land use between the commercial developments on South Padre Island Drive and the single - family neighborhood to the north. This rezoning would allow the expansion of non - residential activity into an existing single - family neighborhood. The planned use for this property is an apartment complex ranging from 8 to 22 dwelling units per acre or 7 units on this 0.35 -acre site. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) � 50' ROW O Nemec " Local" Street 50' ROW 28' paved Not Street 28' paved Available a� Dodd Drive "Local" Street 50' ROW 50' ROW Not cn 28' paved 24' paved Available SH 358 "F1" 400' ROW 255' ROW 4,403 Freeway /Expressway paved varies 230' paved (2011 ADT) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of an employee parking lot for the adjacent vehicle sales and service business to the south and fronting South Padre Island Drive (SH 358). Applicant's Development Plan: The proposed development of a parking lot would be used for employee parking for the adjacent business, All -Star Mitsubishi. Buffering and screening would be required by the Unified Development Code (UDC) to protect the adjacent residential properties from the expansion of the commercial use. The buffer yard requires a six -foot tall concrete panel wall or wood screening fence on the shared property lines with the single - family residential properties. Canopy trees planted every 30 feet on the center within a five -foot wide buffer strip located along the street right -of- way is also required. Additionally, canopy trees must be planted along the property lines on the interior of the screening wall adjacent to the existing single - family property. This would also meet the standard buffer requirements for redevelopment areas between an "ON" Office District and an "RS -6" Single - Family 6 District. Existing Land Uses & Zoning: South of the subject property is the existing All -Star Mitsubishi facility, which is zoned "CG -2" General Commercial District. North, east, and west of the subject property is a residential subdivision zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in one of the Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Map, which slates the property for a medium density residential use. The medium density residential use proposed in the Future Land Use Map serves as a transitional land use between the commercial developments on South Padre Island Drive and the single - family neighborhood to the north. This rezoning would allow the expansion of non - residential activity into an existing single - family neighborhood. The planned use for this property is an apartment complex ranging from 8 to 22 dwelling units per acre or 7 units on this 0.35 -acre site. Zoning Report Case # 1212 -01 Muro Page 3 Special Permit Criteria: In determining whether to approve, approve with conditions, or deny a special permit, the applicable review bodies shall consider the following criteria: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses. 6. The use conforms in all other respects to regulations and standards in the UDC. 7. If located within or adjacent to a residential area, the physical appearance, hours of operation and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution or otherwise detrimentally affect the residential character. 8. The development provides ample off - street parking and loading facilities. Department Comments: • The Comprehensive Plan discourages incompatible commercial land uses abutting into residential areas. Whenever possible, commercial uses should not encroach into residential areas. The Comprehensive Plan states that a commercial use should be allowed within a residential area only if it maintains or improves the residential desirability of the neighborhood. This proposed zoning district and use would not improve the desirability of the neighborhood. The Future Land Use Map slates the property for a medium density residential use. By changing the zoning to commercial, the residential designation will not be fulfilled and there will be an incompatible commercial use within the residential neighborhood. City Council approved the amendment to the UDC to allow Special Permits. Staff considered the Special Permit option for this case and the applicant has provided a site plan that addresses Staff's concerns with the proposed use. Considering that a parking lot for an apartment complex might have been created on this lot should the Future Land Use Plan be implemented, Staff finds that the employee parking lot subject to screening and landscaping requirements would maintain the residential desirability of the neighborhood and that the use does not substantially adversely affect adjacent and neighboring uses. Planning Commission and Staff Recommendation (March 27, 20131 Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and the following conditions: 1. Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by Zoning Report Case # 1212 -01 Muro Page 4 right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single - family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Number of Notices Mailed — 26 within 200' notification area; 5 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Site Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1212 -01 Minerva Muro \1212 -01 Report for PC, Minerva Muro rev 3- 21- 13.docx / is i7 1 -3 g 12 21� 1SUBJEC ��� 7 N A i3 i5 PROPER \T /YL 16 is 1 20 / \\ >� 8 l �i' I RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition Site Plan for the Rezoning of 2529 Nemec Zoning Case No. 1212 -01 01-7 t f� Q Ip W, IAWL a . NAa m ( hoe D ` �n ; -y4 1 Styx IO:I:II:11r:3 Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Minerva V. Muro ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Minerva V. Muro ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 5, Block 2, Nemec Addition (the "Property "), located on the southwest corner of Nemec Street and Dodd Drive, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit (Zoning Map No. 047038), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit "B," which is a site plan pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following seven conditions: 1. Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single - family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 5, Block 2, Nemec Addition) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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. Muro RS6 to RS6 -SP vFinal 20130403 Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Muro RS6 to RS6 -SP vFinal 20130403 Page 3 of 3 EXHIBIT A Site Plan for the Rezoning of 2529 Nemec Zoning Case No. 1212 -01 01-7 t f� Q Ip W, IAWL a . NAa m ( hoe D ` �n ; -y4 1 Styx IO:I:II:11r:3 Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Minerva V. Muro ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Minerva V. Muro ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 5, Block 2, Nemec Addition (the "Property "), located on the southwest corner of Nemec Street and Dodd Drive, from the "RS -6" Single - Family 6 District to the "ON" Office District (Zoning Map No. 047038), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 5, Block 2, Nemec Addition) and that in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Muro RS6 to ON vFinal 20130402 Page 2 of 2 EXHIBIT A AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 x852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Residential to Industrial Elizabeth Anne Meaney Property Address: 8801 State Highway 44 CAPTION: Case No. 0313 -01 Elizabeth Anne Meaner: A change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, not resulting in a change in the Future Land Use Map. The property is described as being an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses plus the wholesale storage of fuels and lubricants. RECOMMENDATION: Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to the site plan and conditions; identified in the attached ordinance. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a Special Permit and rezoning to allow light industrial uses and a tank farm for the aboveground wholesale storage and distribution of lubricants and fuel, subject to the conditions identified. The wholesale storage of fuel and lubricants is classified as a Heavy Industrial use and is allowed in the "IL" District only through a Special Permit. The proposed development is directly underneath the flight path of a future planned runway at Corpus Christi International Airport (CCIA). Storing large quantities of flammable products in aboveground storage tanks is a hazardous land use for this location where aircraft approach and depart. Since 55% to 60% of operations at CCIA are military operations, consideration was given to the Navy's land use recommendation. The greatest potential for an aircraft accident is during approach and departure. The Navy would discourage aboveground fuel storage on the subject property. The Port/Airport/Violet Area Development Plan (ADP) states that the subject property should be zoned for "limited industrial" uses where certain uses that are incompatible with the airport are prohibited. The City recently created the "IC" Industrial Compatible District for properties near CCIA or Navy airfields. The "IC" District would be appropriate for the subject property. The "IC" District would not allow the proposed use of the prospective buyer, however, it would allow the current landowner to sell the property to a developer of other limited light industrial uses compatible with airport operations. The ADP states that where it is not feasible for the City to acquire property around the CCIA, the City should use its zoning authority to require development consistent with the ADP. The proposed use is not appropriate for this location because it is not consistent with City goals, it is not compatible with surrounding community facilities (CCIA), and the threat to military operations at CCIA does not benefit the community as a whole. ALTERNATIVES: 1. Approve the applicant's request of "IL /SP" Light Industrial District with a Special Permit; 2. Deny the applicant's request and, instead, approve the Staff recommendation of the "IL" Light Industrial District; 3. Modify the proposed Special Permit conditions of the "IL /SP" Light Industrial District with a Special Permit; or 4. Deny the request and leave the zoning as "RS -6" Single - Family 6 District. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is within the boundaries of the Port /Airport/Violet Area Development Plan, which slates the property for a light industrial use. The proposed use is inconsistent with the Plan. The Port /Airport/Violet Area Development Plan identifies State Highway 44 as a proposed scenic corridor. A heavy industrial use is not visually appropriate for a scenic corridor. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance for the "IL /SP" District Ordinance for the "IL" District ZONING REPORT Case No.: 0313 -01 HTE No. 13- 10000003 Planning Commission Hearing Date: March 27, 2013 Applicant /Owner: Elizabeth Anne Meaney _ .o Legal Description /Location: Being an 18.25 -acre tract of land out of an a the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas 'Q _ 0 Gallagher Abstract 988 and the James W. Ward Abstract 1031, located CL otf o on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. From: "RS -6" Single - Family 6 y To: "IL /SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants c a Area: 18.25 acres N Purpose of Request: To allow construction of an office, warehouse, mechanic shop, and a tank farm housing lubricants and fuel. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Light Industrial y ? North "RS -6" Single - Family 6 State Highway 44 State Highway 44 io C South "RS -6" Single - Family 6 Vacant Light Industrial y M J East "IL" Light Industrial Drainage Corridor Drainage Corridor X w West "RS -6" Single - Family 6 Vacant &Lo Light Industrial Density Residenw tial Area Development Plan: The subject property is located in the Port /Airport/Violet Area Development Plan (ADP) and is planned for light c industrial uses. The proposed change of zoning to the "IL /SP" Light Industrial cL District with a Special Permit would not result in a change to the adopted a c Future Land Use Map, but the proposed heavy industrial use is not consistent a with the plan. Map No.: 058043 & 057043 Zoning Violations: None L Transportation and Circulation: The subject property has approximately °a c 1,000 feet of frontage along State Highway 44, which is an "F1" Freeway /Expressway and designated scenic corridor. The property is located approximately 110 feet east of South Clarkwood Road, which is an "A3" ~ Primary Arterial Divided. Street Urban Transportation Plan Proposed Existing Traffic O Type Section Section Volume "F1„ 400' ROW 326' ROW 15,788 E SH 44 Freeway /Expressway varies 160 paved 12,589 W paved (2007) Zoning Report Case # 0313 -01 Meaney Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit to allow construction a facility for the aboveground wholesale storage and distribution of fuels and lubricants. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is a "heavy industrial" use and is allowed by Special Permit in the "IL" Light Industrial District. Development Plan: The applicant plans to construct a wholesale distribution facility for fuels and lubricants. The proposed development will include a 5,510 square -foot tank farm consisting of approximately 31 storage tanks containing fuel and lubricants with tank capacities ranging from 8,800 to 26,800 gallons. Three tanks would store fuels such as diesel and gasoline (26,800 gallons of unleaded gasoline, 26,800 gallons of off -road diesel, and 16,800 gallons of clear diesel). One tank would store methanol at 14,600 gallons. Twenty tanks would store lubricants or oil between 8,800 to 14,600 gallons, and three tanks would store water. The facility would also include a 1,800- square -foot office, 7,200- square -foot warehouse, 5,600- square -foot mechanic shop, loading and wash bays, and vehicle storage. The property will have driveway access to State Highway 44. The facility would comply with all fire safety regulations and would be located at least 500 feet away from residential uses. Existing Land Uses & Zoning: North of the subject property is State Highway 44. East of the subject property is a drainage corridor zoned "RS -6" Single - Family 6 District. West of the subject property are single - family houses zoned "RS -6" Single - Family 6 District. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. Properties on the west side South Clarkwood Road have been developed with a convenience store /truck stop, U.S. Border Patrol facility, and Baker Hughes, which is an oilfield service company. Navy Land Use Compatibility in Accident Potential Zones (APZs): Navy Air Installation Compatibility Use Zones (AICUZ) do not officially exist around the runways of Corpus Christi International Airport (CCIA). However, as part of the Naval Air Station Corpus Christi (NAS) Joint Land Use Study (JLUS), AICUZs have been proposed for CCIA runways, and the subject property is located in both the APZ -I and APZ -II. Due to the explosive characteristics of the proposed use, the Navy would discourage the proposed use at this location within an APZ. The Navy's Land Use Compatibility Recommendations Table (table), which is included in the City's UDC, identifies broad categories of land uses that are acceptable in the Clear Zones and APZs. The proposed use is specifically classified as "petroleum bulk stations and terminals — wholesale." This category falls into the broader category identified in the table of "wholesale trade," which is a compatible land use in the APZ -I and APZ -II subject to limitations on floor area ratios (FAR). The proposed use meets the FAR requirements. However, the third footnote on this table states that explosive characteristics should be considered when determining if a proposed use is appropriate within an APZ. Although this footnote was not indicated on the "wholesale trade" Zoning Report Case # 0313 -01 Meaney Page 3 category, it is reasonable to apply the same recommendation to all uses within the table. After consulting with the Navy, this footnote should apply to the "wholesale trade" use category and they will recommend that the next version of the table include the footnote that consideration is given to a land use's explosive characteristics. The Navy also commented on the fact that the table does not allow "manufacturing or petroleum refining and related industries" in a Clear Zone or APZ. As part of the NAS JLUS, the City created two new zoning districts to increase land use compatibility around the runways. Those districts are the "IC" Industrial Compatible District and the "CC" Commercial Compatible District, and both districts specifically prohibit aboveground fuel storage of any capacity. These new districts were intended for properties within an AICUZ. Corpus Christi International Airport (CCIA) Comments: The CCIA Master Plan calls for a new, parallel runway south of the existing runway. The location of the future runway has already been determined and will not change. CCIA's current operations are at approximately 100,000 flights per year. The necessary threshold for construction of the second runway is 150,000 flights per year. Today, U.S. military flights account for 55 to 60% of CCIA's operations. The Navy is currently transitioning from T -34 to larger T -6 airplanes. Currently, the Waldron landing field does not have the necessary runway length for T -6 airplanes. CCIA is the closest airport with a runway that can accommodate the T -6 aircraft. The future runway's approach path will be directly over the subject property, making the aboveground bulk storage of fuels of particular concern. Federal Aviation Administration (FAA) - Determinations of Hazards The applicant is required to request a determination of hazards from the FAA for each structure constructed on the subject property. The applicant received a "Determination of No Hazard to Air Navigation" from the FAA with regards to the height of the tallest proposed structure of 32 feet above ground level. The applicant will also have to submit a "Notice of Actual Construction" to the FAA for each structure. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning is within the boundaries of the Port /AirportNiolet ADP, which slates the property for a light industrial use. Because a Special Permit could expire, the Future Land Use Map will not be modified by this rezoning. The proposed heavy industrial use is not consistent with the Future Land Use Map. This ADP identifies State Highway 44 as a scenic corridor. Heavy industrial uses, such as a tank farm, and billboards should be prohibited along scenic corridors. Department Comments: • As a heavy industrial use, the proposed use is not a visually appropriate use for a scenic corridor (State Highway 44). • The proposed heavy industrial use is not consistent with the Future Land Use Map. The City planned for light industrial uses to be located around Corpus Christi International Airport (CCIA), and the proposed use, especially with the potential hazards aboveground fuel storage presents, in not appropriate under the flight path of the future runway. Zoning Report Case # 0313 -01 Meaney Page 4 • The proposed development is directly underneath the centerline of a proposed runway at CCIA. Storing flammable products aboveground could create explosions and thick smoke in the event of an accident, which cause hazards for pilots. The greatest potential for an aircraft accident is during approach and departure from the airfield. Therefore, the Navy would discourage aboveground petroleum storage on the subject property. • Considering the amount of military operations at CCIA, the City is especially trying to protect CCIA from the encroachment of incompatible uses. • The City recently created the "IC" Industrial Compatible zoning district for properties near CCIA or Navy airfields that are identified as being light industrial in the Future Land Use Map. Above ground fuel storage is not an allowed use in the "IC" District and should not be allowed on the subject property. • Staff would prefer to see this property rezoned to the "IC" Industrial Compatible District, but the applicant is not agreeable to the "IC" District. The applicant is, however, agreeable to the "IL" Light Industrial District if the Council decides against approving the "IL/SP" Light Industrial District with a Special Permit. • While "heavy industrial" uses could be allowed in the "IL" Light Industrial District by Special Permit, the proposed use is not appropriate for this location because it is not consistent with City goals, it is not compatible with surrounding community facilities (CCIA), and the threat to military operations at CCIA does not benefit the community as a whole. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Denial of the applicant's request for the "IL /SP" Light Industrial District with a Special Permit would leave the property zoned as the "RS -6" Single - Family 6 District, which allows single - family dwellings to be constructed on the property. Single- family dwellings are also an incompatible land use near the airport. Staff would have recommended the "IC" Industrial Compatible District for this property, but the applicant was not agreeable to the "IC" Industrial Compatible District and could withdraw their application, which would leave the property zoned "RS -6" Single - Family 6 District. The "RS -6" District is less desirable. Therefore, Staff recommends that Council approve the "IL" Light Industrial District should Council decided against approving the "IL /SP" Light Industrial District with a Special Permit. The applicant is agreeable to the "IL" Light Industrial District should Council decide to deny the "IL /SP" Light Industrial District with a Special Perm it. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit subject to the site plan and the following 11 conditions: 1. Allowed Uses: The only use allowed on the Property other than a use allowed by right in the "IL" Light Industrial District is the aboveground wholesale storage of fuel and lubricants within a total of 31 storage tanks. Zoning Report Case # 0313 -01 Meaney Page 5 2. Aboveground Storage Tanks: The Property cannot contain more than 31 aboveground storage tanks within the tank farm area indicated on the site plan. The Property cannot contain more than seven aboveground storage tanks for the storage of fuel, and the capacity of each fuel storage tank cannot exceed 26,800 gallons. Aboveground storage tanks for the storage of lubricants cannot exceed a capacity of 14,600 gallons. 3. Fire Department Approval: The aboveground storage of fuels and lubricants must meet all Fire Department requirements. 4. Storm Water Detention: The Owner shall construct and maintain all necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm, and the drainage facilities shall remain completely dry between storms. 5. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to the permitting of each structure or tank on the Property. 6. Height: Structures and improvements on the Property cannot exceed 32 feet in height above ground level. 7. Landscaping: The Owner must comply with the landscape requirements in the UDC. Additionally, no plant listed in Exhibit D may be used in meeting the landscape requirements. 8. Screening: The Owner shall plant canopy trees to effectively screen the Property and industrial facilities from view of east and westbound traffic on State Highway 44. 9. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio of 0.28 on portions of the Property in Accident Potential Zone -1 and 0.56 on portions of the Property in Accident Potential Zone -2. The Floor Area Ratio shall include the square footage of the aboveground storage tank farm. 10. Billboards: The Owner shall not construct nor allow a billboard or off - premise sign on the Property. Number of Notices Mailed — 14 within 200' notification area; 1 outside P M m . notification area .o As of March 28, 2013: 0 In Favor — 1 (inside notification area); 1 (outside notification area) .Q In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Tank Farm Layout 4. Future Runway Location 5. Future AICUZ Map 6. Plants Attractive to Wildlife List d El __ RKWOOD 7 I K 4 1h 0 400 CASE: 0313 -01 2. SITE - EXISTING ZONING, $wajectProperly Owners wart 200' buffer 0 in favor Owners within 200' fisted on Owners attached r✓ merstip Cable In opposition ASSESS FAU IL '!3 St1 ,i1 Vist A S S E S SCQ,A Prepa M. 2712o3 Byt}eremym Debam ry services 1VV I Al C AMCH 6r VYYIVCM0r71I" RM -1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUP Planned unit aev. Overlay ON Professional Office R:S -10 Single - Family 10 RM- ATMuitffamityAT RS-6 Single- Famlly6 CN -1 Neighborhood Commercial RS-4,3 Single•Famliy 4.5 CN -2 Neighborhood Commercial RS-TF Two- Family CR -1 Resort Commercial RS-15 Single- Family 15 CR: -2 Resort Commercial RE Residential Estate CG -1 General Commercial R:S-TH Townhouse CG -2 General Commercial SP Special Permit CI intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial R.MIi Manufactured Home CR -3 Resort Commercial FR Farm Rural R Historic Overlay SP Business Park $wajectProperly Owners wart 200' buffer 0 in favor Owners within 200' fisted on Owners attached r✓ merstip Cable In opposition ASSESS FAU IL '!3 St1 ,i1 Vist A S S E S SCQ,A Prepa M. 2712o3 Byt}eremym Debam ry services OTOATE: 03 -12 -13 18:45 PM GRAWING NO: 12090 PWMCALE: 1:1 xREF: 14— n:;i H- 00, "rI C r i n cd 0--j i= ncD Z _ > N n A m z n n m A m2 n IZZ�Z mfr 2 A m mamo 01.1 m. m.zzm L7 � I[HRY C7 m So ~o �1 = rF e O m w m n 1 ar �r A= in o R1 c- vl m N 1n 'O U� ryPj�pu�'!� L�HJ ppL.��NJf L�tlJ CJ + of TXDOT DRAINAGE R.C}.`'d"d. WIDTH VARIES 3,f L,LdLS OS AD zm mA AD S Z �z n' Au M 0 oom GATE: 3 -1 -201] SITE PLAN BASS & WELSH ENGFJEERoHC� sca-E: 1' =40' CJ CL E II cn x �J y i m JOB NO.: 12090 DESIGN e : NB Jr THOMAS PETROLEUM 3054 SOUTH AI-EOA STREET 78404 P.o. eox 8]97 78488 -8397 i to y NJ I cc � TELEPHONE: (381) 882 -5521 =� N ) SURVEYNG Br: AN COUP. FIIf: Nsp- SCalee FlEIO BK. N0: ,6Z ZL STATE HIGHWAY 44 SURVEYING FlRN REGISTRATION NO. 1OOO27 -oo C O R P U S C H R I S T I . T E X A S D II 2 I > I A es r D Z 0 _ va � z mN Z a> 5m Zm m a Z On Z \ n �z m m > zn m� m � A m zN ° m co M W r f D ro y n m z z J m � A Z y�y m V r l C5 Aa �z z ym I m Z Zm G a J m IA m m0 o° m nN om mm 5- rno aoa ymAn rnrn \U n > N n A m z n n m A m2 n IZZ�Z mfr 2 A m mamo 01.1 m. m.zzm L7 � I[HRY C7 m So ~o �1 = rF e O m w m n 1 ar �r A= in o R1 c- vl m N 1n 'O U� ryPj�pu�'!� L�HJ ppL.��NJf L�tlJ CJ + of TXDOT DRAINAGE R.C}.`'d"d. WIDTH VARIES 3,f L,LdLS OS AD zm mA AD S Z �z n' Au M 0 o GATE: 3 -1 -201] SITE PLAN BASS & WELSH ENGFJEERoHC� sca-E: 1' =40' CONSUEnrvG ENGINEERS AND SURVEYORS i m JOB NO.: 12090 DESIGN e : NB Jr THOMAS PETROLEUM 3054 SOUTH AI-EOA STREET 78404 P.o. eox 8]97 78488 -8397 i to y GRANN BY: WF TELEPHONE: (381) 882 -5521 2 OZ SURVEYNG Br: AN COUP. FIIf: Nsp- SCalee FlEIO BK. N0: FACSII-E: (381) 882 -1285 ENGINEERING FlRN REGISTRATION NO. F -52 STATE HIGHWAY 44 SURVEYING FlRN REGISTRATION NO. 1OOO27 -oo C O R P U S C H R I S T I . T E X A S UZ OM m J 0# iNnTO2li3d S` INOHl U (O Urn�M a ja* a OJ 419 Mg -_ a ?— - aba ad bbbbbb IN bb bab —, a— -- U ON � 22". LO 1N 3� gR C,) � " I Hill Co - w o a c Hill LL 0 i Q s g ' (0 33 C,4 § Iiii LLg ¢g S �g � Wg ii � � 1 q i i r/ W 3 q m 3 O � z J a Le Y z 0 N N V a a V V V 0 O 0 N N 0 0 0 0 0 0 N O O O f0 O O O M 0 APPENDIX 12: PLANTS ATTRACTIVE TO WILDLIFE Listings within groups; are in order of extent of use, which in some cases may be affected by availability •�. • Alder Alnus *P. Maple Acer spp. Aspen PopAus spp. Mesquite Prosopis sPP. Beech Fagusgrandifolia Mulberry lAlorus spp. Birch Betual spp. Oak Querms spp. Blackberry Rubus App. Persimmon Dio, gyros spp. Blackgum Nyssa sylvatica Pine Pinus sPP. Blueberry Vareineum spp. Poison Ivy To.xicodendron radicans Cedar Juniperus spp. Pricklypear Opuntia spp. Dogwood Corpus spp. Sagebrush Artemisia spp. Douglas fir Pseudotsuga taxifolia Saltbush Atnplex spp. Elderberry Sambums- spp. Serviceberry zlmelavchier spp. Fir Abies spp. Snowberry Symphoricarpos Gooseberry Grossulana Spruce Picea spp. Grape Vitis spP. Sumac Rhus spp. Greenbrier Smilax spp. Virginia creeper Partbenodssus spp. Hackberry Cellis spp. Wild cherry Prunus spp. Holly Ilex spp. Willow Salix spp. Manzanita Aretost h los Bluegrass Poa spp. Grama,grass Bouteloua spp. Bristlegrass Setetia spp. Knotweed Polygonum spp, Brome grass Bromus spp. Oats Avena spp. Chickweed Stellaria media Panic Grass Panicum spp. Clover Trifolium spp. Pigweed Amaranthus spp. Crabgrass Digilaria spp. Ragweed Ambrosia spp. Deervetch Lotus spp. Russian thistle .Salsola kak Doveweed Croton spp. Sedge Carex spp. Dropseed grass Spombolus spp. Sunflower Helianthus spp. Fescue Festuca spp. Tarwced Madia spp. and Hemi .Zonia spp. Filaree Eradium pp. Turkey Mullein F.remocarpus, setigerus Goosefoot Cheno odium Algae Chlorophyta Pondweed Potamogeton spp. Arrowhead Sagittwia spp. Saltgrass Disticbks spp. Bulrush Scirpus spp. Smartweed Polygonum spp. Burreed Spargamum spp. Spikerush Eleocbaris spp. Cordgrass Spartina spp. Water lily Nymphaea spp. Duckweed Lemna spp. Weidgeongrass Ruppia maritime Horned- pondweed Zannichelliapalustris Wildcelery Valksneria spirabs Muskgrass Chara spp. Wildmillet Echinochloa spp. Naiad Naas Wildrice Zi ania uatica Alfalfa Medicago sativa Grape Vith- Apple Maluspumila Oats Avenasativa Barley Hordeum vulgar, rice Oryza sativa 16 Sources: Martin, A.C., H.S., Zim, and A.L. Nelson. 1961. American wildlife and plants. Dover Publications, N.Y. 500 pp. Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 pp. State of Minnesota Airport ` Compatibility Manual Department of Transportation /Office of Aeronautics Appendix Page 1 APPENDIX 12: Plants Attractive to Wildlife Cherry Prunes ipp. Sorghum Sorgbum,vulgare Corn Zea mays j Wheat Triticum spp. — Serviccberry 4melanrbier canadensis Russian olive Eleagnus angustifoka Alleghanyserviceberry A.lanis American beech Fagusgrandifolia' Yellowbirch Betula lutea Purple beech F. sylvatica Gray birch B. populrfoka Weeping birch F. sylvatica River birch B. nigra Betchel! crabapple Malus ioensis Paper birch B. papynfera Pissard plum Prunes cerasifers Western white birch B. commutate Amur choke cherry P. maackh Flowering dogwood Corpus florida May Day tree P. padus commutate Japanese dogwood C. kousa Autumn Flowering Higan P. subhirtella cherry Comelian cherry C. mas Shubert choke cherry P. 'virg mana Pacific dogwood C. nuttak White cedar Tliuja occidentaks Cockspur thorn Crataegus crusgalli Hedge cotoneaster C. lucida Toba hawthorn "C x mordensis `Tuba" Witchhazel Hamamelis virginiana English hawthorn C. oaryacantba Oregon grape 111ahoma aguifolium Paul's scarlet hawthorn C'sp. Virginia creeper Partenodisusguinguenfolia Cutleafpeashrub " Cara gan arborescens Western sand cherry P.'tomentosa Weeping caragana " C. arborescens Flowering almond P. tiiloba Tidy c,aragana C. microphylla Alpine currant Ribes alfiinum Silverleaf dogwood Cornus alba Austrian brier rose Rosa feetida Siberian dogwood C alba Shining rose R l nitida Yellowdoc dogwood C. Alba Redleaf rose R. rubrfoka Red osier dogwood C. stolonifera Burnett rose R. rpinosirsima Yellow twig dogwood C. stolonifera Korean spice viburnum Viburnum carksii` Peking cotoneaster Cotoneaster amft foha Wayfaring tree - V.`lantana Early cotoneaster '' pressapraecox C. ad European highbush cranberry " V.'opulus Rocks ra cotoneaster C. "hon ontaks _. 17r:.Sources: Thomas, W.A, (Coordinator).; 1977. Airport grounds development and maintenance manual. Airports and Construction Services Directorate (Canada). Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding. Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 PP Airport Compatibility Manual State of Minnesota Appendix! — Page 2 Department of Transportation/Office of Aeronautics Ordinance amending the Unified Development Code ( "UDC ") upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Elizabeth Anne Meaney ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Elizabeth Anne Meaney ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031 (the "Property "), located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road, from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit (Zoning Map Nos. 058043 and 057043), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, Exhibit C, which is a site plan pertaining to the Property, and Exhibit D, which is a list of plants that can attract wildlife, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibits C and D and the following 11 conditions: 1. Allowed Uses: The only use allowed on the Property other than a use allowed by right in the "IL" Light Industrial District is the aboveground wholesale storage of fuel and lubricants within a total of 31 storage tanks. 2. Aboveground Storage Tanks: The Property cannot contain more than 31 aboveground storage tanks within the tank farm area indicated on Exhibit C. The Property cannot contain more than seven aboveground storage tanks for the storage of fuel, and the capacity of each fuel storage tank cannot exceed 26,800 gallons. Aboveground storage tanks for the storage of lubricants cannot exceed a capacity of 14,600 gallons. 3. Fire Department Approval: The aboveground storage of fuels and lubricants must meet all Fire Department requirements. 4. Storm Water Detention: The Owner shall construct and maintain all necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm, and the drainage facilities shall remain completely dry between storms. 5. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to the permitting of each structure or tank on the Property. 6. Height: Structures and improvements on the Property cannot exceed 32 feet in height above ground level. 7. Landscaping: The Owner must comply with the landscape requirements in the UDC. Additionally, no plant listed in Exhibit D may be used in meeting the landscape requirements. 8. Screening: The Owner shall plant canopy trees to effectively screen the Property and industrial facilities from view of east and westbound traffic on State Highway 44. 9. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio of 0.28 on portions of the Property in Accident Potential Zone -1 and 0.56 on portions of the Property in Accident Potential Zone -2. The Floor Area Ratio shall include the square footage of the aboveground storage tank farm. 10. Billboards: The Owner shall not construct nor allow a billboard or off - premise sign on the Property. 11. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. Page 2 of 3 SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES EXHIBIT "A" BEING An 18.25 ACRE TRACT OF LAND OUT OF THE G.H. McLEROY 40 ACRE TRACT AND BEING OUT OF SURVEY 402, THOMAS GALLAGHER ABSTRACT 988 AND THE JAMES W. WARD ABSTRACT 1031. NUECES COUNTY, TEXAS AND IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8 -INCH IRON ROD, BEING THE SOUTHEAST CORNER OF LOT 15 -A, BLOCK 1 OF THE CLARKWOOD ANNEX SUBDIVISION DEED TO SIMS OUIDA IN DOC. 39455 -1 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; SAID 5/8 -INCH IRON ROD BEING THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 01 DEGREES 01 MINUTES 46 SECONDS WEST, WITH THE EAST LINE OF SAID CLARKWOOD ANNEX SUBDIVISION, A DISTANCE OF 724.29 FEET TO A SET 5/8 -INCH IRON ROD ON THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44 AND BEING THE NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 84 DEGREES 52 MINUTES 13 SECONDS EAST, WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY 44, A DISTANCE OF 471.50 FEET TO A FOUND TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT AND BEING A CORNER OF THIS TRACT; THENCE NORTH 88 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44, A DISTANCE OF 588.54 FEET TO A SET 5/8 -INCH IRON ROD FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 01 DEGREES 07 MINUTES 13 SECONDS EAST, A DISTANCE OF 757.57 FEET TO A FOUND 5/8 -INCH IRON ROD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE SOUTH 88 DEGREES 55 MINUTES 09 SECONDS WEST, A DISTANCE OF 1060.03 FEET TO THE PLACE OF BEGINNING AND CONTAINING 18.25 ACRES OF LAND, MORE OR LESS; off' '►7 .. S. MEDONA 34 0k�881�N� Q' suaV 4/5//,.7 EXHIBIT A 0 U a: u x C6 OMD u u Ns ROB. i =v IL 77 Yl 3.21 LO. LS U� OD OD LU 3WI jovaL�M WNW 34L 34L JO NKVOOl 8 0 C14 < -U) 00 Z: > 4- C, 00 Ol bj -8 S 0 EP u 10 L) 0 6Z'$•ZL M.9i,,LQLN 0 i 0i a z V.- ..j Z 0 -Z 0 N tr dVOU -(3OOM)48i--10 0 1 ~ wqO 9,:-, z -D to MPH-, 0 �o W5 am 02 > W}00 000 nbn wz w 0 9-wh!989 .0 "M mmoo- xn 0� a. z V) .8 -V, w- ..C5 wz X00 xo� z o g w w Z x W w M, ZgWmo w .,zl-- om M� C4 0 i �(n z Mo TP�Mwm LyOq z w WIOZX - �< o< W, > 5;cr EXHIBIT B EXHIBIT C 0 � cn G-) 0 : N 1"' > 01 NJ - -r 01!-n CA Un J> NO > "i 0 0 Q0 0) 'i M -P- ..0JOAN > PI Z E Cc F Z F4 m z > -0 % z a > > Z Z A mm z > z > F M> mm z mm M. cj� > OZ z > > > mm n 0 z 8 M 0 pA aF M M, cj� (D I z A ma I Z > lz:Ez cf) > 10 00 m 0 > 0, 0 , M Tj FrI 2 zm ,z 0 0-1 7j Y M, 1. m c ---I T-- M z z z I oil ii M> Z� mm R *0 > — > >m , M> m A M. mn cm II D. z m II II Ul >* T-- LGL 3.CL,LOAS .L9 TXDOT DRAINAGE R.ONV. VVIDTH VARIES SITE PLAN BASS d, WELSH ENaoNEERNa CONSU"NG ENGINEERS MO S—RS i 09 N.: 11G9G O111IN 11 11 Jr N.1 THOMAS PETROLEUM 3— SOU. —.MA — 1-4 _ OX 6397 78466-7 ,C.. (36;) 881 -55]1 QSM" SUP—O a CO.I..— �CPHONE. (" .-12. ENGINEERING 'RN RECI N�'W.21'2�. STATE HIGHWAY 44 SUR—N. R. R.I=. CORPUS CHRISTi, I-EXAS EXHIBIT C APPENDIX 12: PLANTS ATTRACTIVE TO WILDLIFE Listings within groups; are in order of extent of use, which in some cases may be affected by availability •�. • Alder Alnus *P. Maple Acer spp. Aspen PopAus spp. Mesquite Prosopis sPP. Beech Fagusgrandifolia Mulberry lAlorus spp. Birch Betual spp. Oak Querms spp. Blackberry Rubus App. Persimmon Dio, gyros spp. Blackgum Nyssa sylvatica Pine Pinus sPP. Blueberry Vareineum spp. Poison Ivy To.xicodendron radicans Cedar Juniperus spp. Pricklypear Opuntia spp. Dogwood Corpus spp. Sagebrush Artemisia spp. Douglas fir Pseudotsuga taxifolia Saltbush Atnplex spp. Elderberry Sambums- spp. Serviceberry zlmelavchier spp. Fir Abies spp. Snowberry Symphoricarpos Gooseberry Grossulana Spruce Picea spp. Grape Vitis spP. Sumac Rhus spp. Greenbrier Smilax spp. Virginia creeper Partbenodssus spp. Hackberry Cellis spp. Wild cherry Prunus spp. Holly Ilex spp. Willow Salix spp. Manzanita Aretost h los Bluegrass Poa spp. Grama,grass Bouteloua spp. Bristlegrass Setetia spp. Knotweed Polygonum spp, Brome grass Bromus spp. Oats Avena spp. Chickweed Stellaria media Panic Grass Panicum spp. Clover Trifolium spp. Pigweed Amaranthus spp. Crabgrass Digilaria spp. Ragweed Ambrosia spp. Deervetch Lotus spp. Russian thistle .Salsola kak Doveweed Croton spp. Sedge Carex spp. Dropseed grass Spombolus spp. Sunflower Helianthus spp. Fescue Festuca spp. Tarwced Madia spp. and Hemi .Zonia spp. Filaree Eradium pp. Turkey Mullein F.remocarpus, setigerus Goosefoot Cheno odium Algae Chlorophyta Pondweed Potamogeton spp. Arrowhead Sagittwia spp. Saltgrass Disticbks spp. Bulrush Scirpus spp. Smartweed Polygonum spp. Burreed Spargamum spp. Spikerush Eleocbaris spp. Cordgrass Spartina spp. Water lily Nymphaea spp. Duckweed Lemna spp. Weidgeongrass Ruppia maritime Horned- pondweed Zannichelliapalustris Wildcelery Valksneria spirabs Muskgrass Chara spp. Wildmillet Echinochloa spp. Naiad Naas Wildrice Zi ania uatica Alfalfa Medicago sativa Grape Vith- Apple Maluspumila Oats Avenasativa Barley Hordeum vulgar, rice Oryza sativa 16 Sources: Martin, A.C., H.S., Zim, and A.L. Nelson. 1961. American wildlife and plants. Dover Publications, N.Y. 500 pp. Lefebvre, p.W., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding Section of Bird Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 pp. State of Minnesota Airport ` Compatibility Manual Department of Transportation /Office of Aeronautics Appendix Page 1 EXHIBIT D M Cherry Corn NX 12: %ttractive to Wildlife rvicebe I c,..., 1— Sorg!?um.vulgare Triticum spp. Gray birch B. populrfoka River birch B. nigra Paper birch B. papynfera Western white birch B. commutate Flowering dogwood Corpus florida Japanese dogwood C. kousa Cornelian cherry C. mas Pacific dogwood C. nuttak Cockspur thorn Crataegus crusgalli Toba hawthorn "C x mordensis `Toba" English hawthorn C. oxyacantha Paul's scarlet hawthorn C'sp. Cutleafpeashrub Cara gan arborescens Weeping caragana " C. arborescens Tidy c,aragana C. microphylla Silverleaf dogwood Cornus alba Siberian dogwood C alba Yellowdoe dogwood C. Alba Red osier dogwood C. stolonifera Yellow twig dogwood C. stolonifera usstan olive = Eleagnus angustifolza merican beech Fagusgrandifolia' xrple beech F. sylvatica 'eeping birch F. sylvatica etchel crabapple Malus ioensis .ssard plum Prunes cerasors mur choke cherry P. maackh .ay Day tree P. padus commutate utumn Flowering Higan P. subhirtella ferry iubert choke cherry P. vfrg mana 'bite cedar Tbuja ocddentaks edge cotoneaster C. luada 'itchhazel Hamamelis virginiana 'regon grape Nlabonia aguifolium irginia creeper Partenocissusguinguenfolia 7estern sand cherry P.`tomentosa lowering almond P. triloba 1pine currant 'gibes alfiinum ustrian brier rose Rosa foetida lining rose R l nitida edleaf rose R. rubnfoka nmatt meP R rhi- nnrdrrdzvrn Peking cotoneaster Cotoneasteracufifoha Wayfaring tree' V. lantan, Early cotoneaster C. ad pressapraecox European highbush cranberry " V.'opulus Rocks ra cotoneaster C.'hon ontaks a homas, W.A, (Coordinator). 1977. Airport grounds development and maintenance manual. Airports and Construction ctorate (Canada). V., and D.F. Mott. 1987. Reducing bird /aircraft hazards through control of bird nesting, roosting, perching, and feeding. rd Control, Denver Wildl. Res. Ctr. , ADC /APHIS /USDA, Denver, CO., Bird Damage Res. Rept. 390. 91 Pp ipatibility Manual State of Minnesota Page 2 Department of Transportation/Office of Aeronautics EXHIBIT D Ordinance amending the Unified Development Code ( "UDC ") upon application by Elizabeth Anne Meaney ( "Owner "), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Elizabeth Anne Meaney ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Elizabeth Anne Meaney ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031 (the "Property "), located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District (Zoning Map Nos. 058043 & 057043), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor MeaneyEA RS6 to IL vFinal 20130405 Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES EXHIBIT "A" BEING An 18.25 ACRE TRACT OF LAND OUT OF THE G.H. McLEROY 40 ACRE TRACT AND BEING OUT OF SURVEY 402, THOMAS GALLAGHER ABSTRACT 988 AND THE JAMES W. WARD ABSTRACT 1031. NUECES COUNTY, TEXAS AND IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8 -INCH IRON ROD, BEING THE SOUTHEAST CORNER OF LOT 15 -A, BLOCK 1 OF THE CLARKWOOD ANNEX SUBDIVISION DEED TO SIMS OUIDA IN DOC. 39455 -1 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; SAID 5/8 -INCH IRON ROD BEING THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 01 DEGREES 01 MINUTES 46 SECONDS WEST, WITH THE EAST LINE OF SAID CLARKWOOD ANNEX SUBDIVISION, A DISTANCE OF 724.29 FEET TO A SET 5/8 -INCH IRON ROD ON THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44 AND BEING THE NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 84 DEGREES 52 MINUTES 13 SECONDS EAST, WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY 44, A DISTANCE OF 471.50 FEET TO A FOUND TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT AND BEING A CORNER OF THIS TRACT; THENCE NORTH 88 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44, A DISTANCE OF 588.54 FEET TO A SET 5/8 -INCH IRON ROD FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 01 DEGREES 07 MINUTES 13 SECONDS EAST, A DISTANCE OF 757.57 FEET TO A FOUND 5/8 -INCH IRON ROD FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE SOUTH 88 DEGREES 55 MINUTES 09 SECONDS WEST, A DISTANCE OF 1060.03 FEET TO THE PLACE OF BEGINNING AND CONTAINING 18.25 ACRES OF LAND, MORE OR LESS; off' '►7 .. S. MEDONA 34 0k�881�N� Q' suaV 4/5//,.7 EXHIBIT A 0 U a: u x C6 OMD u u Ns ROB. i =v IL 77 Yl 3.21 LO. LS U� OD OD LU 3WI jovaL�M WNW 34L 34L JO NKVOOl 8 0 C14 < -U) 00 Z: > 4- C, 00 Ol bj -8 S 0 EP u 10 L) 0 6Z'$•ZL M.9i,,LQLN 0 i 0i a z V.- ..j Z 0 -Z 0 N tr dVOU -(3OOM)48i--10 0 1 ~ wqO 9,:-, z -D to MPH-, 0 �o W5 am 02 > W}00 000 nbn wz w 0 9-wh!989 .0 "M mmoo- xn 0� a. z V) .8 -V, w- ..C5 wz X00 xo� z o g w w Z x W w M, ZgWmo w .,zl-- om M� C4 0 i �(n z Mo TP�Mwm LyOq z w WIOZX - �< o< W, > 5;cr EXHIBIT B U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 2852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Residential to Commercial for Hernando Ariza Soto Property Address: 12337 Leopard Street CAPTION: Case No. 0313 -03 Hernando Ariza Soto: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from low density residential to commercial. The property is described as being a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. PURPOSE: The purpose of this item is to rezone the property to allow general commercial uses and apartments. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of an auto sales dealership with a sales office on a 1.8 -acre site fronting Leopard Street. The area being rezoned is the rear 0.48 -acres of the 1.8 -acre site. The majority of the property is already zoned "CG -2" General Commercial. Currently, the "CG -2" District extends along Leopard Street to the east and west. Although this rezoning is not consistent with the adopted Future Land Use Map, it is a reasonable expansion of the "CG -2" General Commercial District to the north and along Leopard Street. A buffer yard will be required to protect the single - family use to the south from the commercial use. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Grant a Special Permit subject to conditions in lieu of granting the requested zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance Q cu a) L a) rC L b", ZONING REPORT Case No.: 0313 -03 HTE No. 13- 10000007 Planning Commission Hearing Date: March 27, 2013 Applicant: Hernando Ariza Soto _ .o Owner: 9292 Enterprises, LLC a� a Legal Description /Location: Being a 0.482 -acre tract of land out of a 'Q _ �0 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, c otf o located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. From: "RS -6" Single - Family 6 a� n To: "CG -2" General Commercial District •F n Area: 0.482 acres Q Purpose of Request: To allow the construction of an auto sales dealership N° with a sales office. Existing Zoning Existing Land Use Future Land Use District M Site "RS -6" Single - Family 6 Vacant Low Density CM Residential .F ? North "CG -2" General Vacant Commercial Commercial N c South "RS -6" Single - Family 6 Estate Residential Low Density J Residential East "RS -6" Single - Family 6 Low Density Low Density W Residential Residential West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Northwest c Area Development Plan (ADP) and is planned for a commercial use. The cL proposed change of zoning to the "CG -2" General Commercial District is not a c consistent with the adopted Future Land Use Plan. o Map No.: 064051 & 064050 a Zoning Violations: None Transportation and Circulation: The subject property along with the major °a c part of the development will have approximately 218 feet of frontage along }, Leopard Street, which is an "A2" Secondary Arterial Street. The property is located approximately 265 feet south of Leopard Street and approximately ~ 300 feet west of Rehfeld Road. Urban Proposed Existing Traffic O Street Transportation Section Section Volume Plan Type (2011) Q Leopard "A2" Secondary 100' ROW 110' ROW Not in Street Arterial varies paved 65' paved Available Zoning Report Case # 0313 -03 Hernando Ariza Soto Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District to allow the construction of an auto dealership with a sales office. The area of this request in this rezoning is the back 0.482 acres of the 1.804 -acre tract that will be developed as a car sales lot. Development Plan: The applicant plans to use the property to expand a planned auto dealership. The development will consist of a sales office of approximately 2,400 square feet and a parking lot. The car lot will be capable of displaying 150 vehicles with up to 20 parking spaces for customers and employees. The hours of operation will be from Monday through Saturday 9:00 A.M. to 8:00 P.M. The property will have access to Leopard Street, which is an "A2" Secondary Arterial and one commercial driveway will be allowed. The development will be on a fast pace schedule and will require the hiring of 20 employees to fulfill sales and administrative duties. Parking lots require paving and other site requirements, such as landscaping, curbs and screening. A buffer yard will be required between the commercial district and single family district to the south. Existing Land Uses & Zoning: To the north is vacant property planned for an auto dealership and zoned "CG -2" General Commercial. A Regional Transit Authority (RTA) Park and Ride facility is located across Leopard Street. East of the subject property is a metal building contractor storage facility owned by Dickson Builders and zoned "CG -2" General Commercial. West of the subject property in a "CG -2" General Commercial District is a recently constructed preschool named "Leap 4 Learning." To the south of the subject property is a South of the subject property is a single - family house on over one acre in a "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zone (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which designates the property for a low density residential use. The Comprehensive Plan for the Northwest ADP encourages nodal commercial development at the intersections of arterials and along the Interstate 37 scenic corridor. Department Comments: • Although this rezoning is not consistent with the adopted Future Land Use Map, it is a reasonable expansion of the "CG -2" General Commercial District to the north and along Leopard Street. • Commercial uses at this location will not adversely affect the surrounding area. • The Unified Development Code (UDC) requires a buffer yard between commercial and single - family districts; therefore, many design features will be implemented to reduce negative impacts of a commercial development. Zoning Report Case # 0313 -03 Hernando Ariza Soto Page 3 Planning Commission and Staff Recommendation (March 27, 20131 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial. Number of Notices Mailed — 12 within 200' notification area; c 2 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0313 -03 Hernando Soto \Memo folder \0313 -03 Report for Council, Hernando Soto 4- 9- 13.docx ARIAS GRAN c M N c N SUBJECT N PROPERlh N 1 GRIFFIN R BL U BONNET RS -6 FR GRI FIN W R BLUEBONNET Z aRI GRANT 3 0 CG-2 / RS-6 8 6 f6 0 C h 0 400 CASE: 0313 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHI RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 4 FALLMS RIVER -SIDE S Q Eg. D REHFELQD ADD' U M Date Created., Prepared By of Develoornen ff I Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision (the "Property "), located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District (Zoning Map Nos. 064050 & 064051), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor 9292 Enterprises SotoHA RS6 to CG2 vFina12 Page 2 of 2 1 1 WNW URBAN ENGINEERING 0.482 Acres State of Texas County of Nueces Fieldnotes or a 0.482 acre tract of land (not based on an on -the- ground survey) out of a 1.804 acre tract of land, out of Tract 12, Fallin's Riverside Subdivision, a reap of which is recorded in Volume 4, Page 60, Map Records of Nueces County, Texas; said 1.804 acre tract of land . described in. Warranty Deed recorded in Document No, 2012049469, Official Public Records of Nueces County; Texas; said 0.482 acre tract of land being more fully described by metes and bounds as follows: Commencing at the northeast corner of Lot 19, Block 1, Farias Grant Subdivision, a map of which is recorded in Volume 34, Page 25, Map Records of Nueces County,. Texas, same being the northwest corner.of said 1.804 acre tract of laud and being on the south boundary of Leopard Street, a public roadway; Thence, South 36'44'05" West, along the common boundary of said Lot 19, Block 1 and said 1.804 acre tract, at 254.50. feet pass the southeast: corner of said Lot 19, in all a total distance of 259.73 feet to. the Point of Beginning and northwest corner of this tract; Thence, South 5504'59" East, along the northeast boundary of this tract, a distance of 219.67 feet to a point on the west boundary of a 0.14 acre tract of land out of Tract 12, Fallin's Riverside Subdivision, a map of which is recorded in Volume 4, Page 60, Map Records of Nueces County, Texas; Thence, South 36 120'41" West, along the. west boundary of said 0.14 acre tract of land, a distance of 2.73 feet for the common corner of said 0.14 acre tract of land with Lot 1, Block 12, Fallin's Riverside Subdivision, a map of which is recorded in Volume 47, Page 204, Map. Records of Nueces County, Texas and a 0,7029 acre tract of land out of said Tract 12, Fallin's Riverside Subdivision; Thence, South 48 °07'38" West, a distance of 99.91 feet to a point on the northeast boundary of a 1.68 acre tract of land out of said Tract 1.2, Fallin's Riverside Subdivision, for the southwest corner of said 0.7029 acre tract, same being the southeast corner of this tract; Thence, North 55°'04'59" West, along the common boundary of said 1.804 acre tract and said 1.68 acre tract, a distance of 199.94 feet to a point on the cast boundary of a 4.4779 acre tract of land out of Tract 23; Gregorio Farias Grant, Abstract 592, for the southwest coiner of this tract; i\ Urbanfs024) ata1 Sarveying 142755\0000\1T14275S0000.due Page I oft (361)854 -3101 2725 SWANTNER DR. • CORPUS CHPISTI,TEXA8 78404 FAX (361)854 -6001 www urbonengcom TBPE Firm #145 EXHIBIT A 7 Thence, North 36144'05" East, along the. common boundary of said 4.4779 acre tract and said 1.804 acre tract, same being along the northwest boundary of this tract, a distance of 100:05 feet to the Point of Beginning and containing 0,482 acres. of land. Bearings are based on description of 1.804 acre tract of land described in Warranty Deed recorded in Document No. 2012049409, Official Public Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original forin, surveyor assumes no responsibility for its accuracy. 11Urbanfs02NData\Surveying142 7 5 510 00 0\FN427550000,dne Urban Engineering 000 .0" WA By Ilan L. Urban, R.P.L.S. License No. 4710 Page 2 of 2 EXHIBIT A ca, o 0 /gyp Q. // S \ / r�'p t. 0. �0 0 4 ok 0.482 Acres 'Y (0;-* ° if �a °. T' .8 4 4 0,' X10 s� j Sketch to Accorrrpany RELONOTES for o a482 acre tract of land (not basest on an on—the -ground survey) out of a 1.804 acre tract of land, out of Tract 12, Follln's Riverside SubdMsfon, a map of which is recorded in Volume 4, Page 60, Map Records of Nuaces County, Texas; sold 1.804 acre tmct of land descn'bed In Warranty !lead recorded In Document No. 2012049489, Official Public Records of Nueces County %xas. 0100 d r r 8 f W °8 1,804 Acres out of Tract 12, Fallin's Riverside Subdivision Vol. 4, Pg. 60, Map Records of Nueces County, Texas (Warranty Deed dated 12/19/2012 Doc. No. 2012049469, ORR,N.C.T.) ® o IV C? o' ON *20 '41 V e 2.73' 0.7028 Acres out of Tmat 12, Alu'llin's Riverside Subdivisio Vol. 4. Pg. 60, Map Records of Nuec ®s. County, Texas (Owner: Robert H. Wing, et Ux) 90 60 30 0 6 120 UABA. ENGINEERING CORPUS CHRISTI, TEXAS EXHIBIT B DATE: Feb. t 9 2013 SCALE: 1 -80� Joe NO.: 42755.00.00 SHEET: f of 2 DRAWN BY: XG C2012 by Urban Engineering AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 x852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Commercial to Residential for George Shaheen Property Address: 7953 South Staples Street CAPTION: Case No. 0313 -04 George Shaheen: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property is described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property to allow single - family residential uses on 4,500- square foot lots. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single - family subdivision. Although inconsistent with the Future Land Use Plan, a residential use is suitable for this location along Oso Parkway. The property is in an area that is substantially residential and this change to low density residential use would be compatible. The abutting tract of land at the very corner of South Staples Street and Oso Parkway will remain developable for commercial. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approve a Special Permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is within the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0313 -04 HTE No. 13- 10000008 Planning Commission Hearing Date: March 27, 2013 Applicant: George Shaheen _ .o Owner: FM 2444 & Oso, LP a� a Legal Description /Location: Being a 3.136 -acre tract of land out of 'Q_ =0 Lot 1B, Block 1, King's Crossing West Unit 1, located along the north CL otf o side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). y From: "CN -1" Neighborhood Commercial District c Q To: "RS -4.5" Single - Family 4.5 District F a Area. 3.14 acres N Purpose of Request: To allow development of a single - family subdivision. Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Vacant Commercial Commercial Q North "RS -6" Single - Family 6 Low Density Low Density .E ? Residential Residential i° South "RS -6" Single-Family 6 Conservation/ Park &Commercial Preservation n East "CN -1" Neighborhood Vacant Commercial Commercial w West "CN -1" Neighborhood Medium Density Commercial Commercial Residential Area Development Plan: The subject property is located in the Southside c Area Development Plan (ADP) and is planned for commercial uses. The cL proposed change of zoning to the "RS -4.5" Single - Family 4.5 District is not a 6 consistent with the adopted Future Land Use Plan. o a Map No.: 045031 Zoning Violations: None c Transportation and Circulation: The subject property has approximately 260 CL c feet of frontage along Oso Parkway, which is a "P1" Parkway Collector street. M The property has indirect access to South Staples Street (FM 2444), which is an "A3" Primary Arterial Divided street. Street Urban Transportation Plan Proposed Existing Traffic O Type Section Section Volume d Q Oso "P1" Parkway 80' ROW 80' ROW Not in Parkway Collector 40' paved 40' paved Available Zoning Report Case # 0313 -04 George Shaheen Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision consisting of 19 -21 lots. Development Plan: The owner plans to rezone the property to allow development of a single - family subdivision. The future subdivision is planned to have access to Oso Parkway via an access controlled gate. The number of stacking spaces that will be required for the entrance gate will be determined by the Technical Review Committee. A private street will be constructed for access to the subdivision. The private street will have 28 feet of paved width and a 4 -foot sidewalk totaling 32 feet of right -of -way. The street will consist of a hammerhead cul -de -sac with proper turning radiuses for emergency vehicles. A brick screening wall, consistent with the property to the west, will extend along the eastern end of the subject property. Landscaping will be provided along the frontage of Oso Parkway in a 5 -foot private landscaping easement. Existing Land Uses & Zoning: North of the subject property is a single - family subdivision zoned "RS -6" Single - Family 6 District. West of the subject property is a townhouse development zoned "CN -1" Neighborhood Commercial District. East of the subject property is vacant land zoned "CN -1" Neighborhood Commercial District. South of the subject property is vacant land owned by the City of Corpus Christi that is zoned "CN -1" Neighborhood Commercial District and "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. Department Comments: • Although inconsistent with the Future Land Use Plan, a residential use is suitable for this location along Oso Parkway. Currently, the property is in an area that is substantially residential and a low density residential use would not negatively affect the surrounding properties. • A rezoning to the "RS -4.5" Single - Family 4.5 District will limit commercial intrusion into the surrounding residential area. The "CN -1" Neighborhood Commercial District will remain along South Staples Street (FM 2444). A commercial use is more appropriate when there is direct access to an arterial type street and traffic does not traverse through residential areas. • The development is planned to have a controlled access gate and a brick screening wall that will be consistent with the appearance of the multifamily development to the west. • Landscaping will be provided along the frontage of Oso Parkway in a 5 -foot private landscaping easement, which will maintain an aesthetically pleasing view along the Oso Parkway frontage. Zoning Report Case # 0313 -04 George Shaheen Page 3 Planning Commission and Staff Recommendation (March 27, 20131 Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. Number of Notices Mailed — 39 within 200' notification area; 5 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Subdivision K: \DevelopmentSvcs \S HARE D\ZONING CASES \2013 \0313 -04 George Shaheen \Council Docs \0313 -04 Report for CC,George Shaheen.docx MOWA ,771 3. 31 0 400 CASE: 0313-04 2. SITE - EXISTING ZONING, ragirl 157111:1M RM-1 Multifamily tL Light Industrial RM-2 Multifamlly 2 IH Heavy industrial RM-3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS-10 Single - Family 10 RM•AT Mulfifarrilly AT RS-6 SIngle-Family 6 CN-1 Neighborhood Commercial R84.5 Single - Family 4,5 CN-2 Neighborhood Commorclal RS-TF Two•Family CR-1 Resort Commercial RS-15 SIngle-Famlly 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive commercial RV Recreational Vehicle Park CED Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park FE-11Subject Property owners with 200'bufler 0 ift � Vor 4 Ownet l'll"", 200'0S d on V ."heaownem"p rap's � en OPP040on AF AF 0 SIS I N 1; U7'1'!T 11 4$' F.M-A3-11 e Qo Sbfi�ECT PR6PERTY N City of Corpus ILOCATION :M�APF] Christi - KING'S CROSSING VEST UNIT 1 A REPLAT NO. 1, BILK 1, LOT IA, V. 62. P. 161. M. R. 1 G m d 9 ^Ito pl — — — — — — — — y N28 °56' 526.06 — — ' - - -- --- --- - — - - - -- 7. 5'UE - - - -Jm p 60. 03'— 401 53. 98' 53_98' ]. 5' UE 59, 00' 32. 00' l3]. l3' l° � 's °oI C, I- 32TG ° ' N Z ° `a,r ±per N s��A m om lI 'SA ° SAS j� 0 S2B•56'00'V 105.10' - ol�� O ° - 20'YR °II - 5_PRIVATE UE - O 50.10' 53.98' x 10' PR[ AT UE n x 53.98' 49.00' - 369.00' O P 5'PR ISV`ATE UE n z N28656'00'E 00' E 405. 00'- N - - - �'- °• ° I WILLOW BEND DR. P, O o O N28'S6'00'E 369.00' A tO' N28'56'00'E 369.00' <PRI VATE, LOT 20, 20,853 SFI O ri 5398 99.00' o I r 'V f_50 - - -- — U— - - - — S28'56'00 105.05' O 20' YR a F I rim o 0 N N N M �A P^ _ A `A /• `Pr n .n v ° = N28'56'00s '`E L15, 13' I° _ - L N c - 0w 4, 0 m m g3 (A n etiI _ L1 — w C� �1 M. 53. S1' _ 3_ .0Z 3200' 5e U5 p S28'S6'00'V 51941 ] 5uE _- - 137. Z z , loo o wT m F G _ m Ati F Y n y o = � n cR'n pm„ pm Vl O \ •- z -0 m N A 9� ZZ a rn� z cZ a Ln mmm me 00 E D Z \ m00 $� O O �n A 0 N� 0 Aim '� �� 1 � I I o- n °9C �v imN I N r 20'YR /UE ° S28° 56' 00" W S32° 22'0 1, W 100. 00' S28° 56' 00" W 262.77' 100. z X X X CL S. STAPLES ST.� c A G m d 9 o 1 D D Ordinance amending the Unified Development Code ( "UDC ") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1 (the "Property "), located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444), from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District (Zoning Map No. 045031), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor FM2444 & Oso LP ShaheenG CN1 to RS4.5 vFinal Page 2 of 2 MURRAY BASS, 7R., P.E.,R.P.L.S. NIKON M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F -52 Surveying Firm Reg. No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 RS 4.5 Zoning Tract STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, zip 78404 361 882 - 5521- FAX 361 882 -1265 e -mail. murrayjr @aol.com e -mail: nixmw @aol.com February 20, 2013 12085 - Zoning M &B.doc Description of a 3.136 acre tract of land, more or less, a portion of King's Crossing West Unit 1, Replat No. 1, Block 1, Lot 1B, a map of which is recorded in Volume 62, Page 161, Map Records, Nueces County, Texas, said 3.136 acre tract of land for re- zoning as further described by metes and bounds as follows: BEGINNING at a point in the northeast right -of -way line of Oso Parkway at the westernmost corner of said Lot 113 and of the tract herein described; THENCE N28 056'00 "E 526.06 along the northwest boundary line of said Lot 113 to a point in the south boundary line of King's Court Subdivision Unit 1, Block 1, a map of which is recorded in Volume 55, Pages 181 & 182, said map records, for the northernmost corner of the tract herein described and of said Lot 113; THENCE S6100T17E 260.00' along a southwest boundary line of said King's Court Subdivision Unit 1, Block 1, to a point for the easternmost corner of the tract herein described; THENCE S28 056'00 "W 519.41' to a point in said northeast right -of -way line of Oso Parkway for the southernmost corner of the tract herein described in a circular curve to the right having a radius of 425.35', a central angle 10 °06'04 ", a tangent length of 37.59' and a chord bearing N66'07'03 "W a distance of 74.89'; THENCE along the arc of said circular curve to the right a distance of 74.99' to the point of tangency; THENCE N61 004'00 "W 164.10' along said northeast right -of -way line of Oso Parkway to the point of curvature of a circular curve to right having a radius of 3,224.90', a central angle of 0 °22'42 ", a tangent length of 10.65' and a chord bearing N60'52'31 "W a distance of 21.30% THENCE along the arc of said circular curve to the right a distance of 21.30' to the POINT OF BEGINNING, a sketch showing said 3.136 acre RS 4.5 Zoning Tract being attached hereto as Exhibit "B ". ); Iffflf �lfff •� � ffff ffAfw flff 2211 tom O` {ixon M. Welsh, R.P.L.S. EXHIBIT "A" Page IofI iO:A:ii:11r_I J=� � V ti Oy ti?Q• < 2�'� a• b - I =O.22' 42'\ R =3224, 90' T =10. 65' L =21. 30' CB =N60' 52' 31' W CH =21. 30' EXHIBIT B ,ell Sco� off- 18t dt GNlT c' Al RS 4. 5 ZONING TRACT, 3. 136 AC. KING'SOSSING WEST UNIT 1 REPLAY jM. 1, BLK 1, LOT 1B, V./62, P. 161, M. R. a• EXHIBIT "B" Q° SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION �I =10 06 04 Q R= 425.35' T =37, 59' y / L =74, 99' CB= N66.07' 03' W CH =74. 89' 0 50' 100' 200, SCALE= 1''= 100' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB- ZONING, JOB NO. 12085, SCALE: 1 " = 100' PLOT SCALE: SAME, PLOT DATE: 2/20/13, SHEET 1 OF 1 U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 2852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Manufactured Home to Residential for The Lakes at King Estates, Inc. Property Address: 1937 Division Road CAPTION: Case No. 0313 -05 The Lakes at King Estates, Inc.: A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change of future land use. The property is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. PURPOSE: The purpose of this item is to rezone the property to allow development of a single - family subdivision with a minimum lot size of 4,500 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single - family subdivision consisting of approximately 96 lots with a minimum lot size of 4,500 square feet. The proposed rezoning is consistent with the Future Land Use Map, which slates the property for a park and low density residential use. The development will be an extension of the Shoreline Oaks subdivision to the east and will have access to the future Holly Road extension. The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a park and low density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0313 -05 HTE No. 13- 10000009 Planning Commission Hearing Date: March 27, 2013 Applicant /Owner: The Lakes at King Estates, Inc. Representative: Urban Engineering CM a Legal Description /Location: Being a 24.93 -acre tract of land out of •— Q •a CL Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette o Drive and south of the Holly Road extension. �., From: "RMH" Manufactured Home District Q To: "RS -4.5" Single - Family 4.5 District .E Cr Area. 24.93 acres N° Purpose of Request: To allow development of a single - family subdivision. Existing Zoning District Existing Land Use Future Land Use Site "RMH" Manufactured Vacant & Conservation/ Low Density Home Preservation Residential & Park (D North "RS -TF" Two - Family Vacant Low Density .E ? Residential & Park N South "RS -6" Single - Family 6 Agricultural /Rural Low Density c Residential n "RS -4.5" Single - Family Low Density Low Density • East 4 5 Residential & Residential W Vacant West Cayo Del Oso Cayo Del Oso Cayo Del Oso Area Development Plan: The subject property is located in the Flour Bluff c Area Development Plan (ADP) and is planned for low density residential and cL park uses. The proposed change of zoning to the "RS -4.5" Single - Family 4.5 a c District is consistent with the adopted Future Land Use Plan. a Map No.: 037031, 038031 Zoning Violations: None Transportation and Circulation: The subject property will have future roads 0 that connect to the Shoreline Oaks Subdivision. Currently, Antoinette Drive, which is a local residential street, is the only access road that connects to the 0 subject property. Sea Oak Drive, Purdue Drive, and future Holly Road will CL provide the subdivision access to Flour Bluff Drive, which is an "Al" Minor Arterial Undivided street. Holly Road is a proposed "A2" Secondary Arterial c� Divided street, and Purdue Road is a proposed "Cl" Minor Residential Collector street. Zoning Report Case # 0313 -05 The Lakes at King Estates Page 2 § Urban Proposed Existing Traffic O Street Transportation Plan Section Section Volume Type Q Antoinette 50' ROW 50' ROW Not Dr. Local Residential 28' paved 28' paved Available Cn Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision. The proposed single - family development will be an extension of the Shoreline Oaks Subdivision located at the east end of the property. The owner is proposing an additional 96 lots to be built in multiple phases. Existing Land Uses & Zoning: North of the subject property is vacant land zoned "RS -TF" Two - Family District. South of the subject property is a single - family residence zoned "RS -6" Single - Family 6 District. East of the subject property is the Shoreline Oaks Subdivision zoned "RS -4.5" Single - Family 4.5 District. West of the subject property is the Cayo Del Oso zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential and park use. Department Comments: • The proposed development is an expansion of the Shoreline Oaks Subdivision and is consistent with the Future Land Use Map. A single - family neighborhood is an appropriate use for this undeveloped tract of land. • The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (March 27, 20131 Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. Zoning Report Case # 0313 -05 The Lakes at King Estates Page 3 Number of Notices Mailed — 10 within 200' notification area; 1 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0313 -05 The Lakes at King Estates, Inc \Council Docs \0313 -05 Report for CC, The Lakes at King Estates, Inc.docx Ordinance amending the Unified Development Code ( "UDC ") upon application by The Lakes at King Estates, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Lakes at King Estates, Inc. ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Lakes at King Estates, Inc. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District (Zoning Map Nos. 037031, 038031), as shown in Exhibits "A" and "B." Exhibit 'A" which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor 20 Lakes at King Estates Inc RMH to RS4 5 vFinal 20130327 Page 2 of 2 URBAN Job No. 2380$.B2.00 ENGINEERING February 21, 2013 State of Texas County of Nueces FIELDNOTES for a 24.93 acre tract of land (not based on an on- the - ground survey) out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 24.93 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at a point on the northeast boundary of Lot 13, Section 40, said Flour Bluff and Encinal Farm and Garden Tracts, same being the southwest boundary of said Lot 7, for the south corner of this tract, from which point the west corner of Lot 8, Block 3, Shoreline Oaks Subdivision Unit 1, a map of which is recorded in Volume 64, Pages 255 and 256, Map Records of Nueces County, Texas, bears South 61'27'50" East, a distance of 4.35 feet; THENCE, North 6I °27'50" West, along the northeast boundary of said Lots 12 and 13, Section 40, said Flour Bluff and Encinal Farm and Garden Tracts, same being the southwest boundary of said Lots 7 and 8, a distance of 595.65 feet for the most southerly corner of this tract and for the POINT OF BEGINNING; THENCE, North 61 °27'50" West, along the northeast boundary of Lots 11 and 12, said Section 40, same being the southwest boundary of Lots 8 and 9, said Section 40, and of this tract, a distance of 644.97 feet, to a point, and for a comer of this tract; THENCE, along the southwest boundary of this tract, as follows: North 20 °31'53" East, 550.02 feet; North 15 °47'52" East, 79.97 feet; North 11 °42'56" West, 80.04 feet; North: 46039'12" West, 232.81 feet; North 37 °59'05" West, 26.77 feet; North 16 °39'51" West, 333.91 feet; THENCE, North 25 °08'20" East, a distance of 331.51 feet, to a point on the southwest boundary of Lot 1, said Section 40, same being the northeast boundary of Lot 9, said Section 40, for the most northerly corner of this tract; THENCE, South 61 '27'50" East, along the southwest boundary of Lots 1, 2 and 3, said Section 40, same being the northeast boundary of said Lots 8 and 9 and of this tract, a distance of 1096.79 feet for most easterly corner of this tract; THENCE, along the southeast boundary of this tract, as follows: South 28'32'10" West, 293.50 feet; South 61 °27'50" East, 15.26 feet; THENCE, South 28'32'10" West, continuing along the southeast boundary of this tract, a distance of 110.85 feet, for the beginning of a circular curve to the left whose radius point bears (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTIJEXAS 78404 FAX (361)854 -6001 www.urbaneng.com 5:1 Surveying\ 23 80818 20 01 Zoning\F[J24.93acresSHS.doc P e 1 of2 TSE Firm #145 EXHIBIT A South 61 °27'50" East, a distance of 585.00 feet and having a central angle of 16 °21'26 ", a radius of 585.00 feet, a tangent length of 84.08 feet and an arc length of 167.01 feet; THENCE, with said circular curve to the left, continuing with the southeast boundary of this tract, an arc length of 167.01 feet for the point of tangency; THENCE, South 12° 10'44" West, continuing along the southeast boundary of this tract, a distance of 546.52 feet; THENCE, along the southeast boundary of this tract, as follows: South 28 °32' 10 "West, 50.00 feet; South 61 °27'50" East, 7.49 feet; THENCE, South 28'32'10" West, 176.65 feet, to the Point of Beginning and containing 24.93 acres of Iand. Bearings based on the recorded plat of Shoreline Oaks Subdivision Unit 1, a map of which is recorded in Volume 64, Pages 255 and 256, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineering Dan L. Urban, R.P.L.S. License No. 4710 LEE URBAN 4710 5: 1Surveying1238081B2001ZoninglFN24 .93acres5H5.doc Page 2 of 2 EXHIBIT A S .�} O! O 00 r� OI YMMY N OD n coNNM MN�p�An rV! _ r C AWO AP718 JRO& rl LL •�� N�1��p�p�pOOppa ww CY U' 10ENr QInNrinr• -u3r ����• 00 ZfrNO�Oi a-10 f�N' IAN Z I�NM ��pp N+rf F �MFI NNiONN(pN wN��Fhfa^ co d1® m2ZZZ2ZVIN f/11/1 WOO PAID *90 O Z Z g l p � O (� pppp pp�� w R A/ � �:a�'n1�JJJ_IOJ_l �Im�twoh ^^ LJ_ _ mW �'� �►� N �i � N '+�i N N h W Z q zR as ^tpY1�F�}N "Q Sw Zak <n a aWa i Wa h w �W 'p w �w w 0* 604 d Ar U U N 1 h OF OF 9F w (p 1 6Z Si' n 8Z 8Z o to . w 7 ;0 w 7 to Q,1° sa, 4N. prM ppu co A ~ No Mi ?c7 O �F N g .$ q to N r7 ll Er. fe w r N o W+�yN Q LO V120'31'53'E 554.02' m u� � 8 N ° v oysZ 5°f e`S •` �f coEw v 4 m 1r� a LB w� m� 0 0 o 0 � c �} ° N � � o EL O 7 r X59 O V c EXHIBIT B DATE: April 16, 2013 TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Action Item for the City Council Meeting of April 23, 2013 FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826 -3105 Request by Petitioners to repeal Ordinance No. 029791 regarding the frequency of testing for residential irrigation backflow devices CAPTION: Ordinance considering a request by petitioners, pursuant to Article I, Section 4, of the City Charter to repeal Ordinance No. 029791 which amended Chapter 14, Code of Ordinances, regarding the frequency of testing required for residential irrigation backflow devices; repealing adopted ordinance; providing for publication; and declaring an emergency. BACKGROUND AND FINDINGS: Through the process of Initiative and Referendum in the City Charter, citizens have the right to ask Council to consider new ordinances or to reconsider ordinances (or portions thereof) already approved. The process for reconsideration of ordinances requires five registered voters to make their request within 10 days of passage of an ordinance by filing a statement with the City Secretary that they intend to circulate petitions if the Council does not take their requested action. The City Council has until the adjournment of the next regular City Council meeting following receipt of the statement to reconsider such ordinance. In the event the Council fails to take the proposed action within the time allotted, the City Secretary shall furnish to the proponents petition pages for circulation among the registered voters of the City. A valid petition containing signatures equal to at least 5% of the registered voters of the City must be filed with the City Secretary within 90 days. If a valid petition is filed within 60 days, the effectiveness of the ordinance is suspended and an election is called at the next available uniform election date under State law. If a valid petition is filed after 60 days, but within the 90 days deadline, the ordinance remains in affect and an election is called at the next regular City Council election. The city council can repeal the subject ordinance at any time during this period. ALTERNATIVES: The council may vote to approve to repeal Ordinance No. 029791, or not to repeal the ordinance. A vote to repeal the ordinance will change the frequency of testing from triennial to annual. A vote not to repeal the ordinance would initiate referendum procedures. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". DEPARTMENTAL CLEARANCES: Not Applicable. FINANCIAL IMPACT: Not Applicable ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): LIST OF SUPPORTING DOCUMENTS: Petitioner's Request Ordinance to Repeal Armando Chaps . City Sesretrry City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 April 12, 2013 City of Corpus Christi Secretary, This letter serves as official notice to the City of Corpus Christi of our intent to circulate petitions calling for referendum to repeal /reverse: Ordinance - Amending Plumbing Code and International Residential Code to establish new language and change the residential irrigation backfiow testing requirements from annual to triennial (1st Reading 3/26113) Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14- 281, °Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. It is hereby filed with the City of Corpus Christi Secretary on April 12, 2013 (3 days after the April 9th, 2013 City Council meeting when the "Second Heading" took place) and therefore is well within the 10 day deadline per City of Corpus Christi Charter Article f. Section 4. a ` As required by this section, any five registered voters may commence this referendum. Below are the required names and addresses of the registered voters doing so- The above voters have appointed Jaime Garcia at 6310 Grandvilliers Drive, Corpus Christi, TX 78414 (registered voter) to receive any and all correspondence from the City of Corpus Christi Secretary regarding this legal instrument. As the first step of this referendum, we are hereby respectively asking the City of Corpus Christi Council members to reconsider the City Ordinance. Respectively, Jaime Garcia, President Coastal Bend Irrigation Association Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article p, "City of Corpus- Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14-292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES,u Article il, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING. CODE," Section 14 -281, "Plumbing code," is amended by creating a new subsection to read as follows: "Sec. 14 -281. Plumbing code. With the following additions, deletions, and revisions, the International Plumbing Code, 2009 Edition [including Appendix C, Gray Water Recycling Systems; Appendix E, Sizing of -Water Piping; Appendix F, Structural Safety; and Appendix G, Vacuum Drainage System (see International Plumbing Code Section 101.2 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: "(10-1) Section 392.10 of the IntemationalPlumbina Code is revised to read as follows: "392.10 Inspection and testing of backflowi prevention assemblies Inspection and testing shall comply with Sections 312. 10.1 and 312.102. "3 12.90.1 Inspections. Residential irrigation backflow prevention assemblies shall be inspected at least once every three years. Annual inspections shall be made of all other backflow prevention assemblies and air gaps to determine whether they are operable 029791 INDEXED "392.70.2 Testin . ' Residential irrigation backflow prevention assemblies shall be tested at least once every three years. _Reduced pressure principle backflow preventer assemblies, double check-valve assemblies pressure vacuum breaker assemblies reduced pressure detector fire protection backflow Prevention assemblies, double check detector (fire ro _ on backflow prevention assemblies. hose connection backflow preventers, ands ill roof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation immediately after re airs or relocation and at least annuall The testing procedure shall be performed in accordance with one of the following standards;_ ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047 ASSE 5048 ASSE 5052 ASSE 5056 CSA B64.10 or GSA B64.10.1. SECTION 2. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi. Technical Construction Codes," Division 8, "RESIDENTIAL CODE," Section 14 -291, "Residential code," is amended by creating a new subsection to read as follows: "Sec. 14 -291. Residential code, "With the following additions, deletions, and revisions, the International Residential Code for One- and Two - Family Dwellings, 2009 Edition [including Appendix O, Gray' Water Recycling Systems (see International Residential Code Section R102.5 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: «{1) "(16.1) Section P2503.8 of the lntemational Residential Code is revised to read as follows, "P2503.8 Inspection and testing of backflow �ention devices_ Inspection and testing of backflow prevention devices shall comply with Sections P2503.8.1 and P2503.8.2. Technical Constructn Code Resid Backflow Testing Ord page 2 of "P2503.8.1 Inspections. Inspections shall be made of all backflow prevention assemblies to determine whether they are operable, "P2503.8.2 Testing_ Residential irriraation backflow Prevention assemblies shall be tested at least once every three years. _Reduced pressure principle backflow preventers, double check valve assemblies double- detector check valve assemblies and Pressure, vacuum breaker assemblies that are not part of a residential irrigation s tern shall be tested at the time of installation immediately after repairs or relocation and at least annually. n SECTION 3. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not. affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose: SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Sections 1 -6, 1 -6.1, and 14 -207 of the'Code of Ordinances, City of Corpus Christi. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shad require a culpable mental state of "criminal negligence." SECTION 5. 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 6. This ordinance and its requirements take effect on and after May 1, 2013. Technical Construct" Code Resid Bacldlaw Testing Ord . Page 3 of 4 The fora E g ordinance this the Nay of c Nelda Martinez read for the first time and p d to its second reading on WCh , by the following vote: Kelley Allen `�' Rudy Garza + "" Priscilla Leal David Loeb 0 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoi N-Mav ance w a e�he second ti end pas �ed finally on this the C of 0 b the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza 5D Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , ATTEST: Armando Chapa Nel a a in City Secretary Mayor EF7 TI11 DATE Technical Corksfructn Code Resid Bac w Testing Ord Page 4 of 4 02 -g791 Ordinance considering a request by petitioners, pursuant to Article I, Section 4, of the City Charter to repeal Ordinance No. 029791 which amended Chapter 14, Code of Ordinances, regarding the frequency of testing required for residential irrigation backflow devices; repealing adopted ordinance; providing, for publication; and declaring an emergency. WHEREAS, Ordinance No. 029791, which was passed April 9, 2013, amended Chapter 14, Code of Ordinances, by establishing language in the Plumbing Code and Residential Construction Code to modify the frequency of testing required for residential irrigation backflow prevention devices from annual to triennial; WHEREAS, a request has been received, pursuant to Article I, Section 4, of the City Charter, to commence a referendum proceeding for reconsideration and repeal of Ordinance No. 029791 by the City Council; and WHEREAS, the City Council has reconsidered passage and determined that repealing Ordinance No. 029791 would best serve the public health, necessity, con- venience, and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council acknowledges receipt of a properly filed request received pursuant to Article I, Section 4, of the City Charter to reconsider and repeal Ordinance No. 029791, duly adopted on April 9, 2013, which ordinance amended Chapter 14, Code of Ordinances, to modify the frequency of testing required for residential irrigation backflow prevention devices from annual to triennial. A copy of Ordinance No. 029791 is attached to this ordinance and is incorporated by reference as if fully set out herein in its entirety. SECTION 2. Following reconsideration of Ordinance No. 029791, the City Council hereby repeals Ordinance No. 029791 in its entirety. SECTION 3. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,.2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas day of 12013 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, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article 11, "City of Corpus- Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14-292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. The Code of Ordinances, Chapter 14, " DEVELOPMENT SERVICES,` Article II, °City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing code," is amended by creating a new subsection to read as follows: "Sec. 14 -281. Plumbing code. "With the following additions, deletions, and revisions, the International Plumbing Code, 2009 Edition [inciuding'Appendix C, Gray Water Recycling Systems; Appendix E, Sizing of.Water Piping; Appendix F, Structural Safety; and Appendix G, Vacuum Drainage System (see International Plumbing Code Section 101.2 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city .secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: .,0) "(10.1).- Section 392.70 of the Infemafional Plumbing Code is revised to read as follows: — "392.10 Ins ecfion and testing of back iovv prevention assemblies Inspection and testing shall comply with Sections 312.10.1 and 312.10.2. — "392.904 Inspections, Residential irri ation backflow prevention assemblies shall be inspected at least once every three years. Annual inspections shall be made of all other backflow prevention assemblies and air paps to determine whether they are operable. 0219791 INDEXED "372.70.2 Testing. Residential irrigation backflow Prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventer assemblies double check-valve assemblies pressure vacuum breaker assembliees, reduced pressure detector fire protection backflow Prevention assemblies double check detector fire Protection backflow prevention assemblies, hose connection backflow.preventers, and spillproof vac_ uum breakers that are not part of a residential irrigation system shall be tested at the time of installation immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with one of the following standards: ASSE 5013, ASSE 5015,, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA 664.10.1. SECTION 2. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 8, "RESIDENTIAL CODE," Section 14 -291, "Residential code," is amended by creating a new subsection to read as follows: "Sec. 14 -291. Residential code. "With the following additions, deletions, and revisions, the Internationai Residential Code for One- and Two - Family Dwellings, 2009 Edition [including Appendix O, Gray Water Recycling Systems (see International Residential Code Section R102.5 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: . "(16.1) Section P2503.8 of the International Residential Code is revised to read as follows: 'P2503.8. Inspection and testing offbackfiow prevention devices. Inspection and testing of_backi'low prevention devices shall .comply with Sections P2503.8.1 and P2503.8.2 Technical Consb ictn Code Resid Backftow Testing Ord Page 2 of 4 "P2503.8.1 -Inspections. Inspections shall be made of all backflow orevention assemblies to determine whether they are operable. "P2503.8.2 Testing. Residential irrigation backflow Prevention assemblies shall be tested at least once every three years. _Reduced pressure principle backflow preventers; double check valve assemblies double- detector check valve assemblies and pressure, vacuum breaker assemblies that are not part of a residential irrigation system shall be tested at the time of installation immediately after repairs or relocation and at least annually. SECTION 3. If, for any reason, any section, paragraph, subdivision, sentence; clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense: punishable under Sections 1- 6,1 -6.1, and 14 -207 of the'Code of Ordinances, City of Corpus Christi. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." SECTION 5. 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 6. This ordinance and its requirements take effect on and after May 1, 2013. Technical Constructn Code Resid Bacldlow Testing Orel Page 3 of 4 The fore i g ordinance was read for the first time and to its second reading on this the lay of , by the following vote: Nelda Martinez Chad Magill Kelley Allen `'' Colleen McIntyre Rudy Garza "`'' Lillian Riojas Priscilla Leal Marls Scott David Loeb The foregoi .�tdJinance wa ado the second time nd passed finally on this the `'day of 01 - -, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre ",4,9 Rudy Garza Lillian Riojas Priscilla Leal _ Mark Scott p 0 David Loeb PASSED AND APPROVED this the r day of alaa , ATTEST: Armando Chapa . City Secretary EFFE TIV DATE Technical CorOnjdn Code Resid Bao w Tealing Ord Nelda--Ma in Mayor 2"17 q 1 Page 4 of 4 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 852 Second Reading for the City Council Meeting of April 23, 2012 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Public Hearing and Ordinance for Lease of a Portion of Mt. Vernon Park to the Corpus Christi Area Council for the Deaf CAPTION: Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. PURPOSE: Amend the current lease with the Corpus Christi Area Council for the Deaf for Mt. Vernon Park to accommodate a proposed expansion of the Deaf & Hard of Hearing Center. BACKGROUND AND FINDINGS: The Corpus Christi Area Council for the Deaf has a lease agreement for .4 acres of Mt. Vernon Park (5100 block of McArdle Road — near La Palmera Mall) to maintain and operate The Deaf and Hard of Hearing Center. The original lease signed was signed in 1983. An amendment the lease was amended in 1991 in order to meet Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) guidelines for funds used to expand the facility. The most recent amendment was approved on January 13, 2004 extending the term of the lease to April 10, 2014 with an automatic renewal for an additional ten year term. In 2012, the Corpus Christi Area Council for the Deaf approached the Parks & Recreation Department regarding the possibility of amending the current lease to allow for a 3,750 square foot expansion of the Center and the associated increase for parking spaces. The expanded lease area will include approximately .677 acres of the park. Mt. Vernon Park was indentified in the 2012 Corpus Christi Parks and Recreation Master Plan as a park to be repurposed. The lease amendment is congruent with the department's efforts to create partnerships and /or identify alternate uses for the park. ALTERNATIVES: Do not approve the lease and negate plans to expand the Deaf and Hard of Hearing Center. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all leases with terms of five years or more. EMERGENCY / NON - EMERGENCY: This item requires at least a 28 day delay between the first and second reading. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital XNot applicable Fiscal Year: 2012- 2013 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 revenue associated with this item. RECOMMENDATION: Approve the amendment to the lease. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Survey of .677 acres of Mt. Vernon Park Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. Whereas, The Corpus Christi Area Council for the Deaf currently has a lease with the City of Corpus Christi for approximately .4 acres out of Mt. Vernon Park, which is located along the 5100 block of McArdle Road; Whereas, The Corpus Christi Area Council for the Deaf desires to expand its operations from approximately .4 acres to .677 acres of Mt. Vernon Park; Whereas, Chapter 26 of the Texas Parks & Wildlife Code requires the City Council to hold a public hearing to determine if a feasible and prudent alternative exists prior to taking or using a public park for a non -park purpose, such public hearing to be held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing; and Whereas, notices of the public hearing were published on Tuesday February 19, 20137 Tuesday February 26, 2013, and Tuesday March 5, 2013 in the Corpus Christi Caller - Times; and Whereas, City Council held a public hearing on March 12, 2013 to receive clearly enunciated locate preferences concerning the expanded lease of .677 acres of Mt. Vernon Park with The Corpus Christi Area Council for the Deaf at its regularly scheduled City Council meeting; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The facts set forth in the preamble of this ordinance are true. Section 2. That City Council followed the requirements of Chapter 26 of the Parks & Wildlife Code to determine if there was a feasible and prudent alternative to the expanded use of Mt. Vernon Park property for non -park purposes, in particular the expanded lease of the park property to The Corpus Christi Area Council for the Deaf. Section 3. That after conducting the public hearing, the City Council determines that there was no feasible and prudent alternative to the expanded lease of the Mt. Vernon Park property to The Corpus Christi Area Council for the Deaf. Section 4. That after conducting the public hearing the City Council determines that all reasonable planning has occurred to minimize the harm to the park resulting from the expanded use. Section 5. That the City Council considered clearly enunciated local preferences in making the findings that justify the approval of the lease to The Corpus Christi Area Council for the Deaf. Section 6. That the City Manager or designee is authorized to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for the expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 1 of 13 LEASE AGREEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Lease Agreement is by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City"), and the Corpus Christi Area Council for the Deaf, Inc., a non-profit corporation (hereinafter "Lessee"). W1 T N E S S E T H: WHEREAS, the Lessee is organized exclusively for the charitable purpose of providing se-tvices-to-deaf person- s; WHEREAS, in 1991 Lessee requested a revision of its 1983 Lease agreement in order to i incorporate Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations; WHEREAS, the City originally leased the Premises to Lessee for a -ten (10) year term beginning March 1, 1983, by lease dated February 4, 1983 ("1983 Lease"); WHEREAS, the City by "Lease Agreement Amendment" dated December 29,1991 ("1991 Lease") (authorized by City Council Ordinance No. 021272 dated October 29, 1991), revised and extended the 1983 Lease for a period of ten (10) years beginning December 29, 1991, and ending on July 14, 2001; WHEREAS, the City found and determined that the lease amendment dated December 29, 1991, would further the popular enjoyment of the park property and was consistent with the goals for public recreation established by the City to extend these services to a broad spectrum of the population; WHEREAS, the City has found and determined in the ordinance authorizing this lease that the 1991 Lease should be extended by this lease; and the Premises shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease; WHEREAS, the City Council held a public hearing on the 13 h day of January 2004, and compiled with the requirements of Chapter 26 of the Texas Parks and Wildlife Code regarding the use of park lands; WHEREAS, the City approved a lease amendment dated January 13, 2004 to extend the term until April 10, 2014, with an automatic renewal for an additional ten year term; WHEREASE, the Lessee desires to expand its leased premises for new construction; Page 2 of 13 WHEREAS, the City Council held a public hearing on the day pf , and complied with the requirements of Chapter 26 of the Texas Parks and Wildlife Code regarding the use of additional parklands; NOW, THEREFORE, in consideration of the premises, covenants and conditions in this Lease, the City and Lessee mutually agree as follows: Section I. Promises. The City grants, leases and demises unto Lessee and Lessee rents and leases from the City the following parcel of real property located in Corpus Christi, Nueces County, Texas ("Premises"): A site having the dimensions of approximately 242.5 feet by 120 feet, located on the north and east portion of a tract known as Mt.-Yernon-Park along McArdle Road, The site and park are more fully described in the attached Exhibit "X'. Section 2. Term. a. The primary term of this Lease shall be ten (10) years beginning sixty one (61) days after final adoption by City Council of the ordinance authorizing this Lease and ending on the day of I , and when the primary term begins the Premises shall be deemed continuously leased under the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease. b. At the end of the primary-term, this Lease shall be automatically extended for an additional ten (10) year term; provided, however, that either party may terminate this Lease at any time upon giving the other party one year's written notice in advance of intention to terminate. Section 3. Purpose. Lessee shall operate the Premises exclusively for the following purpose and uses incidental thereto: To operate a public service and recreation center (hereinafter the Project) designed to primarily benefit the deaf and hard of hearing persons of the community. Should Lessee ever receive Community Development Block Grant Funding subsequent to the effective date of this Lease, then the following purpose shall apply to this Lease: To further the primary objective of the Act as outlined in Federal Register 24CFR 570.200 and to provide safe and sanitary public facilities for handicapped individuals; and to further provide additional services to help the deaf and hearing impaired person to live as independently as possible in the hearing world and at all times in accordance with Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations. Section 4. Construction. a. Lessee constructed improvements to the Lessee. It WMEUM the building on the Premises in 1983. Lessee constructed building in 1991 and 2001 using CDBG funds allocated to Lessee desires to construct new improvements at the Premises. Lessee agrees to add to, maintain, and operate a public service and recreation center (hereinafter the Project) designed to primarily benefit the deaf and hard of hearing persons of the community. Lessee agrees to construct certain improvements on the Premises in the furtherance of said Project, which improvements shall be constructed in accordance with plans and specifications approved by the City Director of Parks and Recreation and the City Director of Engineering Services. Lessee shall have full and complete responsibility for the preparation--of such plans and --specifications,— obtaining all required Federal, State, and local permits, and supervision of construction of the Project. c. Lessee agrees that the entire costs of construction of the Project, including initial site work, architect's and engineers fees, inspection, installation of utilities, and all other costs related to completing , equipping, and stocking the facility, shall be borne entirely by Lessee. The City does not assume nor will it in any way be responsible for any of the financial obligations incurred or created by the Lessee in connection with the construction, equipping and operation of the Project. Section S. Furnishings. Lessee shall be responsible for furnishing'and equipping the building and City has no obligation to furnish any. equipment or furnishings for Lessee. All personal property furnished by Lessee or donated by others on behalf of Lessee shall remain the property of Lessee unless specifically donated to City. Section 6. Maintenance and Utilities. Lessee agrees to maintain the Premises during the term of this Lease in a clean and attractive appearance. Lessee shall be responsible for all costs of maintenance, utilities and the collection and removal of any trash or rubbish from the Leased Promises. Section 7. Duties at Termination or Expiration of lease. At the expiration of the term of this Lease, or any extension thereof, Lessee shall release and deliver unto the City the Premises and all facilities Included thereon in reasonably sound condition, normal wear and tear excepted.. Lessee may remove at its own expense any supplies, furniture or equipment which are not classified as fixtures and which may be removed without damaging the remaining improvements. Page 4 of 13 Section 8. Records. Should Lessee receive CDBG fuhds subsequent to the effective date of this lease, then the following provisions shall apply: a. Ogeration Records. Lessee will provide access to the documentation of clientele being benefited by the Facilities and the activities being carried out in the Facilities which pertain to the operations of the Facilities and all obligations pursuant to this Agreement, including all information on matching funds, if any, Wring regular business hours for the purpose of City - and /or HUD conducted audits or monitoring. b, Equal Particll2gtion Documenjajion. Lessee shall also keep and provide access to records documenting compliance with Section 109 of the Housing and Community Act which requires that no person shall on the grounds of race, color, national origin or sex, be -excluded from -- participation in, -be --den led .-the-bene fits of, or be subjected to discrimination under, any program or activity funded in whole or in part with community development funds made available pursuant to the Act. c. Information and Reports. Lessee shall provide any 1 ' nformation, reports, data and/or forms pertinent to this Agreement as the Director of Housing and Community Development for the City may from time to time request for the proper administration of this Agreement. d. OMB Circular A -110. Lessee shall comply with the following attachment to OMB Circular number A -110: Attachment C, "Retention and Custodial Requirements for Records", except, in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in Section 570.507, in which the specific activity is reported on for the final time; e. Compliance Documentation. Lessee shall keep and provide access to records documenting compliance with the following sections of the Housing and Community Act 24 CFR 570, et seq: 5770,610 Uniform Administrative Requirements and Cost Principles; and 570.611 Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant, officer or member of the Board of Directors of lessee, identify by name and title the person with the conflict and the nature of the conflict. Section 9. Compliance with Laws. Lessee agrees that in operation of the Premises and all programs offered by Lessee at the Premises it will promptly comply with and fulfill all laws, ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the Premises and all programs offered by Lessee at the Leased Premises, and all ordinances or regulations imposed by the City for the correction, prevention and abatement of nuisances or code violations in or connected with the Premises during the term of this Lease Agreement, at Lessee's sole expense and cost. Section 10. Non-discrimination policy. Lessee agrees that in the conduct of programs a non-discrimination policy will apply, and that the Premises may be utilized by the public in accordance with reasonable scheduling requirements on a first come, first served basis. Section 11. Fees. Lessee may charge fees for rooms and use of the Premises facilities and may conduct instructional classes for fees. All of the fees and charges shall be reasonable in keeping with charges and fees assessed at other recreation centers within the City and must be first approved by the City Director of Parks and Recreation. Section 12. Changes In Programs. Lessee agrees that no changes in programs, plans or fee schedules for activities at the premises facilities may be implemented without first obtaining the prior approval of the City Director of Parks and Recreation, Section 13. Insurance. Lessee agrees to secure and maintain throughout the term of this Lease, or any extension, at Lessee's expense, the policies of insurance described on the attached Exhibit. The policies of insurance shall name the City as an additional insured by their terms and shall contain provisions that they cannot be cancelled, allowed to lapse, or materially changed unless ten (10) days' notice of shall first have been served upon the Director of Park and Recreation. Lessee shall promptly provide copies of all insurance policies upon City's written request. Certificates of insurance for all policies shall be furnished to the Director of Park and Recreation prior to any construction activities pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement, Section 14. Indemnity. Lessee shall indemnify the City of Corpus Christi against any and all losses, claims, demands, and defend any suit or action for damage of every kind and character made against the City of Corpus Christi based on personal injury of any person, including death and for loss of or damage to property of any person, whether caused by the City of Corpus Christi and Lessee or however same may be caused, growing out of any act, occurrence or omission, or incident to or resulting, from the performance, or failure to perform the work or the provisions of this Agreement. Section 15. No assignment. Lessee shall not sublet or assign this Lease, or any part thereof, without the prior written consent from Lessor. Section 16. Publication Costs. Lessee agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 17. Ta"s and other assessments. Lessee shall pay any ad valorem taxes associated with the Improvements or the Premises which may be levied during the term of this Lease Agreement or any extension hereof. Lessee shall not voluntarily create, cause, or allow to be created, any debts, liens, mortgages, charges, or other encumbrances against the Leased Premises, Lessee shall from time to time, duty pay and discharge or cause to -be discharged or to be paid, when the sum becomes due, all taxes, 'assessments, and other government charges which are lawfully imposed upon the Premises and which, if unpaid, may by law, become a lien or encumbrance upon such Premises and thereby impair or otherwise adversely affect the holding such Premises for the use set out in this Lease Agreement, This Lease Agreement constitutes the entire agreement of the parties. Page 7 of 13 EXECUTED IN DUPLICATE, each of which shall be considered an original, on the 4- day of Ca" ,, Q13 . LESSEE: Corpus Christi Area Council for the Deaf, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This in trument was acknowledged before me on 12 ,7 C Jv �-P , 20L, by 1.; Executive Director of Corpus Christi Area Council f6r the Deaf, Inc., a xas nonprofit corporation, on behalf of the corporation. N ry Pu o c, State of xa PH tName: JACQUELINE L M W13140"" Notary Public, §tste at town Seal: . My COMMINlon hPi►n p i WO i OJ2pi4 Expiration Date: ATTEST Armando Ghapa City Secretary CITY OF CORPUS CHRISTI -M Q. � z 1-0 --- - - . 2 D. i )WVd NOM I.LVI I PUBLIC PARK MT. VERNON SID., UNIT 3 V-19,P.84(M,R.N.C.T.) Z 0 00, 0 rao 0 79 PUBLIC PARK 0 MT. VERNON SIC]., UNIT 3 VA 9, P. 84 (M.R.N.C.T.) $16,4 ft A'0'41'2�eh 60 .0 .001 29,494 S.F. OF PUBLIC PARK fp 4, (0) nyr r (1� 4-2 V." a LAPALMERA C:r z VERNON cy MT. ON 8/0. UNIT 3 V.61, P. 92-93 (M.R.N.C.T.) 11-7 ft trop" Items whin Zone 0, sawang to FILM SS, wNth N NOT YdNn the to0 Year Flood plelin, KEY: W006�eNcE (RECORDED) X VOSS ENGINEERING, INC. (MEASURED) WIRE FENCE ENGINEERING & LAND SURVEVING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEuS 78413 VINYOFENCE PHONE! 301-864.8202 FAX- 361.8534696 f, "Mkvom 4Rw*t0wpMNMi".1Lww $,.r.rY.`Ootw aq 9F. - ""11*11*wAvfts NOTES t 4 lt4. = Iwo: O.N 0 1 #.I...* V.) FwW W I.R. 0 all W owws LWm noted olherMae. ........... -sPNbnW%WWftbwWiot&T&PdkymTgeopTmm NOT VAUD VATHOUT ORIGINAL NOTE: THIS allRVEY ts FOR THE SOLE USE OF THE SUrYER, TRUE COMPAN OR MORTGME COMPANY IN THIS TRANSACTION ONLY. NO LICENSE Y. HAS 2293 SIGNATURE AND OMONAL SEAL. SEEN CREATED, EXPRESSED Olt IMPLIED. TO COPY THE SURVEY, VOICH Is VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER, - RelIlslared Professional Land Surveyor State ofToxss No. 2293 6 7 A E. I T4-7712 - REVISION- 0.677 Ac. of The Public Park, Mt. Vernon Subdivision Unit 3 CREW. RS & DL OFFICE: RV & CA Volume 19, Page 84, (M.R.N.C.T.) GFM Corpus Christi, Nueces County, Texas; JOBM 12-8478 KEY: W006�eNcE (RECORDED) X VOSS ENGINEERING, INC. (MEASURED) WIRE FENCE ENGINEERING & LAND SURVEVING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEuS 78413 VINYOFENCE PHONE! 301-864.8202 FAX- 361.8534696 Page 10 of 13 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. 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 n"amed-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 3i} written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable policy endorsements Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned - 2. Hired and Non-Owned Lessee will be responsible for any and all damage to property or equipment Property Coverage used regardless if owned, rented, Page 11 of 13 leased or borrowed, WORKERS' COMPENSATION Applicable for paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY 1 $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance Company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain In full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- Vf 1, 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 Manager and Parks and Recreation Director P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect t - o the above required Insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other Insurance" clause shall not, apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • - - --_Workers' compensation and employers' - liability -policies will provide- a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement; Page 13 of 13 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. DATE: March 20, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com Temporary Tax Abatement for 164 Corpus, Ltd. (Bay Vista II Apartments) for the property located in the 800 block of Carancahua Street CAPTION: Approving a resolution authorizing the execution of an agreement with 164 Corpus, Ltd. (Bay Vista II Apartments) providing for temporary property tax abatement PURPOSE: Granting a tax abatement to 164 Corpus, Ltd. for a term of up to eight years. BACKGROUND AND FINDINGS: 164 Corpus, Ltd. submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the building located in the 800 block of Carancahua Street. The development is located within the Council designated downtown catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, 164 Corpus, Ltd. is seeking tax abatement as per section 2 (i)(3) of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad- valorem tax will be abated based on the following schedule: • Years 1 -5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The building to be constructed will become multi - family housing. Improvements are estimated to be approximately $17.9 million of which $16.2 million is eligible for tax abatement. The property is currently appraised at $743,928. This project will create 7 permanent jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in a catalyst area as defined by the City Council. EMERGENCY /NON- EMERGENCY: NON - EMERGENCY FINANCIAL IMPACT: ❑ Operating N Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 508,3661 5087366 BALANCE 1 5087366 1 5087 366 Fund(s): General Comments: The amount of taxes for ten years for the unimproved property would be $42,445. With the tax abatement, the amount of property tax collected over the base amount of $743,928, will be $508,366 in new tax revenues. RECOMMENDATION: Staff recommends approval to grant a temporary tax abatement to 164 Corpus, Ltd., the owner of taxable property located of Carancahua Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with 164 Corpus, Ltd. providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by 164 Corpus, Ltd. for the construction of a facility in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with 164 Corpus, Ltd. providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with 164 Corpus, Ltd., attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2013. ATTEST: Armando Chapa City Secretary RESOLUTION -Tax Abatement 164 Corpus 01 -17 -13 THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION -Tax Abatement 164 Corpus 01 -17 -13 MEMO This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. 11��i 111! 11111 2LM.1MR=. UUM EMME 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic fevelopment purposes under the Act 2. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. (a) The Construction Phase ends upon the earliest to occur of the following events, (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion,; based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substa-ktial evideice role. Tax Abatement Agreement Bay Vista H W W Z A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in pa within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached this Agreement and made a part of this Agreement. The Property is located within a zone tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the Ci if Corpus Christi, Texas. g MOJ M 1 11r4pra Bloto Maw lar-11161AILO ra C--z 1 V&SI amy-14tvi 4 LvItIRLOIRIII Is —1111- - HKMM�� Land $54,270 Tax Abatement Agreement Bay Vista ii IF 11 1111:111i", II flissfllr "� Land $473,658 EMIGHEM Land $216,000 C The City and the Owner agree that the value of any add;itions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is- Additional Improvements: $0 D. Addition of the above amount to the valuation of r as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: .11 MEM MIA 1T1 14 4< ., 11110,111 Uut 11 1, dFIU III EIS: C.;C111 Fitay LIM ^UelLUIFFUIF year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post-construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of t abatement period. All terms and conditions imposed upon the Owner continue in effect dun the period, and the Owner is obligated specifically to continue the minimum employment leve 11 specified in this Agreement. Any default is subject to the provisions of Article VIII of th Agreement. OTA M LII fl] k 11111 M11I. RMMITZ-F. MM r # - , go- - M s-�ffig Ta x Abatement Agreement Bay Vista ii 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. kyj W_-1 & rel I 1',, 111 d W Xt#M#Hi A. The Abatement provided by this Agreement is based upon a downtown revitalization housing facility, Owner represents and warrants that this project will add seven (7) additional permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement, the percentage of tax abated is under the following schedule- Construction Period 100% (not to exceed 2 years) Year 1 100% Year 2 100% Year 3 100% Year 4 75% Year 5 50% Year 6 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full-till position providing regular work schedules at least 35 hours per. week. For complian purposes, the determination it is january 1 of each year commencing with the January following the date of completion of construction. The percentage of abatement provided ea year under this Agreement is based upon the employment information as of january I of t year. As a result, the actual amount of abatement may vary from year to year based up employment levels and property valuations. BOOM= I W I 1, 1 ogitmall-711161ul 4 H a !Maw* w i ti;;:�Iiltrl (Tax Rate) x [(85% of ffflnimum Investment - Actual Minimum Investment) x (100% Abatement %)] = Additional Tax. I I=' r*115 E Tax Abatement Agreement Say Vista It A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the; Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. B. Owner represents and warrants that this project will add seven (7) permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to anotler. A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of seven (7) permanent jobs by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation with the minimum number of seven (7) permanent jobs by the next January 1, then this Abatement Agreement terminates ZAt 2M 244�t."' * rg 4 ` �. ! M& -i a-4-4 lirr&.-� We,-, A76i"fm 6 HW11V days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility completed and begins operation with the required minimum number of permanent jobs, b subsequently discontinues operations or the minimum number of permanent jobs is n maintained on any January I during the term of the Agreement after the completion 4. construction, for any reason except on a temporary basis due to fire, explosion, or oth casualty, accident, or natural disaster, the Agreement may be terminated by the City, and taxes previously abated by virtue of this Agreement are recaptured and must paid within days of the termination, I 1. MEREMEIM M- law, WMIIAM. -WROM I 111 UU11111MR01119=_ 0 I Tax Abatement Agreement Bay Vista I I within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may ba. terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is addel-0 to the current total value of the City, but is not treated as "new property defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.0-4,2 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rat4 in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. to W, W. I ME- I i N I MIN 1 -9, Ma .0, OR'. M. Nr.01,-,iiioql-.@,,,-ro,,%-- lliso- -3 11ZIA VtDa SITAI 111= M rl wrl it 1:Xonlarmy] I 1 This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Te G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. JFALW "'IF ITAERIEW"FIK01111 Tax Abatement Agreement Bay Vista it 1. Owner must be afforded written notice of the default and the opportunity to cure az--� provided above, 2. If Owner believes the action was improper, Owner may file an appea,l in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. if the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.4Z 5. if the final determination of the appeal decreases Owners tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § r.. 4:. 1 K W-11 111T, I Lill I M 11 ZT-M III 3*= (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. Mir 1 'il M 11gulknizaanuo 1-ki MERE= Tax Abatement Agreement It Bay Vista I I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 4. Submit to the Nueces County Appraisal District an Application for Property Ta�l Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 116). A copy must be forwarded to the City. F. Living Wage Requirement. In order to count as a permanent full-'time job under this t abatement program, the job should provide a "fiving wage" for the employee. The target livi wage under this abatement program is that annual amount equal or greater than poverty le for a family of three, established by the U.S. Department of Health and Human Servic Poverty Guidelines, divided by 2,080 hours per year for that year. —' ME? Tax Abatement Agreement Bay Vista II G. Health Insurance. To qualify for this incentive, an employer shall certify that it has oftred a health insurance program for its employees during the term of the Agreement. H. Undocumented Workers. 164 Corpus, Ltd. does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, 164 Corpus, Ltd. is convicted of a violation under §U.S.C. Section 1324a(f), 164 Corpus, Ltd. shall repay the payments at the rate and according to the terms as specified by City Ordinance, as ,2mended, not later than the 120 1h day after the date 164 Corpus, Ltd. has been notified of the violation. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld, C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. X1. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn -. City Manager li �-M Tax Abatement Agreement Bay Vista 11 I z- - Irstalwitoumv.. I C. Either party may designate a different address by giving the other party ten days writter notice. This Agreement has; been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this _ day of .2012. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By o. Armando Chapa Ronald L. Olsor City Secretary City Manager F-11413711 rov,711114-21r] 7LIT41h Page 10 of 14 Tax Abatement Agreement Bay Vista 1111 AP,Y PUBLIC, State of Texas SCHEDULE1 "Buy Local" Annual Reports The following information is reported to the City on a calendar-year basis during the first four years of the tax abatement program 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor" (total). 5. Number of jobs created in the construction project (local), 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improverne temoli�tion, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings a i,caffolding, insulation, temporary construction facilities, supplies, equipment rental construction, small tools and consumables. This term does not include major items machinery and equipment not readily-available locally. ** "Labor" is defined to include all labor in connection with the excavation, site i:mproveme demolition, concrete construction, structural steel, fire proofing, equipment placement, pipint electrical, instruments, painting and scaffolding, insulation, construction services, craft benefi" payroll burdens, and related labor expenses. This term does not include engineering servicesi connection with the project design, I 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. [imlilnsfi[ Tax Abatement Agreement Bay Vista 11 UM M_ ifimaziml AD '611,01 FRUK ul Cal d I III I L'd 0 LF tlu L L) IF ly L)IIII U'Ur t-,U LJ7 OvIl Iff 1"M LUI 0 U Ulct, r 1111 1aFr7­kTW, R Coleman Street�. The Project is to consist of 164 multi-family dwelling units containing approximately 129,642 square feet along with a multi-level parking garage containing 360 parking spaces, a club hiouse, and various recreational areas with an investment of at least $16,200,0W Tax Abatement Agreement Bay Vista 1'i EXHIBIT B a& ATU 1 a u:- A= 11111 1011111111i'lill 16=111M. I I li� I � I RMIN I N 101'aaw 90 F 144 U I A' 111 IF I I d f j 1111 r 1 1 rw7lvill";�' IVF tilt! !SVULF1'Kt!bL G0111W 01 LOt D, sal [OCK I �idfne uUnly the southeast comer of said Lot 5, and of this tract; of said Coleman Street as follows, North 840 3000" East, 1 59 74 feet (plat= 168.00 feet) for a corner of this tract; North 05030'00" West, 4.50 feet for a comer of this tract; North 84'40'00" East, 9.50 feet for a corner of this tract; %iouth 05030'00" East, 4.5 feet for a corner of this tract North 84030'00" East, 223.08 feet (plat=222.9:2 feet) to a 5/8 inch rod with a red plastic cM# stamped a® Engr C.C. Tx" set on the east boundary • South Upper Broadway, a public roadway, for a corner of said Lot T, and this tract; Thence, North 20013'36 West, along the east boundary • said South Upper Broadway, a listance • 10.34 feet to a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C. TIA r.et for the southwest corner of Lot 2, Shoreline Terrace, a map of which is recorded in Volume 26, Page 83, Map Records • Nueces County, Texas and the comer of this tract; i�M Tax Abatement Agreement Bay Vista 11 ;MI oil I M-e, I nence, Vo—u =M, the West boundary ot said of 200.05 feet (Plat=200.64 feet) to a drill hole set for the northeast corner of said Lot 6, same being southeast corner of said Lot T, and of this tract', Thence, South 84030'00" West, along the common boundary of said Lots 6 and T, a distance of 226.49 feet to a common north corner of said Lots 5 and 6, from which point a 1 inch iron pipe bears South 84030'00" West, a distance of 0.24 feet, thence North 0530'00" West, a distance of 0.57 feet-, Tax Abaternent Agreement Bay Vista II DATE: March 25, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Roland C. Mower, President/CEO Corpus Christi Regional Economic Development Corporation (361) 882 -7448 rcmower@ccredc.com Chapter 380 Agreement for voestalpine Texas LLC CAPTION: Approving a resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits for the benefit of the City. PURPOSE: The Chapter 380 agreement between the City and voestalpine Texas, LLC will provide economic incentives to develop and operate an iron and steel production facility in the City's extra territorial jurisdiction. The agreement provides for sharing certain tax revenues over a twenty year term. BACKGROUND AND FINDINGS: voestalpine Texas, LLC is a wholly owned subsidiary of voestalpine Eurostahl an Austrian steel manufacturer and processor. voestalpine has been in business for over 50 years and has over 46,000 employees worldwide. They will construct a direct reduced iron ( "DRI ") plant for the production of hot briquetted iron ( "HBI ") with an estimated annual production of 2,000,000 tonnes within the City's extraterritorial jurisdiction on land owned by the Port and may construct piers that may extend into the city limits. They wish to have an agreement to have predictability in their tax structure. voestalpine will invest up to $700 million in their plant and create up to 150 full time jobs in this phase. Future phases for this project are possible and probable. This phase is expected to create almost 2,500 peak construction jobs ALTERNATIVES: Failure to address this issue would result in the company selecting another site for their plant. OTHER CONSIDERATIONS: voestalpine expects to enter into a Chapter 381 incentive agreement with San Patricio County and expects to enter into a tax abatement agreement the San Patricio County Drainage District and will be applying for a Chapter 313 Value Limitation with Gregory - Portland ISD. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approval of the Chapter 380 agreement between the City of Corpus Christi and voestalpine. LIST OF SUPPORTING DOCUMENTS: Resolution Certification of Funds Chapter 380 Agreement Page 1 of 2 Resolution Authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits, for the benefit of the City. WHEREAS, the City has established a program in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ( "Chapter 380 ") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, City Council deems that the Agreement is in compliance with the City's Chapter 380 Economic Development Program Policy adopted by Resolution 028424 on November 17, 2009, and it is the best interest of the City and citizens to approve the Agreement with voestalpine Texas LLC for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits, for the benefit of the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council declares the recital paragraphs of this Resolution to be true. The City Manager or the City Manager's designee is authorized to execute the Agreement, which is on file at the City Secretary's office, with voestalpine Texas LLC for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits, for the benefit of the City. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary RESOLUTION voestalpine 380 Agmt 3 -20 -13 Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION voestalpine 380 Agmt 3 -20 -13 CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI, TEXAS AND voestalpine Texas LLC (A LIMITED LIABILITY COMPANY) AND PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS Page 1 of 32 Voestalpine Chapter 380 3 -26 -13 CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Chapter 380 Economic Development Incentive Agreement ( "Agreement ") is entered into as of ' 2013 between and among THE CITY OF CORPUS CHRISTI, TEXAS ( "City "), a home rule city, voestalpine Texas LLC, a Delaware limited liability company ( "Company "), and Port of Corpus Christi Authority of Nueces County, Texas, a political subdivision of the State of Texas ( "Port"). RECITALS WHEREAS, the Company desires to construct iron and steel (including the processing of iron and steel) facilities potentially in multiple phases, the first phase of which shall be a direct reduced iron ( "DRI ") plant for the production of hot briquetted iron ( "HBI ") with an estimated annual production of 2,000,000 tonnes (i.e. metric tons) within City's extraterritorial jurisdiction and with regard to the construction of docks potentially within the Corpus Christi City Limits on land owned by the Port ( "Project," described in Exhibit "A" and Exhibit "B" attached hereto); and WHEREAS, for the purposes of this Agreement, the Project includes all Project property located within the Corpus Christi City Limits and /or within the City's extraterritorial jurisdiction; and WHEREAS, the City has established a program in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ( "Chapter 380 ") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, the Corpus Christi City Council has adopted Resolution No. , authorizing the City to make certain economic development grants to the Company in recognition of, conditioned upon and derived from the positive economic benefits that will accrue to the City through their Project, with a capital investment by the Company of up to $700,000,000 and the creation of up to 150 Full Time Jobs, all as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic development in the City's extraterritorial jurisdiction and within the City and, as such, meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and the Company; and WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of Page 2 of 32 Voestalpine Chapter 380 3 -26 -13 unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional revenue generated by the Project for the City; and WHEREAS, the Port is a Party to this Agreement only for the purposes stated in Section 4.2 of this Agreement; and WHEREAS, in consideration of the capital investment in the development and construction of the Project, which contributes to the City's economic development and will create the Full Time Jobs associated with the Project, the City agrees to use such funds in order to provide the Reimbursement Amount (as defined herein) to the Company directly in the amount described in Article V of this Agreement; and WHEREAS, the City may in the future annex the (entire) Project into the city limits or establish an industrial district that includes the Project and both the City and the Company wish to establish a procedure for these actions; and WHEREAS, no City Tax, as defined herein, attributable to the Project for the Term of the Agreement will be assessed by the City or due for the Project or collected by the City until and unless an annexation of the (entire) Project has been completed pursuant to Section 45.051 et seq of the Texas Local Government Code, for any portion of the Term of this Agreement that the Company is not bound by an industrial district agreement, as applicable under this Agreement; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article III, Section 52 -a of the Texas Constitution, Chapter 380 and other law, the Company has agreed to comply with certain conditions to the payment of those benefits; NOW, THEREFORE, in consideration of the mutual benefits described in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Company agree as follows: ARTICLE I REPRESENTATIONS 1.1 Representations of the City. The City hereby represents to the Company that as of the date hereof; (A) The City is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Agreement. Page 3 of 32 Voestalpine Chapter 380 3 -26 -13 (B) The City has the power, authority and legal right under the laws of the State of Texas to enter into and perform this Agreement and the execution, delivery and performance hereof (i) will not, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the City under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City and constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution, delivery and performance of this Agreement by the City do not require the consent or approval of any person that has not been obtained. 1.2 Representations of the CompanL. The Company hereby represents to the City that as of the date hereof; (A) The Company is duly authorized and existing and in good standing as a limited liability company under the laws of Texas, and shall remain in good standing in Texas during the Term of this Agreement. (B) The Company has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized and will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Company, and (ii) does not constitute a default under or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Company under any agreement or instrument to which the Company is a party or by which the Company or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the Company, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. 1.3 Representations of the Port. The Port hereby represents to the Company that as of the date hereof; Page 4 of 32 Voestalpine Chapter 380 3 -26 -13 (A) The Port is a duly created and existing political subdivision of the State of Texas under the laws of the State of Texas. (B) The Port has the power, authority and legal right under the laws of the State of Texas to enter into and perform this Agreement and the execution, delivery and performance hereof (i) will not, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the Port under any agreement or instrument to which the Port is a party or by which the Port or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the Port and constitutes a legal, valid and binding obligation of the Port, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution, delivery and performance of this Agreement by the Port do not require the consent or approval of any person that has not been obtained. ARTICLE II DEFINITIONS The recitals to this Agreement are hereby incorporated for all purposes. The terms, "Agreement," "Chapter 380," "City," "the Company" and "Project" shall have the above meanings, and the following words or phrases shall have the following meanings: 2.1 "Act of Default" or "Default" means failure to timely, fully, and completely comply with one or more requirements, obligations, performance criteria, duties, terms, conditions or warranties of this Agreement. 2.2 "Agreed Upon Payments" means (i) for land owned by the Company within the Project Property, if any, one hundred percent (100 %) of the amount of ad valorem taxes based upon the market value of said land which would otherwise be payable to the City by the Company if said land were situated within the city limits of the City and (ii) for improvements within the Project Property (excluding personal property and inventory), sixty percent (60 %) of the amount of ad valorem taxes which would otherwise be payable to the City by the Company if said improvements were situated on land within the city limits of the City. "Improvements" shall be as defined in Section 1.04(3) of the Texas Tax Code, and shall also include storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by the Company. Page 5 of 32 Voestalpine Chapter 380 3 -26 -13 2.3 "City Tax Revenues" means i) revenues from fees, sales tax, and City ad valorem taxes attributable to the Project for the Term of the Agreement, collected by the City in each Fiscal Year after an annexation of the Project has been completed pursuant to Section 45.051 et seq of the Texas Local Government Code, and /or ii) with respect to the dock, cranes and related equipment constituting a part of the Project described in Exhibit `B" hereto (the "Dock ") as well as any additional docks erected during the Term, any revenues from fees, sales tax, and the City ad valorem taxes attributable to the Dock and any additional docks for the Term of this Agreement collected by the City in each Fiscal Year (collectively, "City Tax "), regardless of annexation, should the Dock and /or any additional docks be owned by the Company, for any portion of the Term of this Agreement that the Company is not bound by an industrial district agreement, as applicable under this Agreement. 2.4 "Commence Construction" means (i) to commence the work of constructing the improvements or features with all approvals thereof and permits required by applicable governmental authorities obtained as necessary to begin construction; and (ii) onsite construction of the site development components (such as drainage, extensive grading or utilities) is underway and being pursued for the Project. 2.5 "Completion" or "Complete" means the date no later than December 31, 2016, subject to extension upon approval by the City or for Force Majeure and delay due to obtaining required permits, that the Company has made and evidenced the fulfillment of at least 85% of the Investment Requirement and at least 85% of the Job Requirement for the Project. 2.6 "Compliance" means timely, fully and completely performing or meeting each and every term, requirement, obligation, performance criteria, duty, condition or warranty as stated in this Agreement. 2.7 "Effective Date" means the first date by which this Agreement has been signed by all of the parties hereto. 2.8 "Federal Bankruptcy Code" means Title 11, United States Code, as amended, and any successor statute. 2.9 "Fiscal Year" shall mean the twelve consecutive month period designated by the City as its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August 1 st and ends on the next succeeding July 31 st. 2.10 "Force Majeure" means any act that (a) materially and adversely affects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Parry's ability to do so, (b) is beyond the reasonable control of the affected Party, (c) is not due to the affected Party's negligence or willful misconduct and (d) could not be avoided by the Party who suffers it by the exercise of commercially reasonable efforts (provided that such commercially reasonable efforts shall not require such Party to expend a material amount of money to avoid the act giving rise to a Force Majeure). Subject to the Page 6 of 32 Voestalpine Chapter 380 3 -26 -13 satisfaction of the conditions set forth in (a) through (d) above, Force Majeure shall include but not be limited to: (i) natural phenomena, such as storms, hurricanes, floods, lightning and earthquakes; (ii) wars, civil disturbances, revolts, insurrections, terrorism, sabotage and threats of sabotage or terrorism; (iii) transportation disruption, whether by ocean, rail, land or air; (iv) strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (v) fires; (vi) the unavailability of necessary and essential equipment and supplies; (vii) a breach by the City of this Agreement or any other actions, omissions of or delays by a Governmental Authority (including the actions of City in its capacity as a Governmental Authority) that were not voluntarily induced or promoted by the affected Party, or brought about by the breach or noncompliance by the affected Parry of its obligations under this Agreement or any applicable law; and (viii) failure of the other Parry to perform any of its obligations under this Agreement within the time or by the date required pursuant to the terms of this Agreement for the performance thereof, provided, however, that under no circumstances shall Force Majeure include any of the following events: (A) economic hardship; (B) changes in market condition; or (C) weather conditions which could be anticipated by experienced contractors operating at the relevant location and exercising commercially reasonable business judgment. 2.11 "Full Time Jobs" means jobs providing a regular work schedule of at least 35 hours per week, which term shall include full -time positions of any third parry operator or contractor or of any subsidiary or affiliate located at the Project. 2.12 "Insolvent" means failure to timely pay debts in the ordinary course of business or failure to pay all debts when and as they become due, or insolvent within the meaning of the Federal Bankruptcy Code. 2.13 "Investment Requirement' means an investment of capital in the Project by the Company or any subsidiary or affiliate of up to Seven Hundred Million dollars ($700,000,000), as described in Exhibit A and B hereto. For the Project, any investment denominated in euros will use an exchange rate of 1.35 US dollars to one euro. The Company must provide documents evidencing the investment by the Company or any subsidiary or affiliate provided in the course of the Project pursuant to Article 8 herein. 2.14 "Job Requirement' means the creation of up to 150 Full time Jobs for the Project. Any third party operator or contractor or any subsidiary or affiliate fulfilling this Job Requirement shall be subject to the requirements of Sections 4.5 and 6.10 herein. The Company must provide documents from any third party operator or contractor or any subsidiary or affiliate fulfilling any part of this Job Requirement evidencing all jobs and employment created as a result of the Project, pursuant to Article 8 herein. 2.15 "Property" means the real property on which the Project will be built, including all improvements and equipment thereon, as may change from time to time, as described in Exhibit `B" attached hereto. Page 7 of 32 Voestalpine Chapter 380 3 -26 -13 2.16 "Reimbursement Amount" or "Reimbursement" shall mean the portion of the City Tax Revenues and /or Agreed Upon Payments, which, with respect to the Dock as well as any additional docks erected during the Term, includes only the M &O portion of the City ad valorem taxes and does not include fees or Sales Tax Revenues, that the City agrees to reimburse to the Company according to the table set forth in section 5.3 during the Term of the Agreement if the Company satisfies the conditions of this Agreement. 2.17 "Resident of the City" or "City Resident" means a person that resided in the Corpus Christi Metropolitan Statistical Area (San Patricio County, Nueces County, and Aransas County) ( "MSA "), as stated on that person's application to the Company for employment, prior to January 1St of the year that production for the Project begins, which is when commercial production of a product or provision of a service is achieved at the facility. 2.18 "Sales Tax Revenues" means all revenues attributable to the Dock and /or any additional docks erected during the Term of the Agreement and collected by City from the imposition by City of a municipal sales and use tax at a rate of one percent (1 %) pursuant to Section 321.101(a) and Section 321.103, Texas Tax Code, as amended, or any successor statute; provided, however, that if City ever elects to impose a sales and use tax at a rate other than one percent, then, instead of being based on a sales and use tax at a rate of 1 %, Sales Tax Revenues shall be computed on the actual sales and use tax rate imposed by the City. If the sales and use tax of the City are wholly or partially replaced by the City, then revenues from the replacement tax will be deemed to be sales and use tax revenues received by the City for purposes of calculating Sales Tax Revenues under this Agreement. 2.19 "Term" means the period defined in Article III of this Agreement. ARTICLE III TERM The term of this Agreement (the "Term ") will begin on the Effective Date, as defined in Section 2.7 herein, and shall continue until the end of the year 2033. ARTICLE IV THE COMPANY REQUIREMENTS 4.1 Requirement to Complete Project: The Company shall provide reasonable evidence that they have satisfied the Investment Requirement and the Job Requirement required for Completion of the Project. Should the Company Commence the Project but fail Completion by December 31, 2018 or the Project is considered abandoned, the City shall have the option to terminate this Agreement. 4.2 Annexation by or Industrial District Agreement: If, during the Term of this Agreement, the City proposes to amend its annexation plan to include the land on which the Project is located, the City shall notify the Company in writing no later than one week before Page 8 of 32 Voestalpine Chapter 380 3 -26 -13 such proposal is first placed on the Corpus Christi City Council's Agenda, whether as a closed session or open session item. Additionally, if applicable, the City shall give the Company all notice required under Sections 43.052, 43.0561 and 43.0562 of the Texas Local Government Code. No later than twenty (20) days after the earliest date such notification is received by the Company, the Company may give the City written notification of the Company's request to have the Project placed in an industrial district and be bound by the terms of an industrial district agreement with the City pursuant to Section 42.044 of the Texas Local Government Code, approval of which request will not be withheld by the City. The City agrees to exclude the land on which the Project is located from any proposed amended annexation plan upon receiving the Company's said written notice. Such industrial district agreement, if any, shall be entered into with the City no later than three (3) years and thirty one (3 1) days - (the period of time within which the City must complete an annexation pursuant to Section 43.052 of the Texas Local Government Code as may be amended from time to time) - before the date of termination of this Agreement (the "Execution Deadline ") and will be effective as of the day following the date of termination of this Agreement. If the Company and the Port do not sign such industrial district agreement before the Execution Deadline, pursuant to this Section 4.2, the City may proceed with all procedures necessary to annex the Project. If the Company requests that the Project be placed in an industrial district pursuant to the preceding paragraph, the Port agrees that it will execute the resulting industrial district agreement as the landowner of the land on which the Project is located pursuant to Section 42.044 of the Texas Local Government Code, if it owns the land on which the Project is located at that time. If, under any circumstance, the Company and the Port are parties to an industrial district agreement with the City effective during the Term of this Agreement, the Company shall not be required to make any payments pursuant to any such industrial district agreement during the Term of this Agreement. Notwithstanding, however, that the Company shall be required to make the Agreed Upon Payments as stated in Section 5.3 herein. 4.3 Project General Requirements: The Company shall pay, or cause third parties to pay, all engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, insurance premiums, interest, carry cost, financing fees and other costs and expenses incurred in connection with the construction of such improvements subject to a substantiated dispute of any such costs by the Company. The City shall not be responsible for any of such costs. The Company agrees to assist the City, if so requested by the City, in the preparation of any documentation necessary for the preparation and approval of any of the documents or actions required by the City to perform any of the obligations under this Agreement. The Company further shall prepare or cause to be prepared any preliminary architectural or engineering plans and financial data and projections reasonably necessary to perform the obligations of Page 9 of 32 Voestalpine Chapter 380 3 -26 -13 the City under this Agreement. Upon Completion of the Project and during the term of this Agreement, the Company shall maintain the property, improvements and premises in a commercially reasonable manner, comparable to the maintenance of similar facilities; and -- shall timely pay all taxes assessed against the Property. 4.4 Commencement of the Project. Subject to Section 4.1 herein, subject to acquiring the Property through sale or lease, obtaining financing for the construction of the Project, and the compliance of the City with the terms of this Agreement, if the Company Commences Construction of the Project no later than nine (9) months after obtaining all required permits, the City agrees to pay the Reimbursement Amount as stated in this Agreement. The Company is required to inform the City in writing of the Construction Commencement date, as that term is defined in Section 2.3 herein. If the Company has not Commenced Construction pursuant to this Section, the City has the option to terminate this Agreement. 4.5 Use of Local Resources (A) The Company shall make Reasonable Efforts to fill construction jobs and Full Time Jobs with Residents of the Corpus Christi MSA. "Reasonable Efforts" shall be defined as: (i) the Company shall publish job fair schedules and, to the extent practicable, job postings in the San Patricio Publishing County and Corpus Christi area newspapers; and (ii) the Company shall establish an official web site which will be the official means of informing Corpus Christi MSA Residents of employment opportunities. The website will provide a link to the Texas Workforce Commission's website; and (iii) at least fourteen (14) days prior to the filling of such positions, the Company shall post on its official web site the availability of such positions to inform residents of the City of the employment opportunities. The Company is not required to post the availability of any position once that position has been filled by a Resident of the Corpus Christi MSA. (B) To the extent practicable, the Company shall also give priority to the use of suppliers from the Corpus Christi MSA for construction materials and supplies. The Company shall, to the extent practicable, publish its requirements for goods and services of significant value on its official web site. The Company shall not, however, be required to use goods and services provided by resident suppliers from the Corpus Christi MSA that are not (i) of equivalent quality, functionality, and compatibility to those provided by nonresident suppliers or (ii) made available on terms, conditions and price comparable to those offered by nonresident suppliers. (C) The Company and /or its construction contractor, if any, shall designate a coordinator of local services who will act as a liaison between any individuals, businesses and contractors residing or doing business in the Corpus Christi MSA who are interested in obtaining information about providing goods or services related to the construction of the project. Page 10 of 32 Voestalpine Chapter 380 3 -26 -13 (D) Health Insurance. To qualify for this incentive, the Company shall certify that it has offered a health insurance program for its employees having Full Time Jobs. 4.6 The Company agrees that, without express written approval of the City, the Company may not deed any part of the Project equipment or manufacturing facilities to a tax exempt entity or public entity. ARTICLE V PROJECT FUNDING 5.1 Project Financing: Reimbursement Amount. On or before the later of March 1 of each year or upon final determination of property values by the San Patricio County Appraisal District for Project property located outside of the Corpus Christi city limits and /or by the Nueces County Appraisal District for Project property located within the Corpus Christi city limits, as applicable, pursuant to Section 25. 17 of the Texas Tax Code, during the term of this Agreement, Company shall provide to the City a written statement of its opinion of the market value, sworn to by an official of the Company authorized to do the same. During the Term of this Agreement, the City shall determine annually the amount of the City Tax Revenues and /or Agreed Upon Payments the City is entitled to collect from Company attributable to the Project (less the value of the real property owned by the Port of Corpus Christi and not taxable) in cooperation with the Company pursuant to Section 4.2 hereof. The City shall determine the Reimbursement Amount, as defined herein, that should be reimbursed from City Tax paid and /or Agreed Upon Payments, subject to the Company's Commencement of the Project for the Term of this Agreement, in the percentages stated in the table below in Section 5.3 herein. The City shall maintain complete books and records showing deposits to and disbursements regarding the City Tax and /or Agreed Upon Payments pertaining to the Project, which books and records shall be deemed complete if kept in accordance with generally accepted accounting principles. Such books and records shall be available for examination by the duly authorized officers or agents of the Company during normal business hours upon request made not less than five (5) business days prior to the date of such examination. The City shall maintain such books and records throughout the term of this Agreement and store the same for four years thereafter. 5.2 City Commitment. Pursuant to its authority under Chapter 380, the City hereby agrees to pay the Reimbursement Amount to the Company pursuant to Section 5.3 herein. The City Commitment will begin on January 1 of the calendar year in which Construction Commences for the Project but not to begin before the year 2014, and will continue through and until the end of the Term of this Agreement. The City agrees that it will pay the Reimbursement Amount during the Term of this Agreement, as an unconditional obligation of the City, if the Project is Commenced as required herein. Page 11 of 32 Voestalpine Chapter 380 3 -26 -13 5.3 Reimbursement Amounts to be Paid by City to the Company. The Company shall provide the City evidence of any City Taxes paid and /or Agreed Upon Payments no later than March 1st of each year, stating the Company's figures attributable to the Property (which shall not include Port owned property) and the corresponding amount of City Tax Revenues and Agreed Upon Payments. Within Sixty (60) days of receiving written request from the Company, accompanied by all reasonable supporting documentation from the Company that it has fully complied with its performance requirements, subject to the satisfaction of the Company's Commitments under Article IV herein and the Company's timely and full compliance with all applicable terms and conditions contained in this Agreement, City shall pay to the Company the applicable Reimbursement Amount attributable to the Project based on the percentages stated in the table below for the applicable City Tax Revenues and Agreed Upon Payments collected by City on the Property, subject to the limitations set forth herein. Provided, however, that for each year in which the Reimbursement Amount is 100% of the Agreed Upon Payments paid, the Parties agree that to the extent that the Company provides, at least thirty (30) days before such payments become due, all reasonable supporting documentation from the Company that it has fully complied with its performance requirements, subject to the satisfaction of the Company's Commitments under Article IV herein and the Company's timely and full compliance with all applicable terms and conditions contained in this Agreement, the Agreed Upon Payments payable and the Reimbursement Amount payable hereunder shall be offset so that no funds are transferred between the Parties. [Remainder of page intentionally left blank] Page 12 of 32 Voestalpine Chapter 380 3 -26 -13 Payment of Reimbursement Amounts during the Term. The first year of the table below begins on January 1 of the calendar year in which Construction Commences for the Project but not to begin before the year 2014. Year City Tax Revenues Reimbursement Amount Agreed Upon Payments Reimbursement Amount 2014 100% 100% 2015 100% 100% 2016 100% 100% 2017 100% 100% 2018 100% 100% 2019 1 100% 100% 2020 100% 100% 2021 100% 100% 2022 100% 100% 2023 1 100% 100% 2024 100% 100% 2025 100% 100% 2026 100% 100% 2027 1 100% 100% 2028 100% 100% 2029 100% 100% 2030 100% 100% 2031 100% 66% 2032 100% 33% 2033 100% 0% 5.4 Tax Treatment of Reimbursement. The City agrees that the City Tax Revenue and Agreed Upon Payment reimbursements are being made as a material inducement to the Company to locate the Project in the City limits and /or the City's extraterritorial jurisdiction. The City has been informed that the Company may characterize the reimbursements as a contribution to capital under Section 118(a) of the Internal Revenue Code of 1986, as amended, inasmuch as the Company intends that the reimbursements (i) will become a part of the Company's capital structure, (ii) is not compensation to the Company for any goods or services provided to the City by the Company, (iii) have been bargained for between the Company and the City, (iv) result in a benefit to the Company, and (v) will contribute to the production of additional income. The City acquiesces in such characterization, but shall incur no liability whatsoever if the City's reimbursements are not so characterized by the Internal Revenue Service or other relevant entity. Page 13 of 32 Voestalpine Chapter 380 3 -26 -13 ARTICLE VI COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES OF THE COMPANY If the Company shall have made intentionally any false or substantially misleading statement herein or failed to timely and fully perform as required in this Agreement, such shall be an Act of Default by the Company, subject to Section 9.1 herein. Failure to comply with any one covenant or warranty shall constitute an Act of Default by the Company, subject to Section 9.1 herein. The Company, as of the Effective Date, makes the following covenants and warranties to City, and agrees to timely and fully perform the following obligations and duties. 6.1 Lifl ag tion. No litigation or governmental proceeding is pending or, to the knowledge of the Company or their officers, threatened against or affecting the Company or the Property that may result, in the sole judgment of the Company, in any material adverse change in the Company's business, properties or operation. 6.2 Untrue Statements. To the best of their knowledge, no certificate or statement delivered by the Company to City in connection herewith, or in connection with any transaction contemplated hereby, contains any untrue statement or fails to state any fact necessary to keep the statements contained therein from being misleading except those which have been replaced by subsequent certificates or statements heretofore given to the City in substitution. 6.3 Bankruptcy. There are no bankruptcy proceedings or other proceedings currently pending or contemplated, and the Company has not been informed of any potential involuntary bankruptcy proceedings. 6.4 Licenses and Authority. To the best of their knowledge, the Company has acquired or is in the process of acquiring and maintained all necessary rights, licenses, permits and authority to carry on their respective businesses in the City, the City's extraterritorial jurisdiction and /or San Patricio City, Texas, and will continue to use commercially reasonable efforts to maintain all necessary rights, licenses, permits and authority. 6.5 Payment of Taxes. The Company shall timely pay all taxes due and owing by them to all taxing authorities having jurisdiction. In addition, the Company shall timely pay all employment, income, franchise, and all other taxes hereafter to become due and owing by them, respectively, to all local, state, and federal entities subject, however to their right to contest the same in a lawful manner. 6.6 Timely Completion. The Company acknowledges and agrees that if it fails to Complete the Project within the time periods herein provided, the City has the right to terminate this Agreement as herein provided. Page 14 of 32 Voestalpine Chapter 380 3 -26 -13 i 6.7 Ownership Changes. The Company shall notify City in writing of any changes in ownership of any part of the Project or of the Company within seven (7) days after the Company's knowledge thereof. 6.8 Succession of Ownership. No change of ownership or management of any part of the Project and /or a change of ownership or management of the Company shall abate, waive, terminate or in any way relieve the Company of their respective obligations herein. 6.9 Non - discrimination. The Company agrees that, as to all of the programs and activities arising out of this Agreement, it will not discriminate against any person on the basis of race, color, national origin, sex, or by reason of being disabled. 6.10 Employment of Undocumented Workers. The Company does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving Reimbursement Amount payments, the Company is convicted of a violation under 8 U.S.C. Section 1324a(o,the Company shall repay the Reimbursement Amount payments, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date the Company has been notified of the violation. ARTICLE VII SUSPENSIONS /TERMINATION Subject to the terms of Article V herein and to the extent the City Tax and /or Agreed Upon Payments are not paid upon the following events, City, under the following circumstances, and at its sole discretion, may temporarily suspend making Reimbursement Amount payments under this Agreement and /or terminate this Agreement, without liability to the Company, and all future payment obligations shall automatically cease: 7.1 Receiver. The appointment of a receiver for the Company, or of all or any substantial part of its property, and the failure of such receiver to be discharged within sixty (60) days thereafter. 7.2 Bankruptcy. The adjudication of the Company as a bankrupt under chapter 7 of the Federal Bankruptcy Code. 7.3 Bankruptcy Petition. The filing by the Company of a petition or an answer seeking chapter 7 bankruptcy under the Federal Bankruptcy Code. 7.4 Failure to Comply with Audit Requirements. The failure of the Company to reasonably cooperate with the City in the monitoring process described in Article VIII below. Page 15 of 32 Voestalpine Chapter 380 3 -26 -13 ARTICLE VIII REPORTING AND AUDITING 8.1 Audit by the City. The City may audit the Company's records relative to compliance with the Investment Requirement and the Jobs Requirement to determine their compliance with the terms of this Agreement. This audit will be done by the City or its designee on an annual basis. The Company shall provide the City an annual report, no later than March 1st of each year, stating the corresponding amount of annual capital investment (until the Investment Requirement has been fulfilled), annual payroll, and number of Full Time Jobs created and retained. 8.2 Access to Records / Right to Audit. The Company, during normal business hours and after having after providing three working days prior written notice, shall allow City or its designee reasonable access to its records and books and all other relevant records relative to compliance with the Investment Requirement and the Jobs Requirement but the confidentiality of such records and information shall be maintained by City unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. ARTICLE IX DEFAULT 9.1 Default. Subject to Force Majeure and any consent given under Section 9.2 or variance granted under Section 11.14, should the Company fail to timely, fully and completely keep or perform any one or more of the covenants or warranties made by the Company in this Agreement (but excluding achieving satisfaction of any condition to the Company's right to receive Reimbursement Amount payments under this Agreement), such failure to perform shall be an Act of Default by the Company and, if not cured and corrected within ninety (90) days after written notice to do so or by express waiver by the City, the City has the option to reduce the Reimbursement Amount, suspend payment of the Reimbursement Amount for one year, or terminate this Agreement and cease making any further Reimbursement Amount payments which have not been earned by performance by the Company thereto fore. The Company shall be liable to City for any actual proven damages sustained by the City as a result of said Act of Default by the Company under this Agreement, subject to the provisions of Section 11.16. 9.2 Consent and Excuse. In the event of unforeseeable third party delays which are not Force Majeure and upon a reasonable showing by the Company that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using commercially reasonable efforts, the City may consent to and excuse any such delays, which consent and excuse shall not be unreasonably withheld. Page 16 of 32 Voestalpine Chapter 380 3 -26 -13 9.3 City Delay. Any delay for any amount of time by City in providing notice of Default to the Company hereunder, shall in no event be deemed or constitute a waiver of such Default by City of any of its rights and remedies available in law or in equity. 9.4 City Waiver. Any waiver granted by City to the Company of an Act of Default shall not be deemed or constitute a waiver of any other existing or future Act of Default by the Company or of a subsequent Act of Default of the same act or event by the Company. ARTICLE X CITY'S LIABILITY LIMITATIONS Should City fail to timely, fully and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement, such failure shall be an Act of Default by City and City shall have sixty (60) days to cure and remove the Default after receipt of written notice to do so from the Company. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Permitting. Subject to the Company's complying with all applicable laws, City agrees to cooperate with the Company to expeditiously process permits required for the Project to be in a state of Completion. 11.2 Attorneys' Fees. If any legal action or proceeding is commenced between City and the Company based on this Agreement, the prevailing party in the legal action will be entitled to recover its reasonable attorneys' fees and expenses incurred by reason of such action, to the extent allowed by law. 11.3 Binding. This Agreement will be binding on and inure to the benefit of the parties and their respective successors and assigns. 11.4 Assignment. Except as provided below, the Company may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City, which approval will not be unreasonably withheld or delayed. The City agrees, however, that the Company may assign. in whole or in part its rights and obligations under this Agreement or with respect to all or any part of the Project to any affiliate, subsidiary, related company, partnership or joint venture, as long as the assignee controls, is controlled by, or is under common control with the Company; or to a third party lender advancing funds for the acquisition of all or any part of the Property or for the construction or operation of the Project. The City expressly consents to any assignment described in the preceding sentence, and agrees that no further consent of City to such an assignment will be required. The Company agrees to provide City with written notice of any such assignment. Page 17 of 32 Voestalpine Chapter 380 3 -26 -13 11.5 Termination. If the Company elects not to proceed with the Project as contemplated by this Agreement, the Company will notify City in writing, and this Agreement and the obligations of both parties will be deemed terminated and of no further force or effect as of the date of such notice. Additionally, at any time during the Term following the Completion of the Project, the Company may elect to terminate this Agreement as to any or all parts of the Project which have not been completed and placed in service, by giving the City written notice thereof specifying the part or parts of the Project to which the notice of termination relates. Following the giving of said notice, this Agreement shall terminate and be of no further force or effect as to the part or parts of the Project designated in said notice of termination and all parties shall be fully released of any further obligations under this Agreement relating to said designated part or parts of the Project. 11.6 Notice. Any notice or other communication ( "Notice ") given under this Agreement must be in writing, and may be given: (i) by depositing the Notice in the United States Mail, postage paid, certified, and addressed to the party to be notified with return receipt requested; (ii) by personal delivery of the Notice to the party, or an agent of the parry; or (iii) by - confirmed facsimile, provided that a copy of the Notice is also given in one of the manners specified in (i) or (ii). Notice deposited in the mail in the manner specified will be effective two (2) days after deposit. Notice given in any other manner will be effective only if and when received by the party to be notified. For the purposes of Notice, the addresses of the parties will, until changed as provided below, be as follows: Company: voestalpine Texas LLC Attention: Mr. Bernhard Schlattl (CEO) Suite No. 1600, South Tower 800 North Shoreline Boulevard Corpus Christi, Texas 78401 with a copy to: Company Secretary of voestalpine Texas LLC Suite No. 1600, South Tower 800 North Shoreline Boulevard Corpus Christi, Texas 78401 City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Ph: (361) 826 -3220 Facsimile: (361) 826 -3839 with a copy to: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Ph. (361) 826 -3360 Page 18 of 32 Voestalpine Chapter 380 3 -26 -13 Facsimile: (361) 826 -3239 Port: Port of Corpus Christi Authority Attn.: Executive Director 222 Power Street Corpus Christi, Texas 78401 Ph: (361) 882 -5633 Facsimile: (361) 881 -5171 with a copy to: Leo James Welder, Jr. Welder Leshin, LP 800 N. Shoreline, Ste. 30ON Corpus Christi, Texas 78401 Ph. (361) 561 -8000 Facsimile: (361) 561 -8001 Any party may designate a different address at any time by giving Notice to the other party. 11.7 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. In the event of any dispute regarding the interpretation of this Agreement, this Agreement will be interpreted fairly and reasonably and neither more strongly for nor against any party based on draftsmanship. 11.8 Relationship of the Parties. This Agreement will not be construed as establishing a partnership or joint venture, joint enterprise, express or implied agency, or employer - employee relationship between the parties. Neither City nor its past, present or future officers, elected officials, employees or agents assume any responsibility or liability to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. 11.9 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected and it is also the intention of the parties that, in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 11.10 Paragraph Headings, Etc. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the paragraphs. 11.11 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. Page 19 of 32 Voestalpine Chapter 380 3 -26 -13 11.12 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. A facsimile signature will be deemed to be an original signature for all purposes. 11.13 Exhibits. The following exhibits are attached to and incorporated into this Agreement for all purposes, as if they were set forth herein in their entirety: Exhibit 'W" Project Description Exhibit `B:" Property Description 11.14 Variances. The City, in its sole discretion, may grant and approve variances to the Company from the performance criteria and development standards described herein upon application in writing therefore by the Company. 11.15 Balance Owed under the Agreement. The total amount of money awarded in an adjudication brought against City for breach of this Agreement is limited to the following: (i) the balance then due and owed by City under the Agreement plus any balance which may become due by City during the remaining term of the Agreement, including any amendments thereto; (ii) interest as allowed by law; and (iii) attorney's fees as allowed by law. The Company's liability hereunder shall be limited and capped with any amounts that the Company has been reimbursed for which they were not entitled to be reimbursed. 11.16 Damages not included. Damages awarded in an adjudication brought against City or the Company arising under the Agreement, including any amendments thereto, may not include: (i) consequential damages, except as expressly allowed under Section 11.15 above; (ii) exemplary damages; or (iii) damages for unabsorbed home office overhead. ARTICLE XII GENERAL TERMS 12.1 Entire Agreement. This Agreement embodies the complete Agreement of the parties hereto, superseding all oral or written, previous and contemporary, agreements between the parties relating to matters in this agreement; and, except as otherwise provided herein, this Agreement cannot be modified or amended without a written agreement of the parties. 12.2 Law. This Agreement is subject to all legal requirements of Texas and all other applicable County, State and Federal laws, and the Company agrees that it will promptly comply with all such applicable laws, regulations, orders and rules of the State, County and other applicable governmental agencies. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas without regard, however, to the conflicts of laws provisions of Texas law. Page 20 of 32 Voestalpine Chapter 380 3 -26 -13 12.3 Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 12.4 Confidential. City, its officers and employees, and its agents or contractors retained to perform economic development services for City, shall treat as confidential the financial statements and information together with any proprietary information delivered by the Company or its respective representatives to City and its representatives and shall not release r such information to the public, unless required by law or court order. City shall immediately F notify the Company of requests or court orders to release such information. [Remainder of page intentionally left blank] Page 21 of 32 Voestalpine Chapter 380 3 -26 -13 EXECUTED to be effective as of this day of voestalpine Texas LLC Signed on thi L day of r )'L J , 2013 Schlattl (CEO) CITY OF CORPUS CHRISTI, TEXAS \I Mr. Erich Pizzera (CTO) Signed on this day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, Ronald L. Olson City Secretary City Manager PORT OF CORPUS CHRISTI AUTHORITY Signed on this day of , 2013 ATTEST: K� / /J,." 'a 6� (NAME),e-#ACLw:5 . ,Z NNE R. (TITLE) Coin1NZ614AU 60C�C -7"- j 2013 PORT OF CORPUS CHRISTI AUTHORITY A 9 John LaRue Executive Director Page 22 of 32 Voestalpine Chapter 380 3 -26 -13 EXHIBIT A Project Description voestalpine plans to construct iron and steel (including the processing of iron and steel) facilities potentially in multiple phases, the first phase of which shall be a direct reduced iron ( "DRI ") plant for the production of hot briquetted iron ( "HBI ") with an estimated annual production of 2,000,000 tonnes, with a capital investment of up to $700,000,000 and the creation of up to 150 jobs. The total investment of up to $700,000,000 will be comprised of approximately $40,000,000 for the construction of buildings and $660,000,000 for the costs of machinery, equipment, the erection of the dock and its equipment and construction services. Of the $660,000,000 for the costs of machinery, equipment and construction services, $55,000,000 is expected to be spent on pollution reduction equipment. The DRIMBI plant covers an area of 82 acres for Phase I as set forth in the below layout. Approximately 14,000 tonnes of structural steel, 10,000 tonnes of mechanical equipment, 1.6 million W of reinforced concrete and 540,000 ft2 of road surface will be constructed and installed. The reduction of the iron ore takes place in a 400 foot high DRI- tower, which holds an 800 tonnes reactor vessel. Depending on the chosen technology, a 300 foot long and 30 foot wide natural gas reformer is required. Further, up to 31 buildings with a total floor space of approximately 400,000 ft2 will be constructed. Handling the in -bound and out -bound materials requires the construction of a 1,030 foot long and 100 foot wide high - performance dock with two unloading cranes and one ship loader (see Exhibit B for the East Dock). The equipment is designed to handle 3.0 million tonnes of iron ore pellets and 2.0 million tonnes of HBI annually. DRI is produced from direct reduction of iron pellets (approximately 3,000,000 tonnes p.a. brought in per ship) by a reducing gas produced from natural gas. The high iron content and other favorable metallurgical properties make DRI an excellent high quality feedstock for electric arc furnaces and other steelmaking processes. For easing transportation and handling, the pellet -sized DRI is briquetted /compacted into palm -sized HBI. A part of the plant's production output will be transported to Europe per ship as a feedstock for voestalpine's blast and blast oxygen furnaces. This allows voestalpine to 1) boost crude steel production, 2) substitute coke, scrap and other raw materials, and 3) lower voestalpine's carbon footprint due to the use of natural gas instead of coke. The remaining capacity will be made available to the market, preferably to long -term customers. Included in this Project is the Dock that may be owned by the Company or an entity other than the Company. Page 23 of 32 Voestalpine Chapter 380 3 -26 -13 During the Term of this Agreement additional iron and steel (including the processing of iron and steel) facilities as well as docks (see Exhibit B for the West Dock) may be built by the Company on the Property. Page 24 of 32 Voestalpine Chapter 380 3 -26 -13 Exhibit B Property Description r Metes and Bounds of the 475.52 -Acre Plant Site FIELD NOTES to describe the boundary of a 475.52 -acre tract of land out of a called 930.28 -acre tract known as Tract II in "Exhibit A ", said 930.28 -acre tract being a portion of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2496.66 -acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of portions of the T.T. Williamson Surveys, Abstract 286, Abstract 287, Abstract 288, and Abstract 289, and the J. Gerraghty Survey, Abstract 139, all being in San Patricio County, Texas, said 475.52 -acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 1" iron pipe found on the north line of said 930.28 -acre tract for the southwest corner of Tract III in "Exhibit A" of said 1089.34 -acre tract and for an interior corner of said 1089.34 -acre tract, said 1" iron pipe having Texas State Plane Coordinates of X= 1377726.63 and Y= 17220150.79, thence South 49045'13" West a distance of 161.84 feet to a 5/8" iron rod with red plastic cap stamped "HYDRO EX SURVEYING" set for the POINT OF BEGINNING; THENCE South 17 °44'36" East, being 250 feet west and parallel to the east line of said 1089.34 -acre tract, a distance of 5,516.07 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE South 52'16'42" West, a distance of 186.27 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 17 °44'44" East, being 425 feet west and parallel to the east line of said 1089.34 -acre tract, a distance of 1,454.17 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE South 05 °00'40" East, a distance of 2,033.63 feet to a 5/8" iron rod with said red plastic cap set for the southeast corner of the herein described tract; THENCE South 78'20'12" West, a distance of 198.27 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE North 07 °29'58" West, a distance of 1,748.16 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 78 °19'34" West, a distance of 2,910.34 feet to a 5/8" iron rod with said red plastic cap set for the southwest corner of the herein described tract; THENCE North 01 ° 15'10" West, being approximately 470 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 967.53 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; Page 25 of 32 Voestalpine Chapter 380 3 -26 -13 THENCE South 73 °03'57" West, a distance of 181.77 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE North 01 °15'07" West, being approximately 295 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 3,882.65 feet to a 5/8" iron rod with said red plastic cap set for a corner, the P.C. of curve for an interior corner of the herein described tract; THENCE in a Northwesterly direction, with the arc of said circular curve to the left, whose Central Angle is 60 °42'3411, whose Radius is 1,627.00 feet, and Arc Distance of 1,723.94 feet to a 5/8" iron rod with said red plastic cap set for a corner, the P.T. of said curve, for an exterior corner of the tract herein described; THENCE North 09 °28'59" East, being 100 feet east and parallel to the west line of said 930.28 -acre tract, a distance of 2,181.12 feet to a 5/8" iron rod with said red plastic cap set for the northwest corner of the herein described tract; THENCE South 70 °28'50" East, being 140' south and parallel to the north line of said 930.28 -acre tract, a distance of 2,016.12 feet to a 5/8" iron rod with said red plastic cap set for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 475.52 acres (20,713,669 square feet) of land, more or less. Page 26 of 32 Voestalpine Chapter 380 3 -26 -13 Page 27 of 32 Voestalpine Chapter 380 3 -26 -13 East Dock Metes and Bounds 6.0620 -Acre Tract "EAST DOCK SITE" FIELD NOTES to describe an exhibit of a 6.0620 -acre tract of submerged lands herein referred to as the "East Dock Site" being a portion of a called 930.28 -acre tract known as Tract II and a portion of a called 21.98 -acre tract known as Tract IV - Submerged Tract, both in "Exhibit A" of a called 1089.34 - acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2496.66 acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of a portion of the T.T. Williamson Survey, Abstract 288, in San Patricio County, Texas and the State of Texas Submerged Land Tracts, Tract I, in Nueces County, Texas, said 6.0620 -acre tract being more particularly described by metes and bounds as follows; COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked "Quintana 1933", said monument having Texas State Plane Coordinates of X 1377525.05 and Y= 17211356.21, thence South 86 °23'30" East a distance of 2,042.49 feet to a 518" iron rod found for an exterior corner of a 475 .52 acre tract of land recently surveyed and monumented in November 2012 within the limits of said 1089.34 acre tract for an exterior corner of the 6. 0620 -acre tract herein described for the POINT OF BEGINNING; THENCE North 78 °20'12" East, along the south line of said 475.52 -acre tract, a distance of 198.27 feet to a 518" iron rod found for an exterior corner of said 475.52 -acre tract and for an exterior corner of the herein described tract; THENCE South 11'39'48" East, a distance of 165.33 feet to a point for an interior corner of the herein described tract; THENCE North 78'20'12" East, a distance of 68.77 feet to a point for the northwest corner of a called 58.07 -acre tract of submerged lands known as Tract I, Parcel 6 described in a deed to BPU Reynolds, Inc. as recorded in Document No. 2001000017, Deed Records, Nueces County, Texas for the northeast corner of the herein described tract; THENCE South 07 °00'40" East, along the west line of said 58.07 -acre tract, a distance of 260.60 - feet to a point for the southwest corner of said 58.07 -acre tract, fora bend point in the P.O.C.C.A. North Bulkhead Line, and for the southeast corner of the herein described tract; THENCE South 78'20'12" West, along said north bulkhead line, a distance of 1060.00 feet to a point for the southwest corner of the herein described tract; THENCE North II 039148" West, a distance of 200.00 feet to a point for the northwest corner of the herein described tract; THENCE North 78'20'12" East, a distance of 797.71 feet to a point for an interior corner of the herein described tract; THENCE North 07 029'58" West, a distance of 225.67 feet to a 5/8" iron rod found for an exterior corner of said 475.52 -acre tract and for an exterior corner of the herein described tract and the POINT OF BEGINNING,, CONTAINING within these metes and bounds 6.0620 acres (264,060 square feet) of land, more or less. Page 28 of 32 Voestalpine Chapter 380 3 -26 -13 Page 29 of 32 Voestalpine Chapter 380 3 -26 -13 West Dock Metes and Bounds 4.7291 -Acre Tract "WEST DOCK SITE" FIELD NOTES to describe an exhibit of a 4.7291 -acre tract of submerged lands herein referred to as the "West Dock Site" being a portion of a called 21.98 -acre tract known as Tract IV - Submerged Tract, is "Exhibit A" of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of the State of Texas Submerged Land Tracts, Tract 1, in Nueces County, Texas, said 4.7291 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked "Quintana 1933 ", said monument having Texas State Plane Coordinates of X= 1377525.05 and Y= 17211356.21, thence South 68 °14'28" East a distance of 1,385.35 feet to a point for the northwest corner of a called 6.0620 acre tract referred to as the "East Dock Site ", described by separate instrument, and for the northeast corner of the herein described tract for the POINT OF BEGINNING; - -- THENCE South 11 °39'48" East, along the common line of said 4.7291-acre tract and the 6.0620 acre tract, a distance of 200.00 feet to a point on the P.O.C.C.A. North Bulkhead Line for the southwest corner of said 6.0620 -acre tract and for the southeast corner of the herein described tract; THENCE South 78 °20'12" West, along said north bulkhead line, a distance of 1030.00 feet to a point for the southwest corner of the herein described tract; THENCE North 11 °39'48" West, a distance of 200.00 feet to a point for the northwest corner of the herein described tract; THENCE North 78 °20' 12" East, being 200 feet north and parallel to the north bulkhead line, a distance of 1030.00 feet to a point for the northwest comer of said 6.0620 acre tract and for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within Page 30 of 32 Voestalpine Chapter 380 3 -26 -13 Page 31 of 32 Voestalpine Chapter 380 3 -26 -13 voestalpine Layout of Phase I t: g'A lit f�j11I It 1II i 5 1 ° p % i rl 3 .. z L 1ET ` .yi iFi n�'ST y, IR —_- I � i A P y ir' � 46 k A 7 t 3,z,ynp�T t I- - r Page 32 of 32 Voestalpine Chapter 380 3 -26 -13 to DATE: March 28, 2013 TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2013 FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 RESOLUTION REQUESTING STATE LEGISLATION ALLOWING LOCAL GOVERNMENTS THE OPTION TO GENERATE REVENUE FOR STREET REPAIR AND MAINTENANCE WITH ADDITIONAL FINANCING TOOLS. CAPTION: Resolution encouraging the 83 d Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. PURPOSE: To encourage support by the Coastal Bend legislative delegation of legislation that would authorize municipalities to generate revenue to fund street repair and maintenance through local option vehicle registration fees, gasoline taxes or other mechanism. BACKGROUND AND FINDINGS: The Council adopted a legislative policy priority on October 16, 2012, that recommended giving local governments access to a variety of financing tools, and further recommended removing any restrictions that limit flexibility to use economic incentives to address community- specific transportation infrastructure needs through all project phases. No localized legislation was drafted to generate additional revenue for transportation projects, such as city street repairs and maintenance. Since pre - filing of legislation began on November 12, 2012, the IGR Director has reviewed all bills related to transportation funding and continues to track them throughout the session. Bills are identified which may deal with the subject of funding transportation infrastructure and determine whether they are specific to funding for the Texas Department of Transportation (TxDOT) or whether they are specific to local funding. If any bills are germane to local transportation funding, but which need an amendment to achieve the City's goal, the IGR Director and /or the City's lobby team communicate with the author of the bill. The majority of transportation funding bills filed this session address funding for the TxDOT and only a few address funding needs at the county level — not municipal. As the Mayor and City Council work with City staff on development of a street user fee system, there is still significant Council interest in exploring a local funding option through legislative action. Council requested City staff to prepare a resolution to send to members of the Coastal Bend legislative delegation recommending that they take action during the 83 d Regular Session of the Texas Legislature to enact legislation that would authorize municipalities to generate revenue to fund street repair, rehabilitation, and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. Given the lack of local option funding legislation, the City Council wanted to remind members of the Coastal Bend legislative delegation of the need for additional transportation project financing tools. ALTERNATIVES: The City Council could: (1) Adopt the resolution, (2) Vote against the resolution, or (3) take no action. It is too late in the Regular Session to consider filing a local- option bill empowering only the City of Corpus Christi due to public notice requirements and the limited number of days remaining in the 140 day session. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY /NON- EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Assistant City Manager for Public Works; Assistant City Manager for Business Support Services; City Attorney FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: 1. Resolution RESOLUTION ENCOURAGING THE 83RD TEXAS LEGISLATURE TO ENACT LEGISLATION AUTHORIZING MUNICIPALITIES TO GENERATE REVENUE TO FUND STREET REPAIR AND MAINTENANCE, THROUGH LOCAL OPTION VEHICLE REGISTRATION FEES, GASOLINE TAXES OR OTHER MECHANISM. WHEREAS, The City of Corpus Christi has approximately 1,204 miles of streets; and WHEREAS, Over the years, numerous factors, including funding constraints and new street miles being added to the city's inventory at a faster rate than the growth of the tax base and population, have resulted in deferred maintenance of city streets, and furthered deterioration of the street infrastructure; and WHEREAS, Street maintenance has been deferred to the point that 50% of City streets are considered to be in "Fair" and "Good" condition and 50% are considered to be in "Poor" condition. It is important for the City to prevent the Good streets from further deterioration; and WHEREAS, Street maintenance is current funded at approximately $11 million of which approximately 50% is used towards preventative maintenance (seal coat and crack sealing) and 50% towards reactive street work (pot hole repair, base failures, utility cuts, etc.); and WHEREAS, In order to get on a systematic seven -year preventative maintenance cycle, the City would need an additional $15 million a year; and WHEREAS, In November of 2010, the City Council passed a resolution approving the formation of the Street Maintenance Finance Ad Hoc Advisory Committee to evaluate various funding options, and further, on January 31, 2012, the Final Report from the Committee was presented to City Council recommending adoption of a Street User Fee and examination of alternative /additional funding mechanisms, policy changes and a recommended funding level of $55 Million per year; and WHEREAS, After evaluating the Committee report, the City Council agreed that a minimum of an additional $15 million per year is needed for street maintenance; and WHEREAS, Over 19 presentations or action items have been brought to City Council since 2010, to create a Street Improvement Plan; and WHEREAS, The City Council adopted a legislative policy priority on October 16, 2012, that recommended giving local governments access to a variety of financing tools, and further recommended removing any restrictions that limit flexibility to use economic incentives to address community- specific transportation infrastructure needs through all project phases; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS That the Corpus Christi City Council hereby Encourage the 83rd Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair, and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism; and BE IT FURTHER RESOLVED, that copies of this resolution be presented to members of the Coastal Bend legislative delegation. PASSED AND ADOPTED this sixteenth (16th) day of April, 2013. APPROVED this sixteenth (16th) day of April, 2013. Mayor of the CITY OF CORPUS CHRISTI Pursuant to Article XXX, Section XXX, CORPUS CHRISTI City Charter, the effective date of the foregoing resolution is City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott E i7ibl 1 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 1013 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: 4/1/2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods a(kctexas.com 361- 886 -2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund PURPOSE: Accept and appropriate the grant to utilize the funds BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 20, 2013 - June 2, 2013. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1100 safety belt citations and 100 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 201, and 2012 ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY/ NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $23,992.90 $23,992.90 BALANCE $23,992.90 $23,992.90 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant Agreement Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund 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 all documents necessary to accept a grant from the Texas Department of Transportation in the amount of $23,992.90 for the FY2013 Click It Or Ticket program grant. SECTION 2. That $23,992.90 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department.. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor Ed Organization Name: City of Corpus Christi - Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2013- CorpusPD -CIOT -00015 Period: 05/01/2013 to 06/22/2013 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2013. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.600 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 069457786 Project Title-STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 05/01/2013 or on the date of final signature of both parties, whichever is later, and ends on 06/22/2013 unless terminated or otherwise modified. Total Awarded: $23,992.90 Amount Eligible for Reimbursement: $23,992.90 Match Amount: $0 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi [Authorized Signature] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission [District Engineer Texas Department of Transportation] [Name] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Educational Institutions; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no 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. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: This Agreement is terminated in writing with the mutual consent of both parties; or There is a written thirty (30) day notice by either party; or The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." 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. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee 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. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: ttp://www.dot.state.tx.us/cso/defauIt.htm. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.uckleutexas.com. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e -mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self- sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi City of Corpus Christi 2013 - CorpusPD -CIOT -00015 Printed On: 4/8/2013 2013 - CorpusPD -CIOT -00015 Printed On: 4/8/2013 0 AGENDA MEMORANDUM xi First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: 2/28/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Lemonade Day Ordinance CAPTION: Ordinance authorizing the Corpus Christi Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events PURPOSE: Lemonade Day is a free, citywide program dedicated to teaching children how to start, own and operate their own business through the simple and time - honored act of building and running a lemonade stand. The Corpus Christi Nueces County Public Health District is requesting that all fees and inspections be waived in support of the Lemonade Day Program. BACKGROUND AND FINDINGS: Since 2007, the Lemonade Day Program has grown to thirty -one cities across the United States and has120,000 participants. This will be the first year that the City of Corpus Christi will participate and expects to have over 600 children register for the program. ALTERNATIVES: Corpus Christi - Nueces County Public Health District would charge for fees and permits needed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval require for acceptance of this waiver. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): 1020 General Fund Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the Corpus Christi Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Nueces County Public Health District is authorized to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary th day of , Nelda Martinez Mayor DATE: 3/11/2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2013 Second Reading Ordinance for the City Council Meeting of April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant FY 12 -13 Approval of grant amendment to extend contract period and increase funding CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services (DSHS) in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30,2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. PURPOSE: The WIC's Grant amendment allows the Health District division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for WIC is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item approves an amendment extending the contract with the DSHS to provide services at the Corpus Christi- Nueces County Public Health District (CCNCPHD) to over 5,000 low income clients per month. The term of the initial contract was 10/01/12 thru 3131113 but with the approval of a 6 month extension, the contract term will now be from 10/01/2012 through 09/3012013, with an increase in funding in the amount of $464,069, changing the total amount of funding from $442,380.00 to $906,449.00. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the CCNCPHD OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: CCNCPHD Legal Finance - Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating © Revenue a Capital n Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 442,380 $ 442,3$0 Encumbered / Expended Amount This item $464,069 $464,069 BALANCE $906,449 $906,449 runa(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2013 - 042712 Program Attachment #001A Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30, 2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 to September 30, 2013, therein changing the term of the contract from October 1, 2012 thru March 31, 2013 to October 1, 2012 thru September 30, 2013. Additionally the City Council ratifies acceptance of the grant extension amendment to begin as of February 26, 2013. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend Program Attachment # 001 (Program Attachment) to Contract # 2013 - 042712 (Contract) in accordance with this Amendment No. 001A: NSS/WIC LOCAL AGENCY, effective 02/26/2013. The purpose of this amendment increase is to extend contract period from 3/31/13 to 9/30/2013 and increase funding. Therefore, DSHS and Contractor agree as follows: It is mutually agreed by and between the contracting parties to amend the terms and conditions of Document No. 2013 - 042712 as written below. Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. 4" 001A Contract Term Date is revised to read as follows: TERM: 10/01/2012 THRU: 03, %4/2013 09/30/2013 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA # 10.557.000; 10.557.013 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed $442,380.00 S906,44900 Page - I of 2 All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Date Bob Burnette, C.P.M., CTPM Signature of Authorized Official Date: Name: Director, Client Services Contracting Unit Title: 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Address: Phone: Bob.Burnette @dshs.state.tx.us Email: Page - 2 of 2 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 8, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Amendment to the Lease of International Westside Baseball to add additional baseball fields at Greenwood /Horne Youth Sports Complex CAPTION: Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. PURPOSE: Amend the International Westside Baseball lease to add the Westside Pony Baseball fields. BACKGROUND AND FINDINGS: The City Council approval is required to amend leases for City property. Attached is background information on this item. ALTERNATIVES: Do not approve the Amendment OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council action is required to approve the lease amendment. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: none RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Attachments Ordinance Lease amendment Parks and Recreation Westside Baseball Fields 2012 Schedule Summary JANUARY - MAY TournamentDates April 21— 22 April 28 — 29 Pract ice Rentals — TravelTeams January 4 days February days March 2 days InternationalWestsidePonyLeagueUsage March 26 — May 12 (Monday and Wednesday Nights) — Schedule Attached Used Parking lot for coke sale pick up- April 2 Held Mid - season Tournament -April 18 — 21 JUNE — AUGUST TournamentDates May 12 —13 June 16— 17 July 14 -15 August 17 —19 PracticeRentals — TravelTeams May 2 days June 2 days Parksand Recreation HighSchoolLeague June 25 — August 10 (Schedules Attached) SEPTEMBER - DECEMBER TournamentDates September 8 - 9 September 22 — 23 December 21— 23 PracticeRentals — TravelTeams October 2 days November days December4 days 1 Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to execute an amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex for its baseball program. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , Nelda Martinez Mayor Amendment No. 2 to the tease Agreement between the City of Corpus Christi and International Westside Baseball Whereas, on March 27, 2012, a lease agreement was authorized with International Westside Baseball, "Lessee ", regarding use of property at Greenwood /Horne Youth Sports Complex, "Lease Agreement "; Whereas, the parties desire to amend the Lease Agreement to revise the leased premises Now, therefore, the parties agree to amend Section 3 of the Lease Agreement by addition of the following underlined text and revised Exhibit B: 1. Section 3. Premises and Improvements. (A) City leases to Lessee the Premises, as described and delineated in Exhibit B the site map of which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "improvements ") including, without limitation the fields fences, irrigation systems, and grassed areas. (B) Exhibit B Premises is amended to add the additional area shown as "Westside Pony. Baseball League" on the attached Exhibit B but excluding the following 2013 dates: March 2 -3 April 6 -7 May 18 -19 June 15 -16 July 13 -14 August 10 -11 September. 14 -15 October 12 -13 November 9 -10 December 1415 During. these dates the fields labeled as "Westside Pony Baseball League" fields on Exhibit B will be used exclusively for tournaments which had been previousl approved by City Parks and Recreation. 2. All other terms and conditions of the Lease Agreement remain in effect. 3. This Amendment takes effect upon date of City Council approval. Executed in duplicates, each of which shall be considered an original on this the day of '2013. City of Corpus Christi By: Ronald L. Olson, City Manager International Westside Baseball By: Name: � President Date: 1 I I f �r% Or I IX Flo, I NO On %PE k ATTACHMENT Recent History of the Westside Fields Westside Pony Baseball was in existence up until 2007. They then became Westside Little League. They lost the Pony charter due to organization violations. Westside Little League was in operations for one year and then folded. The Parks and Recreation Department took over the three fields in 2008, which were in very poor condition. Since then, we have put in many man hours, and thousands of dollars into the improvement of the fields. Athletics has had many compliments about the current field conditions. The Department has invested approximately $186,000 over the last five years to bring the fields back up to standard. Parks and Recreation currently runs high school baseball league averaging 24 teams. The fields are also rented for league play, tournament play, and practice. Anyone interested in renting the fields does so by contacting the Athletics Division, which maintains a yearly schedule so there are no conflicts. International Westside has been given use of one field (smaller field) for use to have one team that plays in the Police Athletic League. Parks and Recreation Programming Information Related to Westside Fields 1. Funds invested to bring fields up to standard $186,000 2. Financial — FY2012 Revenue $51,216 FY2012 Expenses $27,233 3. Current League Participants — High School Teams - number of teams — 21 to 28 4. Tournaments - - number per year - 10 - number of teams each per tournament — 12 -16 - number of dates already reserved for 2013 -.10 5. Already providing field usage to International Westside Mondays and Wednesdays and an occasional Saturday for tournaments on one field per International Westside request. ATTACHMENT B International West Side 4033 Greenwood Dr. Corpus Christi, Texas 78416 Dear Michael Morris, I Ruben M. Riojas (IWS League President) and the current board members request that West Side Base Ball fields be leased to me and the current board members from International West Side League. Fields will be utilized for baseball play by the west side neighborhood bids giving them the opportunity to play ball in their immediate neighborhood. We will be hosting the age groups of 13 -- 3.4 year olds for the Bony Baseball season. We will be looking into Inter - Leaguing with other Bony Baseball Organizations in the Corpus Area. When the high school season ends we will be offering all high schools the opportunity to play a condensed season and then participate in the Pony Baseball All- Stars. During the fall (Sep, Oct & Nov) we will offer a fall season far ..1 thru 18 year old players. Please help us obtain the Lease to West Side Baseball fields so our kids from the West Side of Corpus Christi can have a place to call home. Thank You, uben M. Riojas IWS President League plan to utilize West Side Base Ball Complex 1. We have contacted coaches for the 11/12 year old (Bronco Div) and 13/14 year old (Pony Div). As of Monday January 14, 2013 we have the following commitments. Ernie Ochoa Giants 11/12 y/o 13 players Roland Ayala River Cats 11/12 y/o 13 players Dennis Ruiz Knights 11/12 y/o 13 players Eric Medina Giants 13/14 y/o 13 players Joe Tovar Bears 13/14 y/o 13 players Alex Ayala River Cats 13/14 y/o 13 players 2. We will also Inter - league with CCPal bringing approximately 3 teams with 13 players each. 3. We are in the process of passing out flyers to the middle schools in our area advertising Our 11 -14 year old program. 4. We are also in the process of calling all IWS players that are moving up to this division. S. When the high school season ends we will be offering all high schools the opportunity to Play a condensed season and then participate in the Pony Baseball All- Stars, 6. During the fall (Sep, Oct & Nov) we will offer a fall season for 11 thru 18 year old players. Please help us obtain West Side Sports Complex so our kids from the West Side of Corpus Christi can have a place to call home. Thank You, Ruben M. Riojas IWS President PARKS & RECREATION '" 18 U" EAST Division 1. P. A. Marlins 2. Si nton 3. Magic 4. King 5. Gregory Portland 6. Bishop 7. Carroll 8. West Oso 9. Moody Jrs. 10 Ray ALL GAMES WILL BE PLAYED ON MONDAYS & WEDNESDAYS SECOND TEAM IS HOME TEAM; DUGOUT ON THE 3RD BASE SIDE. Monday, 6/25/1 6:00 8 - 2 Westside # 1 6:00 7 - 5 Westside # 2 7:00 3 - 10 Dulak 8:00 1 - 9 Westside # 2 Monday, 7/9/12 6:00 1 - 3 Westside # 1 6:00 5 - 4 Westside # 2 6:00 6 - 7 Dick Runyan 8:00 2 -1 8 Westside # 1 8:00 8 - 3 Westside # 2 8:00 10-9 -9 Dick Runyan Wednesday, 7/18/12 6:00 2 -6 Westside # 1 Westside # 1 6:00 10 - 2 Westside # 2 6:00 4 - 7 Dulak 8:00 9 - 8 Westside # 1 8:00 5 -6 2 Westside # 2 Wednesday, 6/27/12 6:00 5 - 3 Westside # 1 6:00 6 - 8 Westside # 2 8:00 2 - 7 Westside # 1 8:00 9 - 4 Westside # 2 Wednesday, 7/11/12 6:00 3 - 7 Westside # 1 6:00 4 - 6 Westside # 2 6:00 9 -5 Dick Runyan 8:00 10-6 8 Westside # 1 8:00 4 - 2 Westside # 2 Monday, 7/23/12 6:00 4 - 1 Westside # 1 6:00 7 - 9 Westside # 2 6:00 8 - 10 Dulak 8:00 6 - 1 Westside # 1 8:00 3 - 4 Westside # 2 8:00 2 - 5 Dulak 4-A 4 j CORPUS CHRISTI P Z=t Monday, 7/2/12 6:00 1 - 7 Westside # 1 6:00 9 - 6 Westside # 2 6:00 3 -2 Dick Runyan 8:00 7 - 8 Westside # 1 8:00 1 - 5 Westside # 2 8:00 4-10 -9 Dick Runyan Monday, 7/16/12 6:00 1 - 8 Westside # 1 6:00 5 - 10 Westside # 2 6:00 6 - 3 Dick Runyan 8:00 8 - 4 Westside # 1 8:00 10-1 Westside # 2 8:00 2 -9 Dick Runyan Monday, 7/30/12 6:00 9 - 3 Westside # 1 6:00 5 - 8 Westside # 2 8:00 7 - 10 Westside # 1 PARKS & RECREATION "18 U"WEST Division 1. Rockport 2. S. D. Powerhouse 3. Miller 4. Ray 16's 5. Hornets 6. G.P. #1 7. Moody Sophmores 8. Kingsville 9. G.P. #2 10 Orange Grove 11 STX ALL GAMES WILL BE PLAYED ON TUESDAYS & THURSDAYS SECOND TEAM IS HOME TEAM; DUGOUT ON THE 3RD BASE SIDE. Tuesday,6 /26/1 6:00 5 - 9 Westside # 2 6:00 7 - 2 Dick Runyan 8:00 8 - 11 Westside # 1 8:00 6 - 10 Westside # 2 Thursday, 7/5/12 6:00 8 - 5 Westside # 1 6:00 11 - 3 Westside # 2 6:00 4 - 6 Westside # 1 8:00 8 - 3 Westside # 2 8:00 9 - 7 Dick Runyan Tuessday,7 /17/12 6:00 1 - 11 Westside # 1 6:00 10 - 2 Westside # 2 6:00 3 -5 - 5 Dulak 8:00 10-9 8 Westside # 1 8:00 2 - 4 Westside # 2 Thursday, 6/28/12 6:00 10 - 3 Westside # 1 6:00 4 - 8 Westside # 2 8:00 11 - 5 Dick Runyan 8:00 7 - 8 Westside # 2 Tuesday,7 /10/12 6:00 2 - 9 Westside # 1 6:00 7-11 Westside # 2 8:00 9 - 6 Westside # 1 8:00 1 - 7 Westside # 2 8:00 3 - 4 Dick Runyan Thursday, 7/19/12 6:00 7 - 8 Westside # 1 6:00 2 -3 Westside # 2 6:00 4 - 1 Dulak 8:00 8 - 2 Westside # 1 8:00 5 -7 Westside # 2 8:00 11 - 10 Dulak Tuesday, 7/3/12 6:00 7-10 6 Westside # 1 6:00 2 - 1 Westside # 2 6:00 5 - 4 Dick Runyan 8:00 1-10 - 1 Westside # 1 8:00 6-11 Westside # 2 8:00 3 -9 Dick Runyan Thursday, 7/12/12 6:00 5 - 6 Westside # 1 6:00 9 - 1 Westside # 2 8:00 4 - 7 Westside # 1 8:00 3 - 1 Westside # 2 Tuesday, 7/31/12 6:00 8 - 10 Westside # 1 6:00 7 - 6 Westside # 2 6:00 9 - 11 Dulak 8:00 10 - 4 Westside # 1 8:00 2 - 5 Dulak 4-A 4 j CORPUS CHRISTI P li=t Thursday, 8/2/12 6:00 6 - 2 Westside # 1 6:00 4 - 9 Westside # 2 6:00 1 - 8 Dulak 8:00 3 -6 Westside # 1 8:00 11 - 2 Westside # 2 8:00 5 -1 Dulak Parks and Recreation High School Baseball League Coaches Comments Asked three main questions: 1. How important do you think City's Park and Recreation high school baseball league is for the community. 2. What is the benefit of the city league compared to an organizational league such as Little League or Pony League. 3. What are your feelings about the city giving up the Westside fields to a sanctioned organization. (Moody Magic) — City League, It's the highlight of the summer. Coaches get to observe up and coming underclassmen as well as get work in with underclassmen. City league is non - biased, caters to teenagers and puts on a fair program. Others line pockets for profit. Not great idea to give up fields. We would lose kids that need baseball as an avenue to stay busy and off the streets. (Sinton Pirates) - City League is only league that caters to H.S. baseball during summer. Would have to travel to San Antonio to play otherwise. There are numerous leagues in town for the younger kids but none for H.S. Not great idea to give up fields (King Mustangs) - There is a demand for H.S. summer baseball and Parks and Recreation is the only league in town. Convenient, in town centralized. Other leagues cater to youth Oso, Southside, IWS, Northwest, Padre to many to name. Why giveaway Westside fields? (Moody Sophomores) - Brings the high school community together. Keeps them busy. Allows player development. Non - Sanctioned means no extra fees besides registration. Against giving up fields, no other H.S. league in town. (Ray Texans) — It's the only H.S. league in town, so we enjoy seeing /playing rivals and fine tuning the players. I think it is important. (Flour Bluff Hornets 16 Under) — City League is Vital to the community. Provides a complex that is centralized, and brings friends and foes together for a fun & competitive games. There are not restrictions, frozen rosters or sanction fees. Giving up fields would hurt H.S. Division. (STX Southside Team) — City league is very important. City league does H.S. and keeps teams together. Other Leagues Don't. Not good to give up fields for other people to benefit. (Kingsville) —Very Important, get to play a lot of baseball. City H.S. ball, they can bring in a whole team and don't have to be put on a different team, it's good for school kids to play together. Against giving up city fields. City does a good job. (Ray, Moody, IWA) —Very important keeps kids busy and out of trouble. Can play with school and get ready for school ball on all levels. Who would it benefit to give up fields. Fields look good and have improved very much and good conditions make it safer from injury.. (Southside and Flour Bluff) -Very important for kids to grow and learn good things. City provides a higher level of competition because you play against different kids and not just kids in your district. It will be a shame for city to give up the fields, so other people can benefit their pockets and not in it for the kids. (G.P.) - Important, gives kids a chance to play ball especially H.S. Team. Keeps them active and out of trouble. It's a benefit for high school level. Not a good idea to give up fields to a private or other league. (Miller Bucs) - Keeps kids out of trouble. The older they are the more trouble they get in. Especially at the high school age. The city league provides for the high school level other leagues don't do this. Not good to give up fields. Our kids want to play H.S. ball and stay on the Westside. (San Diego Power House) -Very important, continues development for kids, keeps kids out of trouble. City league helps build kids team work and be better person. Hope fields are not given away. We have to travel but like playing in H.S. Division. (Storm) — City League is very important. Off season makes them work on fundamentals, especially the 16 & under. Keeps them together during off season. This league benefits those kids that want to play H.S. baseball. Gives them a chance to improve their game. Kids that are devoted need this league to improve their game. Do not need to give up fields. This allows the 18 & under and 16 & under to always have fields to play on. Give up the fields and they would use them for other reasons. (Dirty Dawgs) — City league keeps 15 —18 year olds busy and keeps them out of trouble. People forget about this age group. City league charges a price that is reasonable compared to having to pay sanction fees and other cost. City league is not as expensive for parents. It would be the wrong move to give up the fields. No benefit for the city. Fields would be used mainly for tournaments. (Flour Bluff 18 & Under) - City Parks and Recreation League is a must. City league benefits are flexible scheduling, open baseball and great umpires. Do not give up fields. (G.P. Most Wanted) - City League keeps us busy, allows the kids an option outside of school ball. "I think it's very important ". City league has open rules, no sanctions and entry fee is reasonable. Giving up the fields would be a big loss. We enjoy playing in Corpus Christi and at Westside with Parks and Recreation. (Portland Stars) - City league important. There are few leagues that focus on H.S.. There are many little leagues and pony leagues in the area. Parks and recreation are one of the few for High School. If you give up the fields then we would lose the high school division. (Bishop Badgers) — City league plays a vital role — very important and allows opportunity to play H.S. level baseball. City league is non - sanctioned, so no extra fees or sanctioned fees. Straight H.S. baseball with no hidden agenda. Not good idea to give up fields, other organizations are self- serving (John Paul) - The city's Park and Rec League for High school baseball players is probably one of the main reasons our school teams play at the level that gets them deep into the play -offs year in and year out. The ability to play together as a team is very important to getting to know each other's strengths and weakness. Each team has it's spots in the lineup that every kid thinks they ought to be in, city league gives them that chance to show what they can do against the same pitching that they would see in the spring. The same goes for pitchers, kids want to pitch against good hitters to show that they can compete against the same kids they would see in the spring. Bottom line I think it is one of the reason our baseball here in south Texas is ranked on a national level. I hope it stays a long after my coaching days are over. Believe me the kids will continue to play K somewhere, some league or some park, every ball player always want to play one more season. It has always been a joy for me and my son Dominic to participate in the city league, to continue playing after the spring season finished was priceless as the commercial goes. Now for summer ball he will travel to the Collegiate league in upstate New York for the summer. (King Mustang) - I have always appreciated playing in the league in Corpus Christi! We enjoyed more when it was Connie Mack and Mickey Mantle League! There was advancement in the summer! Umpires were strict with discipline and Billy and John ran a tight ship (Hornet Thunder) - Benefits of Little League or Pony only adds to that of the City League. Teams in town want games to play against other competitive teams. The City league provides that extra edge of games that LL and Pony cannot provide. The local teams of Corpus Christi need to be able to play against local and non local teams. LL and Pony can provide some of this however the City league can add that extra source of play by adding games to what exist. The City should really consider taking over more of the local leagues and help manage their league boards so that the city is aware of all the financial advantages and disadvantages of the leagues. I know there are leagues /fields out there that use their facilities for tournament play only in order to raise financial profits. Baseball should bean opportunity for the children of CC to playa game they love and financial gains should not be a part of it. All the money raised should go to the city to provide finances to make improvements or maintain the fields. Mon 3/26 Wed 3/28 Mon 4/2 Wed 4/4 ILTA INOTNI KA I0%7 Wed 4/11 Mon 4/16 Sat Apr 2nd April 18th _ 21 st Mon 4/23 International West Side Pony League Spring Season 2012 Bronco Division 6:00 pm 7:45 pm 6:00 pm 7:45 pm 6:00 pm 7:45 pm 6:00 pm 7:45 pm 6:00 pm 6:00 pm 7:45 pm 6:00 pm 7:45 pm 6:00 pm 7:45 pm 6:00 pm 6:00 pm 7:45 pm 6:00 pm 7:45 pm 6:00 pm H -V 3 -6 univ 4 -5 univ 4 -3 univ 7 -6 univ 2 -7 5 -2 6 -4 univ 6 -1 univ 6 -5 3 -7 univ 1 -4 univ 7 -1 5 -7 2 -3 univ 2 -4 univ 1 -6 5 -3 univ 4 -7 univ 6 -2 1 -2 5 -4 univ Coke Sale Pick up 1. C PAL Astros 2. Rangers 3. Yankees 4. As 5. River cats 6. White Sox 7. Giants 10:00 AM — 2:00 PM Pony Baseball Mid - Season Tourney 6:00 pm 7 -2 7:45 pm 2 -5 6:00 pm 3 -1 univ 7:45 pm 4 -6 univ 1 May 7th _ 12th Play Offs * River Cats is the team associated with International Westside. The other teams are affiliated with CCPAL and Universal Little League. This schedule represents the games International Westside hosted at the Westside Fields K H -V Wed 4/25 6:00 pm 3 -2 7:45 pm 2 -6 6:00 pm 4 -1 univ 7:45 pm 7 -5 univ Mon 4/30 6:00 pm 5 -1 7:45 pm 1 -7 6:00 pm 6 -3 univ Wed 5/2 6:00 pm 1 -5 6:00 pm 3 -4 univ 7:45 pm 7 -3 univ May 7th _ 12th Play Offs * River Cats is the team associated with International Westside. The other teams are affiliated with CCPAL and Universal Little League. This schedule represents the games International Westside hosted at the Westside Fields K 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Increase Beach Parking Permit budget for FY13 CAPTION: Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; and changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. PURPOSE: This action will appropriate additional revenues to create opportunities for the Department to expand the beach parking permit sales along the beach during peak and non -peak seasons. BACKGROUND AND FINDINGS: Beach Parking Permit sales have continued to grow for the last four years. Since 2009 the Department has seen an 18% increase in the number of permits sold. In 2012 over 135,000 beach parking permits were sold, for an estimated $680,000 in revenue - this is $105,000 over the amended FY2012 budget. To continue to support this revenue growth, the Department will increase the number of staff and resources for this program throughout the remainder of FY2013. Appropriating the additional funds will create opportunities for the Department to expand the number of permit booths along the beach throughout the remainder of the fiscal year. ALTERNATIVES: Do not approve appropriation. Inadequate resources for beach parking permit sales support may result in a loss of potential revenue. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance, Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 50,000.00 50,000.00 Encumbered / Expended Amount This item BALANCE 50, 000.00 50, 000.00 Fund(s): General Fund Comments: The additional funding is for fuel, temporary staff members and the printing of beach parking permits. RECOMMENDATION: Staff recommends approval of this appropriation of additional revenue and expenditures for the beach parking permit program. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $50,000 in additional revenues from sales of Beach Parking Permits is appropriated in the No. 1020 General Fund to be used for Beach Parking Permit program. Section 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase revenues and expenditures by $50,000 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 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 852 Second reading for the City Council Meeting of April 30, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Commission on Children and Youth Amendment to membership CAPTION: Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth. PURPOSE: The purpose of this amendment is to change the structure of the Commission on Children and Youth from fourteen (14) members to nine (9) members. BACKGROUND AND FINDINGS: The Commission on Children and Youth was established in 1994 and initially seated fourteen members of the community. The make -up of the commission included representatives from the law enforcement, legal, educational and social services communities. The current CCY has reviewed the original ordinance and made suggestions for combining seats that are redundant and creating a smaller, more dynamic council that can adequately address health and fitness issues in the community in a timely manner. ALTERNATIVES: Do not approve the amendment and keep original structure of the Commission on Children and Youth OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions duties and memberships. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends the approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Chapter 2, Division 19, of the City Code of Ordinances regarding membership of the Corpus Christi Commission on Children and Youth, is amended to read as follows: "DIVISION 19. - CORPUS CHRISTI COMMISSION ON CHILDREN AND YOUTH Sec. 2 -215. - Creation and mission. The Corpus Christi Commission on Children and Youth is created. Its mission is to support a comprehensive system of services and advance policies to meet the needs of the city's children, youth and their families. (Ord. No. 21927, § 1, 4 -26- 1994) Sec. 2 -216. - Functions and duties. The commission will: (1) Gather and organize information from all people and entities in order to act as a source of information and referral on issues concerning children, youth, and their families; (2) Develop an annual community action plan for children, youth, and their families; (3) Advise the city council on acquiring and efficiently allocating resources and services for children, youth, and their families; (4) Promote strengthening of existing services for children, youth, and their families; (5) Strengthen communications and encourage partnerships between public and private entities working with children, youth, and their families; and (6) Serve as an advocate of local, state, and federal policy benefitting children, youth, and their families to the city council, and to others as authorized by the council. (Ord. No. 21927, § 17 4 -26 -1994) Sec. 2 -217. - Membership. 2 (Ord. No. 21927, § 1, 4 -26 -1994, Ord. No. 22728, § 1, 10 -15 -1996, Ord. No. 23452, § 1, 9 -29 -1998) Sec. 2 -218. - Term of office. (Ord. No. 21927, § 1, 4 -26 -1994) Sec. 2 -219. - Officers. The commission shall elect a chairperson and such other officers as it deems necessary. Officers shall serve one -year terms. (Ord. No. 21927, § 1, 4 -26 -1994) Sec. 2 -220. - Meetings. The commission shall meet at least monthly on an established day, and (Ord. No. 21927, § 1, 4 -26 -1994) Sec. 2 -221. - Staffing. 3 The city manager shall appoint staff to assist the commission. (Ord. No. 21927, § 1, 4 -26 -1994) Secs. 2- 221 -2 -229. - Reserved. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor in Ga O� H AGENDA MEMORANDUM NoP ©p,EO First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: 04/08/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 McArdle Road Speed Limit Ordinance Amendment CAPTION: Ordinance amending Section 53 -254 of the code of ordinances to rectify the existing speed limit for McArdle Road between Weber Road and Nile Drive; at all times, providing for penalties; providing for severance, and providing for publication. PURPOSE: To amend the current language in the ordinance to correspond with the appropriate beginning of the speed limit. BACKGROUND AND FINDINGS: There is a discrepancy in the ordinance and the current stated speed limit on McArdle Road. The ordinance reads, "from a point 500 feet east of Lenora Drive to Nile Drive -35MPH at all times" Lenora Drive is not a named city street along McArdle Road. This was approved by the Transportation Advisory Committee (TAC) on December 17, 2012. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Speed limit signage on McArdle Road will reflect the amended ordinance. CONFORMITY TO CITY POLICY: Ordinance amending Section 53 -254 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Engineering Department recommends City Council approve the correction of the above stated speed zones. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance amending Section 53 -254 of the Code of Ordinances to correct the parameters of the 35 MPH speed limit on McArdle Road to be between Weber Road and Nile Drive; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -254 of the City of Corpus Christi Code of Ordinances is amended as follows: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES "McArdle Road: From a n^irt 500 foot R--A9-;t Of o„r„ra nrive Weber Road to Nile Drive -35 mph —All times " SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor 040913 ORD Amend Sec 33 -234 McArdle Road Page 1 of That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of '2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 040913 ORD Amend Sec 33 -234 McArdle Road Page 2 of SUBJECT: MCARDLE ROAD SPEED LIMIT ORDINANCE AMENDMENT Traffic Engineering Div, Engineering Services Dept. Ga O� H AGENDA MEMORANDUM NoP ©p,EO First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: 02/18/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Hazel Bazemore Road (CR 69) Speed Limit Ordinance Designation CAPTION: Ordinance amending Section 53 -254 of the Code of Ordinances to set the speed limit to 55 mph on Hazel Bazemore Road (County Road 69) between FM 624 and County Road 52; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Traffic Advisory Committee passed a motion on February 25, 2013 requesting the City Council to establish a speed limit of 55 mph on Hazel Bazemore Rd (CR 69) between Northwest Blvd. (FM 624) and County Road 52. BACKGROUND AND FINDINGS: Street improvements for Hazel Bazemore Road (CR 69) between Northwest Blvd. (FM 624) and County Road 52 were approved by City Council in June 2011. Improvements included the reconstruction and widening of the existing two lanes of Hazel Bazemore Road (CR 69) to a rural roadway with two through lanes and a five foot shoulder. Traffic Engineering conducted a speed study of the current conditions and the 85th Percentile study indicates a 55 MPH Speed limit is adequate for the current expansion in development and increase in traffic volumes. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Ordinance amending Section 53 -254 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Traffic Advisory Committee and the City's Engineering Department recommend approval of the above stated speed limit. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance amending Section 53 -254 of the Code of Ordinances to designate the speed limit for Hazel Bazemore Rd to 55 MPH between Northwest Blvd. (FM 624) and County Road 52; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -254, Article VIII of the City of Corpus Christi Code of Ordinances is amended by adding the following text between the subsections titled "Greenwood Drive" and "Holly Road" of Schedule V: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53 -254 Schedule V, increase of state speed limit in certain zones "Hazel Bazemore Rd (County Road 69): From Northwest Blvd. (FM 624) to County Road 52 —55 mph —All times " SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 040913 ORD Amend Sec 33 -234 Hazel Bazemore Rd 2 Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of '2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 040913 ORD Amend Sec 33 -234 Hazel Bazemore Rd 2 V) c0 Div. s Dept. Ga O� H AGENDA MEMORANDUM NoP ©p,EO First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: 04/09/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 I H -69 (US 77) and 1H 37 Frontage Roads Speed Limit Designation CAPTION: Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. PURPOSE: To establish a speed limit along the frontage roads of IH 69 (US 77) and IH 37 that complies with the current traffic volumes and business growth in the area. This ordinance amends Section 53 -254 of the Code of Ordinances as follows: • IH 37 Frontage Roads o Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line -- 55 mph 0 o Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane -- 55 mph 0 • IH 69 (US 77) Frontage Roads: o Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road -- 45 mph 0 o Southbound IH 69 (US 77) Frontage Road between Redbird Lane and the south city limit line -- 45 mph BACKGROUND AND FINDINGS: The Traffic Advisory Committee passed a motion on July 25, 2011 recommending that City Council pass the proposed ordinance to establish a speed limit on the IH 69 (US 77) and IH 37 frontage roads. Currently there is no established speed limit along these frontage roads. The Texas Department of Transportation conducted a speed study and proposed a speed limit designation of 55 MPH based on the 85th Percentile Study. The City's Traffic Engineering Department and Traffic Advisory Committee recommend establishing two speed zones that would accommodate the business community as well as pedestrian traffic and vehicular volume. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: S.P.I.D frontage roads currently have an established speed limit of 45 MPH CONFORMITY TO CITY POLICY: Ordinance amending Section 53 -254 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Texas Department of Transportation, Traffic Advisory Committee, and the City's Engineering Department recommend approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -254 of the City of Corpus Christi Code of Ordinances is amended as follows: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53 -254 Schedule V, increase of state speed limit in certain zones A. Speed Limit on Interstate Highway 37 Frontage Roads. Under the two Subsections titled "North Frontage Road" and "South Frontage Road" of the Subsection titled "Interstate Highway 37 Frontage Roads" the underlined text is added as shown: "Interstate Highway 37 Frontage Roads:" "North Frontage Road: From Rand Morgan Road to Violet Road -45 mph—All times Beginning at the cul -de -sac east of Southern Minerals Road (I. H. 37, Station 292 + 12) to the center line of Violet Road (I. H. 37, Station 632 + 08) -50 mph—All times Ordinance -IN 9(U 77) Page 1 of 4 Beginning at the center line of Callicoatte Road (I.H. 37, Station 701 + 56) to I.H. 37 On -Ramp 4,044 feet west of Callicoatte Road (I.H. 37, Station 742 + 00) -50 mph—All times From Sharpsburq Road to the north city limit line -55 mph—All times South Frontage Road: Beginning at the cul -de -sac east of Southern Minerals Road (I.H 37, Station 292 + 26) to the center line of Rand Morgan Road (I.H. 37, Station 507 + 84) -50 mph—All times Beginning at a point 1,810 feet east of the center line of Violet Road (I.H. 37, Station 615 + 78) to the center line of Hart Road (I.H. 37, Station 667 + 90) -40 mph—All times From the north city limit line to Redbird Lane -55 mph—All times" B. Speed Limit on U.S.Highway 77 (Interstate Highway 69) Frontage Roads: After the Subsection titled "U.S. Highway 77" the new Subsection titled "U.S.Highway 77 (Interstate Highway 69) Frontage Roads" is added as shown: 'U.S. Highway 77: From Interstate Highway 37 to the city limits south -70 mph —At all times U.S.Highway 77 (Interstate Highway 69) Frontage Roads: Northbound Frontage Road: From the south city limit line and the crossover to North Interstate Highway 37 Frontage Road -45 mph All times Southbound Frontage Road: From Redbird Lane to the south city limit line -45 mph All times U.S. Highway 181: Ordinance -IN 9(U 77) Page 2 of 4 From the north city limits (MP 0.000) to the U.S. Highway 181 /Beach Avenue Interchange (MP 2.064) -65 mph —All times." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance -IN 9(U 77) Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of '2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance -IN 9(U 77) Page 4 of 4 SUBJECT: IH 69 (US 77) AND IH 37 FRONTAGE ROADS SPEED LIMIT DESIGNATIONS Traffic Engineering Div. Engineering Services Dept. to AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 2, 2013 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289 -0171 ext.1213 FredSCc_cctexas.com Authorize the purchase of capital equipment at Corpus Christi International Airport to be funded from the Airport Fund Balance. CAPTION: Ordinance appropriating $125,000 from the Unreserved Fund Balance in Airport Fund No. 4610 for purchase of airport capital equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $1257000. BACKGROUND AND FINDINGS: Airport staff has identified capital equipment items that are required for optimal operations. Two key pieces of equipment used at the Airport have become inoperable during the course of the fiscal year. The first item, a 1994 JCB backhoe, is used for dirt work and special lift projects. The backhoe has exceeded its useful life and is out of operation at this time. Estimates indicate that it is not economically feasible to repair the equipment. The second item is a 2000 Grove scissor -lift that is integral to daily operations including electrical work, window cleaning and overall facility maintenance. In addition, the replacement of a bat -wing mower deck and a zero -turn mower is essential for maintenance of 2,400 acres of airport property. Also proposed is the purchase of a sand bagging machine that will significantly enhance the Airport's ability to prepare for major weather events. Additional pieces of equipment will be used for safety and security needs and are included. The capital equipment was scheduled for purchase next fiscal year but is recommended for purchase at this time. The accelerated purchase will minimize disruptions in the maintenance schedule and reduce the burden to the proposed FY 13 -14 Budget. As a result of a rebate of $338,675 to the Airport Fund from excess contribution to the General Liability and Workers Compensation Fund, Airport Staff is recommending use of some of the funds for the identified purpose. The City Council authorized the rebates on March 19, 2013. ALTERNATIVES: The only option is to delay the purchase of the capital equipment until after FY 2013 -14 Budget is adopted; however the delay would negatively impact operations as the backhoe and scissor -lift are inoperable at this time. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Funding action is consistent with the City's Financial Policies EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,708,622 $7,708,622 Encumbered / Expended Amount 0 0 This item 1 $125,000 $1257000 BALANCE 1 $778337622 1 1 $778337622 Fund(s): Airport Fund - 4610 Comments: None. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $125,000 from the Unreserved Fund Balance in the Airport Fund No. 4610 for purchase of Airport Capital Equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $125,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $125,000 is appropriated from the Unreserved Fund Balance in the Airport Fund No. 4610 for purchase of Airport Capital Equipment; SECTION 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $1257000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the the day of 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor to AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 2, 2013 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289 -0171 ext.1213 FredSCc_cctexas.com Authorize use of Passenger Facility Charge funds for payment of debt service associated with terminal and roadway improvements at Corpus Christi International Airport. CAPTION: Appropriating $850,981 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 to the Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $8507981. BACKGROUND AND FINDINGS: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration to fund projects and debt service on terminal building and roadway improvements. The terminal and roadway projects were funded by the 2000 A &B Series Bonds and were completed in 2000. Appropriation of PFCs will be used to pay only debt service. In July 2012, the original Series 2000 A & B revenue bonds were refunded and replaced with the Series 2012 A & B General Obligation bonds. The bonds are serviced entirely from airport revenue. The current PFC charge is $4.50 per enplaned passenger and must be appropriated prior to any expenditure. ALTERNATIVES: The only possible option is to fund the $850,981 in debt service entirely from the Airport Operating Fund. This is not a financially viable option as the Fund has a balance of approximately $5 million and debt obligations continue until 2025 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Projects funded are consistent with Airport Master Plan and the funding plan is consistent with the City's Financial Policies EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: CIP Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item 1 1 $850,981 1 1 $850,981 BALANCE 1 $850,981 1 1 $850,981 Fund(s): Passenger Facility Fund - 4621 Comments: Passenger Facility Charge funds and budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance Appropriating $850,981 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 to the Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $850,981. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $850,981 is appropriated from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and $664,118 appropriated and transferred to the Airport 2012A Debt Service Fund No. 4640 and $186,863 appropriated and transferred to the Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; SECTION 2. That the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 is amended to increase appropriations by $8507981. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott Ordinance - PFC Debt Service Appropriation David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance - PFC Debt Service Appropriation th day of Nelda Martinez Mayor 2013. Page 2 of 2 0 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 23, 2013 852 Second Reading Item for the City Council Meeting of April 30, 2013 DATE: April 8, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289 -0171 ext. 1213 Approval of two farm lease agreements for 1,462 acres at Corpus Christi International Airport at a rate of $55 per acre. The agreement is for a five -year period. CAPTION: Ordinance authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. PURPOSE: The City leases airport acreage to farming entities for agricultural use. The farm lease agreements are mutually beneficial as the Airport is able to reduce mowing costs on unimproved property and also generate revenue. The farmers are able to plant crops and receive market value. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of the land remains unimproved and available for agricultural use. Approximately 1,462 acres is proposed for lease- farming purposes with two separate tenants. The Federal Aviation Administration (FAA) periodically requires portions of the acreage be removed from agricultural use to enhance runway safety or capital projects. Consequently acreage amounts may be adjusted during the term of the lease. In addition, a recent Federal Aviation Administration directive states that no grain crops are allowed on airport property due to the natural attraction of birds and other wildlife to the crop. Wildlife poses significant hazards to air traffic. These restrictions reduce the level of interest from other prospective tenants. ALTERNATIVES: The only alternative is for the Airport to retain the property and include the acreage as part of the regular mowing and maintenance cycle thus increasing operating costs. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Lease of agricultural acreage is consistent with the Airport Master Plans. , EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal rIRlARIP IA1 1Rfir%A^T. ❑ Operating ® Revenue ❑ Capital ® Not applicable Fund(s): Airport Fund Comments: None RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Matt Danysh Farms, Inc. - Farm Lease Agreement S & S Farms - Farm Lease Agreement Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $50,000 $321,640 $371,640 Encumbered / Expended Amount This item (additional revenue) $30,410 30,410 BALANCE $80,410 $321,640 $402,050 Fund(s): Airport Fund Comments: None RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Matt Danysh Farms, Inc. - Farm Lease Agreement S & S Farms - Farm Lease Agreement Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport, which agreement is attached hereto as Exhibit A, and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Corpus Christi International Airport, which agreement is attached hereto as Exhibit B, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Ordinance — Danysh and S &S Farm Leases 1 -15 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance — Danysh and S &S Farm Leases 1 -15 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor FARM LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MATT DANYSH FARMS, INC. WHEREAS, the City of Corpus Christi ( "City ") owns the Corpus Christi Inter - national Airport ( "Airport "), located in Corpus Christi, Nueces County, Texas; WHEREAS, Matt Danysh Farms, Inc., a Texas for -profit corporation, ( "Lessee ") desires to lease a certain parcel of land at the Airport for crop farming purposes; and WHEREAS, the parties desire to enter into a written lease for approximately 870.703 acres of land to permit Lessee to engage in crop farming ( "Lease "). NOW, THEREFORE, in consideration of the mutual covenants contained in this Lease, the parties agree as follows: Section 1. Parties. This Lease is made by and between the City, acting through its duly authorized City Manager, or designee ( "City Manager "), and Matt Danysh Farms, Inc., as Lessee, a Texas for -profit corporation, acting through its authorized representative. Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit A ( "Premises "), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 870.703 acres of land, excluding a fifteen (15) foot easement along any perimeter fence abutting the Premises, and a fifteen (15) foot easement along any light pole used by Airport located on the Premises. Section 3. . Term. Subject to the remaining terms and conditions of this Lease, the term ( "Term ") of this Lease is five (5) years, beginning October 1, 2012, ( "Effective Date "), and ending on the last day of the fifth (5th) full fiscal year thereafter ( "Termination Date. ") Section 4. Lease Payments. A. Calculation. Lessee agrees to pay the City Fifty -five Dollars ($55) per acre annually ("Lease Payment'). Lessee shall remit the initial Lease Payment not later than 5:00 p.m. Central Standard Time on the Wednesday immediately following the date this Lease is finally approved by the City's City Council ( "City Council "). All subsequent Lease Payments are due on every calendar year anniversary of the Effective Date of this Lease. B. Paying Rent. The Lease Payment must be delivered to the following address: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Page 1 of 14 Danysh Farm Lease 11 -28 -12 Section 5. Lease Agent. The City's Director of Aviation, or his designee ( "Aviation Director "), shall administer this Lease and serve as the City's agent to receive all Lease Payments, notices, and reports due under this Lease. Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop farming and for no other purpose without the express written consent of the City Manager. In compliance with the FAA restriction on the types of crops grown on the Airport and pursuant to Section 16 herein, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies. If Lessee plants crops not prohibited under this Agreement but that are not eligible for federal crop insurance, in the event such crops suffer a yield loss or marketing loss that otherwise would be insured under federal crop insurance if they were insurable crops, the City shall abate Lessee's rent by 10% for the acreage on which such affected crops are planted, in each year such crops suffer a yield loss or marketing loss, up to a maximum of 25% of the acreage included in the Premises. Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. Lessee also acknowledges that Lessee has inspected the Premises and accepts the Premises in its present physical condition, as is, including nny-and all defects known and unknown that may exist. Section S. Assignment and Sublease. Lessee may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any part of the Premises to any party without the prior written consent of the City, which approval will not be unreasonably withheld. In the event that Lessee directly or indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise encumbers this Lease or any portion of the Premises without the prior written consent of the City, the City may, in its sole discretion, terminate this Lease. Section 9. Required Modification or Amendment of Lease. If the Federal Aviation Administration or its successor ( "FAA ") requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. Section 10. Reservation of Use. A. The City reserves the right to sell, use, or lease for a use different from the present use all or any portion of the Premises at anytime during the term of this Lease. If the Premises are used or leased before the Expiration Date and the purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate and surrender possession within fifteen (15) days after Page 2 of 14 Danysh Farm Lease 11 -28 -12 receipt of notice to vacate. B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease, then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to- wit: (1) If the land has been plowed and prepared for a new crop, but before the crop has been planted, the actual expense of working the acreage vacated plus $5.00 per acre. (2) If there is a growing crop, then the average return on an acreage basis that the same crops bring on other land covered by this Lease or, if there is no other land covered by this Lease, then on similar land in the immediate vicinity. C. Any payments made to Lessee under this section shall be based on the Lessee's share of the crop Iand actually cultivated and farmed under this Lease, less harvesting costs. Section 11. Subordination to U.S. and FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 11 or under Section 9 above, is to take any of the Premises under this Lease out from the control of City, then City shall make every effort to provide Lessee with land substantially similar to the Premises used by Lessee for the remainder of the Term if similar premises are available for the type of use granted within this Lease. Section 12. Maintenance; Utilities. A. Lessee, at its own expense, shall maintain the Premises in good appearance and repair and in a safe condition. Lessee shall, except during the growing season prior to harvest, keep the Premises mowed to a height under 12 inches. B. Within seven days of harvest, Lessee shall plow under the remains of the harvested crop. Additionally, Lessee shall spray the plowed -under areas with an approved growth inhibitor in order to prevent secondary growth of the remains. C. Lessee must ensure that the Premises are maintained free of foreign object debris and shall control soil erosion on the Premises. D. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other City and Airport properties. The Aviation Director may at any time during City's normal business hours, without prior notice, enter upon the Premises to determine if Lessee is fulfilling the maintenance requirements of this Lease. The Aviation Director must notify Lessee in writing of any default. If the required maintenance, in Aviation Director's deficiency notice to Lessee, is not commenced by Lessee within 15 days after receipt of written notice, or is not diligently prosecuted to completion within the time stated, the Aviation Director may enter upon the Premises and perform the subject maintenance, and Lessee agrees to reimburse the City for its cost plus 20% overhead within 30 days after the Page 3 of 14 Danysh Farm Lease 1 ] -28 -I2 Aviation Director's written demand therefor, together with copies of all bids for the repairs and maintenance. E. Lessee must immediately remove or correct any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director, whichever occurs sooner. At the Aviation Director's direction, Lessee must close the Premises, or affected portion, until the hazardous or potentially hazardous condition is removed or corrected. F. Lessee, at its own expense, shall replace any and all utility lines and equipment located on the Premises which may be damaged or destroyed as a result of Lessee's farming or agricultural operations. Lessee, at its own expense, shall repair any and all damage caused to the Premises as a result of the willful or negligent acts or omissions of Lessee, its employees, or agents. G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses at the Premises. H. Crop Setbacks. (1) Lessee shall plant crops no closer than fifteen (15) feet from any Airport perimeter fence or light pole. (2) Lessee shall plant crops no closer than 575 feet from any runway centerline and no closer than 1,000 feet from the end of any runway. (3) Lessee shall plant crops no closer than 130 feet from the centerline of any taxiway. (4) Lessee shall plant crops no closer than 113 feet from the edge of any aircraft apron. Section 13. Inspection and Premises Access. The Aviation Director shall have the right to inspect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take additional wildlife control measures, as may be necessary. The City shall have the right at any and all times of ingress and egress on and over the Premises for the purposes of conducting and carrying on any business incident to activities of the City. Section 14. Security Badges. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 15 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Section 15. Access to the Aircraft Operating Area. Page 4 of 14 Danysh Farm Lease 11 -28 -12 A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ( "TSA "), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ( "AOA "), as shown on the attached Exhibit B, which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to theAOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. Section 16. Operation within Airport Certification. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR "), Part 139, as amended [14 CFR Part 139, as amended]. Copies of the FAR are available in the office of the Aviation Director. Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Copies of the FAR are available in the office of the Aviation Director. Page 5 of 14 Danysh Farm Lease 11 -28 -12 Section 18. Control of Structures and Equipment. Lessee may not make use of or operate any structure, building, antenna, object, or equipment which has its highest point above a mean sea level elevation established by the FAA or the City as a height limitation on said structure, building, antenna, object, or equipment. City may enter the Premises and remove any such structure, building, antenna, object, or equipment and assess the removal expense against Lessee plus a 20% overhead charge. Section 19. Aerial Approaches. The City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from operating any object or equipment on or adjacent to the Airport, which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Lessee will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport or otherwise constitute an Airport hazard including, but not limited to, electrical or electronic interference with communications, electrical, or electronic equipment or the creation of smoke, dust, or glaring or misleading lights. Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. Section 21. Hazardous Substances. A. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operation on or in the vicinity of the Airport including, but not limited to, required National Pollutant Discharge Elimination System permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. B. Except for hazardous substances governed by and transported in full compliance with the transportation Iaws of the State of Texas or federal government, Lessee must not use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operation on or near the Airport. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill, or deposit of a hazardous or regulated substance has occurred or is occurring which affects or threatens to affect the Airport or persons, structures, equipment, or other property located thereon, Lessee must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety Office, (3) emergency response centers, and (4) environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with all written reports required by law. D. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or Page 6 of 14 Danysh Farm Lease 11 -28 -12 threat of release of a hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law and as authorized or approved by any federal, state, or local agency having authority over environmental matters. E. Lessee must keep a readily accessible file of materials safety data ( "MSD ") sheets for each hazardous substance on site or transported to the Premises, in accordance with federal and State transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of a discharge of a hazardous substance. Lessee's employees must try to determine which hazardous substance was discharged and have that MSD sheet available for the first responders to the scene. F. Lessee must promptly undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. G. Lessee agrees and acknowledges that the obligations set forth in this section survive termination of this Lease. Section 22. Nondiscrimination and Affirmative Action. A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and representatives, as a part of the consideration for the making of this Lease, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) Lessee will use the Premises in compliance with all requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and regulations may be amended, and with other applicable State and federal laws, rules, or regulations, as amended. B. Nondiscrimination - Business Owner. This Lease is subject to the requirements of 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City may immediately reenter the Premises, and the Premises and all Lessee's interest therein reverts to the City. This provision is not effective until the procedures of 49 CFR Part 21 are completed, including exercise or expiration of appeal rights. D. Affirmative Action. Lessee covenants that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person on the Page 7 of 14 Danysh Farm Lease 11 -28 -12 grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee further covenants to require its covered sub - organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub - organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at its own expense, will comply with any applicable requirements of the Americans with Disabilities (ADA) Act, as it may be amended. Section 23. Compliance with Laws. A. General. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders, and directives applicable to Lessee's use and occupancy of the Premises. Failure to observe or comply with any law, rule, or regulation will subject this Lease to cancellation by the City under Section 24 of the Lease. B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to any entity that operates at the Airport. C. State and Local Laws. Lessee covenants to comply with all applicable State and local laws, rules, regulations, and policies. Section 24. Cancellation; Termination; Re- entry. A. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport by the Lessee and that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default within 60 days after receipt from Lessee of written notice to remedy the same. Page 8 of 14 Danysh Farm Lease 11 -28 -12 B. Termination by City. Without limiting any other rights and remedies to which City may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by City if Lessee; 1. Is in arrears in the payment of any portion of the Lease Payment or of any fees or charges required to be paid by Lessee under this Lease in excess of ten (10) business days ( "business" days are Monday through Friday) or other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof, 4. Otherwise defaults in the performance of any of Lessee's covenants and continues the default in excess of 3 0 days or other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within 30 days or within any other time set out in the notice of default, Lessee shall submit a plan to remedy the default to the Aviation Director for approval within thirty (30) days from receipt of the notice. The Aviation Director shall have sole discretion regarding the approval or rejection of Lessee's proposed plan. C. City's Right to Entry. 1. If the City terminates this Lease or if Lessee abandons the Premises, the City may enter upon the Premises. 2. In the event of termination by City or abandonment by Lessee, Lessee hereby irrevocably appoints the City Manager as its agent to remove any and all persons and property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subject to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, and any and all exemption laws are hereby expressly waived in favor of said landlord's lien. Furthermore, it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City by the Lessee but is in addition thereto. 3. Lessee agrees, that in the case of a default, if Lessee fails to remove any property on the Premises within thirty days following the default, the City Manager may sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If the City terminates this Lease and reenters the Premises, the City may relet the Premises and, if a sufficient sum is not realized after paying the expenses of the reletting to satisfy the rent owed and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of the Aviation Director's written demand therefor. Page 9 of 14 Danysh Farm Lease 11 -28 -12 D. Notice of Termination. If an event of default occurs and, after due notice identifying the default, the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period terminate this Lease by providing written notice of termination. The Lease will be terminated on the date specified in the notice but not sooner than five (5) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This Subsection is subject to the requirements set out in Subsection B of this Section. Section 25. Property Removal upon Expiration or Termination. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee may remove all equipment on the Premises so long as Lessee removes same within 30 calendar days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property must be repaired by Lessee within 15 business days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personalty and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personalty must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Section 26. Holdover. Any holding over by Lessee of the Premises after the expiration or other termination of this Lease will be on a month -to -month tenancy at sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the Premises upon 30 days written notice. Failure to timely surrender Premises following notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of rent. Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for nonpayment of rent. Section 28. Indemnification. A. GENERAL -- Lessee must indemnify, hold harmless, and defend the City of Corpus Christi, its officers, employees, agents, and representatives from and against any and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation, and administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, employees, Page 10 of 14 Danysh Farm Lease 11 -28 -12 agents, or representatives arising directly or indirectly from or in any way connected with (i) any property damage or loss, personal injury including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, employees, agents, and representatives, (ii) the failure of Lessee, its agents, or employees to comply with the terms and conditions of this Lease or to comply with any applicable federal, State, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, State, or local environmental laws, rules, regulations, or orders, or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with Lessee's operations or the action or inaction of Lessee, its agents, or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. B. NOTICE — Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, or other process. C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby expressly waives its right to plead defensively the immunity or exemption as against City, including its officers, employees, agents, or representatives, as the case may be. Section 29. Insurance. A. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ( "Risk Manager "), a copy of which is attached and incorporated as Exhibit C. Lessee's insurance company must provide the Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the levels and types of insurance. B. The Risk Manager shall annually assess the levels and types of insurance required by the Lease. The Risk Manager may increase or decrease the levels or types of insurance by giving Lessee notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director. C. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must name the City as an additional insured. Page 11 of 14 Danysh Farm Lease 11 -28 -12 Section 30. Notice. A. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service as addressed below: If to the Cif: Corpus Christi International Airport Attn: Aviation Director 1000 International Drive Corpus Christi, Texas 78406 If to Lessee: Matt Danysh Matt Danysh Farms, Inc. 2578 County Road 36 Robstown, Texas 78380 B. Either party may change the address to which notices are sent under this section by providing a change of address, in writing, to the other party within ten (10) business days of the change. Section 31. General Provisions. A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's or the Lessee's right thereafter to declare a forfeiture for a similar, other, or succeeding breach or default. C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force majeure" means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather or periods of excessive rain or snow, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, excluding the obligations imposed with regard to the payment of rental and other charges to be paid by Lessee pursuant to this Lease. D. Rules and Regulations. The Aviation Director may adopt and enforce rules, regulations, and policies to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. E. Headings. The titles and headings in this Lease are used only for reference and in no way define or limit the scope or intent of any provision of this Lease. Page 12 of 14 Danysh Farm Lease 11 -28 -12 F. Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns. Subject to the limitations upon assignment and transfer contained herein, this Lease binds and inures to the benefit of the parties hereto, their respective heirs, successors, and assigns. H. No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision. I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City. Additionally, Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee or City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the installation of equipment and for the conduct of its operations under this Lease. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Furthermore, Lessee must pay any taxes not being contested prior to the past due date. J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from its operation on the Premises. Lessee must provide and use, within Lessee's leased area, suitable sealed and fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by Lessee's use of the Premises. The piling of boxes, barrels, or other similar items in or within view from a public area is not permitted. K. If Lessee consists of two or more individual persons or entities, each person or entity named in this Lease is jointly and severally liable for all performances, obligations, and duties imposed by the terms, conditions, and covenants of this Lease. L. Publication Costs. All costs for publication of notice of this Lease required by the City Charter, if any, must be paid by Lessee. M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUPLICATE ORIGINALS this day of , 2013. Page 13 of iA Danysh Farm Lease 11 -28 -12 Attest: Armando Chapa City Secretary LESSEE: Signature Matt Danysh, STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI INC. Ronald L. Olson City Manager I f1 D to This instrument was acknowledged before me on " U i I , 2013, by Matt Danysh, Director of Matt Danysh Farms, Inc., Lessee. 4 146tary Public, State o Texas ',-9 "`gin: YVETTE P. CAVA,ZOS -, ; #s Notary Public, Stale ot Texas „;q „; *`' FEBRUARY 5, 2015 Page 14 of 14 Danysh Farm Lease 11 -28 -12 CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT) seeking to do business with the City to provide the following information. Every question must be answered. Ifthe question is not applicable, answer with "N /A." 0 APPLICANT NAME: APPLICANT ADDRESS: �� � �p Robs ft) �ollt— APPLICANT is 1. Corporation ( 2. Partnership () 3. Sole Owner( ) 4. Association( S. Other( ) Please answer the following questions on a separate attached sheet if necessary. 1 a. SECTION 1 — CORPORATION and Directors of Corporation. lb. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of three percent (3 %) of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. fonn 14K may substitute that statement for the material req . d herein.) - s � p/G SECTION 2 — PARTNERSHIP /ASSOCIATION /JOIlNT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of three percent (3 %). 2b. Associations: The name and address of all officers, directors, and other members with three percent (3 %) or greater interest. SECTION 3 — ALL APPLICANTS — ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND /OR by a trust and give the trust number, institution, name and address of trustee or estate administrator, and name, address, and percentage of interest in total entity. 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a three percent (3 %) interest in that "holding" corporation or entity as required in 1(a), 1(b), 2(a), and 2(b). 3c. If "constructive control" of any interest named in Section 1 or 2 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council ofthe City ofCorpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. I have not withheld disclosure of any interest known to me. Information provided is accurate an current. I will be responsible for submitting a revised form if any of the above information changes. 1.3 Signed this the day of J ca�-- 220 Signature o Pers (n+reparing Statement Adl '"tr -D, K4 roc -rte Name and Title BEFORE ME, the undersigned authority, this day personally appeared (name of affiant) and by oath stated that the facts hereinabove stated are true and correct to the best o is/her) knowledge or belief. of 2 SWORN TO AND SUBSCRIBED BEFORE me on this day of1,( 26-2. twy Public, State of 62UW "vRY P� Y I VE7-� �•y C��1 -.`�G . ": 7 E P. AVAZOS •.c, •ice _ Notary P&[G state of Texas 5 2 015 :_.n.�C]RUAY , FARM LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND S & S FARMS WHEREAS, the City of Corpus Christi ( "City ") owns the Corpus Christi Inter- national Airport ( "Airport "), located in Corpus Christi, Nueces County, Texas; WHEREAS, S & S Farms ( "Lessee ") desires to lease a certain parcel of land at the Airport for crop farming purposes; and WHEREAS, the parties desire to enter into a written lease for approximately 591.374 acres of land to permit Lessee to engage in crop farming ( "Lease "). NOW, THEREFORE, in consideration of the mutual covenants contained in this Lease, the parties agree as follows: Section 1. Parties. This Lease is made by and between the City, acting through its duly authorized City Manager, or his designee ( "City Manager "), and S & S Farms Partnership, as Lessee, a Texas general partnersh ip, acting through its duly authorized representatives. Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit A ( "Premises "), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 591.374 acres of land, excluding a fifteen (15) foot easement along any perimeter fence abutting the Premises, and a fifteen (15) foot easement along any light pole used by Airport located on the Premises. Section 3. Term. Subject to the remaining terms and conditions of this Lease, the term ( "Term ") of this Lease is five (5) years, beginning October 1, 2012, ( "Effective Date "), and ending on the last day of the fifth (5'11) full fiscal year thereafter ( "Termination Date. ") Section 4. Lease Payments. A. Calculation. Lessee agrees to pay the City Fifty -five Dollars ($55) per acre annually ( "Lease Payment "). Lessee shall remit the initial Lease Payment not later than 5:00 p.m. Central Standard Time on the Wednesday immediately following the date this Lease is finally approved by the City's City Council ( "City Council "). All subsequent Lease Payments are due on every calendar year anniversary of the Effective Date of this Lease. B. Paying Rent. The Lease Payment must be delivered to the following address: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Page 1 of 15 S &S FannLease 11 -29 -12 Section 5. Lease Agent. The City's Director of Aviation, or his designee ( "Aviation Director "), shall administer this Lease and serve as the City's agent to receive all Lease Payments, notices, and reports due under this Lease. Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop farming and for no other purpose without the express written consent of the City Manager. In compliance with the FAA restriction on the types of crops grown on the Airport and pursuant to Section 16 herein, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies. If Lessee plants crops not prohibited under this Agreement but that are not eligible for federal crop insurance, in the event such crops suffer a yield loss or marketing loss that otherwise would be insured under federal crop insurance if they were insurable crops, the City shall abate Lessee's rent by 10% for the acreage on which such affected crops are planted, in each year such crops suffer a yield loss or marketing loss, up to a maximum of 25% of the acreage included in the Premises. Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. Lessee also acknowledges that Lessee has inspected the Premises and accepts the Premises in its present physical condition, as is, including any and all defects known and unknown that may exist. Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any part of the Premises to any party without the prior written consent of the City, which approval will not be unreasonably withheld. In the event that Lessee directly or indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise encumbers this Lease or any portion of the Premises without the prior written consent of the City, the City may, in its sole discretion, terminate this Lease. Section 9. Required Modification or Amendment of Lease. If the Federal Aviation Administration or its successor ( "FAA ") requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. Section 10. Reservation of Use. A. The City reserves the right to sell, use, or lease for a use different from the present use all or any portion of the Premises at anytime during the term of this Lease. If the Premises are used or leased before the Expiration Date and the purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate and surrender possession within fifteen (15) days after Page 2 of 15 S &S Farm Lease 11 -29 -I2 receipt of notice to vacate. B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease, then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to- wit: (1) If the land has been plowed and prepared for a new crop, but before the crop has been planted, the actual expense of working the acreage vacated plus $5.00 per acre. (2) If there is a growing crop, then the average return on an acreage basis that the same crops bring on other land covered by this Lease or, if there is no other land covered by this Lease, then on similar land in the immediate vicinity. C. Any payments made to Lessee under this section shall be based on the Lessee's share of the crop land actually cultivated and fanned under this Lease, less harvesting costs. Section 11. Subordination to U.S. and FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 11 or under Section 9 above, is to take any of the Premises under this Lease out from the control of City, then City shall make every effort to provide Lessee with land substantially similar to the Premises used by Lessee for the remainder of the Tenn if similar premises are available for the type of use granted within this Lease. Section 12. Maintenance; Utilities. A. Lessee, at its own expense, shall maintain the Premises in good appearance and repair and in a safe condition. Lessee shall, except during the growing season prior to harvest, keep the Premises mowed to a height under 12 inches. B. Within seven days of harvest, Lessee shall plow under the remains of the harvested crop. Additionally, Lessee shall spray the plowed -under areas with an approved growth inhibitor in order to prevent secondary growth of the remains. C. Lessee must ensure that the Premises are maintained free of foreign object debris and shall control soil erosion on the Premises. D. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other City and Airport properties. The Aviation Director may at any time during City's normal business hours, without prior notice, enter upon the Premises to determine if Lessee is fulfilling the maintenance requirements of this Lease. The Aviation Director must notify Lessee in writing of any default. If the required maintenance, in Aviation Director's deficiency notice to Lessee, is not commenced by Lessee within 15 days after receipt of written notice, or is not diligently prosecuted to completion within the time stated, the Aviation Director may enter upon the Premises and perform the subject maintenance, and Lessee agrees to reimburse the City for its cost plus 20% overhead within 30 days after the Page 3 of 15 5 &S Farm Lease 1 ] -29 -12 Aviation Director's written demand therefor, together with copies of all bids for the repairs and maintenance. E. Lessee must immediately remove or correct any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director, whichever occurs sooner. At the Aviation Director's direction, Lessee must close the Premises, or affected portion, until the hazardous or potentially hazardous condition is removed or corrected. F. Lessee, at its own expense, shall replace any and all utility lines and equipment located on the Premises which may be damaged or destroyed as a result of Lessee's farming or agricultural operations. Lessee, at its own expense, shall repair any and all damage caused to the Premises as a result of the willful or negligent acts or omissions of Lessee, its employees, or agents. G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses at the Premises. H. Crop Setbacks. (1) Lessee shall plant crops no closer than fifteen (15) feet from any Airport perimeter fence or light pole. (2) Lessee shall plant crops no closer than 575 feet from any runway centerline and no closer than 1,000 feet from the end of any runway. (3) Lessee shall plant crops no closer than 130 feet from the centerline of any taxiway. (4) Lessee shall plant crops no closer than 113 feet from the edge of any aircraft apron. Section 13. Inspection and Premises Access. The Aviation Director shall have the right to inspect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take additional wildlife control measures, as may be necessary. The City shall have the right at any and all times of ingress and egress on and over the Premises for the purposes of conducting and carrying on any business incident to activities of the City. Section 14. Security Badges. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 15 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Section 15. Access to the Aircraft Operating Area. Page 4 of 15 S &S Farm Lease 11 -29 -12 A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ( "TSA "), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ( "AOA "), as shown on the attached Exhibit B, which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to theAOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non - movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. Section 16. Operation within Airport Certification. Lessee most comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ( "FAR "), Part 139, as amended [14 CFR Part 139, as amended]. Copies of the FAR are available in the office of the Aviation Director. Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Copies of the FAR are available in the office of the Aviation Director. Page 5 of 15 S &S Farrn Lease 11 -29 -12 Section 18. Control of Structures and Equipment. Lessee may not make use of or operate any structure, building, antenna, object, or equipment which has its highest point above a mean sea level elevation established by the FAA or the City as a height limitation on said structure, building, antenna, object, or equipment. City may enter the Premises and remove any such structure, building, antenna, object, or equipment and assess the removal expense against Lessee plus a 20% overhead charge. Section 19. Aerial Approaches. The City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from operating any object or equipment on or adjacent to the Airport, which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Lessee will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport or otherwise constitute an Airport hazard including, but not limited to, electrical or electronic interference with communications, electrical, or electronic equipment or the creation of smoke, dust, or glaring or misleading lights. Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. Section 21. Hazardous Substances. A. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operation on or in the vicinity of the Airport including, but not limited to, required National Pollutant Discharge Elimination System permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. B. Except for hazardous substances governed by and transported in frill compliance with the transportation laws of the State of Texas or federal government, Lessee must not use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operation on or near the Airport. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill, or deposit of a hazardous or regulated substance has occurred or is occurring which affects or threatens to affect the Airport or persons, structures, equupment, or other property located thereon, Lessee must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety Office, (3) emergency response centers, and (4) environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with all written reports required by law. D. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or Page G of 15 S &S Farm Lease 11 -29 -12 threat of release of a hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law and as authorized or approved by any federal, state, or local agency having authority over environmental matters. E. Lessee must keep a readily accessible file of materials safety data ( "MSD ") sheets for each hazardous substance on site or transported to the Premises, in accordance with federal and State transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of a discharge of a hazardous substance. Lessee's employees must try to determine which hazardous substance was discharged and have that MSD sheet available for the first responders to the scene. F. Lessee must promptly undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. G. Lessee agrees and acknowledges that the obligations set forth in this section survive termination of this Lease. Section 22. Nondiscrimination and Affirmative Action. A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and representatives, as a part of the consideration for the making of this Lease, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) Lessee will use the Premises in compliance with all requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and regulations may be amended, and with other applicable State and federal Iaws, rules, or regulations, as amended. B. Nondiscrimination - Business Owner. This Lease is subject to the requirements of 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City may immediately reenter the Premises, and the Premises and all Lessee's interest therein reverts to the City. This provision is not effective until the procedures of 49 CFR Part 21 are completed, including exercise or expiration of appeal rights. D. Affirmative Action. Lessee covenants that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person on the Page 7 of 15 S &S Farm Lease 11 -29 -12 grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee further covenants to require its covered sub - organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances Rom their sub - organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at its own expense, will comply with any applicable requirements of the Americans with Disabilities (ADA) Act, as it may be amended. Section 23. Compliance with Laws. A. General. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders, and directives applicable to Lessee's use and occupancy of the Premises. failure to observe or comply with any law, rule, or regulation will subject this Lease to cancellation by the City under Section 24 of the Lease. B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to any entity that operates at the Airport. C. State and Local Laws. Lessee covenants to comply with all applicable State and local laws, rules, regulations, and policies. Section 24. Cancellation; Termination; Re- entry. A. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport by the Lessee and that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default within 60 days after receipt from Lessee of written notice to remedy the same. Page 8 of 15 S &S Farm Lease 11 -29 -12 B. Termination by City. Without limiting any other rights and remedies to which City may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by City if Lessee; 1. Is in arrears in the payment of any portion of the Lease Payment or of any fees or charges required to be paid by Lessee under this Lease in excess of ten (10) business days ( "business" days are Monday through Friday) or other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof; 4. Otherwise defaults in the performance of any of Lessee's covenants and continues the default in excess of 30 days or other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within 30 days or within any other time set out in the notice of default, Lessee shall submit a plan to remedy the default to the Aviation Director for approval within thirty (30) days from receipt of the notice. The Aviation Director shall have sole discretion regarding the approval or rejection of Lessee's proposed plan. C. City's Right to Entry. 1. If the City terninates this Lease or if Lessee abandons the Premises, the City may enter upon the Premises. 2. In the event of terinination by City or abandonment by Lessee, Lessee hereby irrevocably appoints the City Manager as its agent to remove any and all persons and property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subject to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, and any and all exemption laws are hereby expressly waived in favor of said landlord's lien. Furthermore, it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City by the Lessee but is in addition thereto. 3. Lessee agrees, that in the case of a default, if Lessee fails to remove any property on the Premises within thirty days following the default, the City Manager may sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If the City terminates this Lease and reenters the Premises, the City may relet the Premises and, if a sufficient sum is not realized after paying the expenses of the reletting to satisfy the rent owed and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of the Aviation Director's written demand therefor. Page 9 of 15 S &S Farm Lease 11 -29 -12 D. Notice of Termination. If an event of default occurs and, after due notice identifying the default, the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period terminate this Lease by providing written notice of termination. The Lease will be terminated on the date specified in the notice but not sooner than five (5) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This Subsection is subject to the requirements set out in Subsection B of this Section. Section 25. Property Removal upon Expiration or Termination. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee may remove all equipment on the Premises so long as Lessee removes same within 30 calendar days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property must be repaired by Lessee within 15 business days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personalty and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personalty must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Section 26. Holdover. Any holding over by Lessee of the Premises after the expiration or other termination of this Lease will be on a month -to -month tenancy at sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the Premises upon 30 days written notice. Failure to timely surrender Premises following notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of rent. Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for nonpayment of rent. Section 28. Indemnification. A. GENERAL — Lessee must indemnify, hold harmless, and defend the City of Corpus Christi, its officers, employees, agents, and representatives from and against ally and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation, and administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, employees, Page 10 of 15 S &S Farm Lease 11 -29 -12 agents, or representatives arising directly or indirectly from or in any way connecter) with (i) any property damage or loss, personal injury including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, employees, agents, and representatives; (ii) the failure of Lessee, its agents, or employees to comply with the terms and conditions of this Lease or to comply with any applicable federal, State, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, State, or local environmental laws, rules, regulations, or orders; or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connecter) in any way with Lessee's operations or the action or inaction of Lessee, its agents, or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. B. NOTICE Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, or other process. C. INDEMNITY WAIVER -- Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby expressly waives its right to plead defensively the immunity or exemption as against City, including its officers, employees, agents, or representatives, as the case may be. Section 29. Insurance. A. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ( "Risk Manager "), a copy of which is attached and incorporated as Exhibit C. Lessee's insurance company must provide the Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the levels and types of insurance. B. The Risk Manager shall annually assess the levels and types of insurance required by the Lease. The Risk Manager may increase or decrease the levels or types of insurance by giving Lessee notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director. C. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must narne the City as an additional insured. Page l l of 15 S &S Farm Lease 11 -29 -12 Section 30. Notice. A. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service as addressed below: If to the City: Corpus Christi International Airport Attn: Aviation Director 1000 International Drive Corpus Christi, Texas 78406 If to Lessee: Scott Ordner Shane Suggs S &S Farms Partnership 2475 County Road 69 Robstown, Texas 78380 B. Either party may change the address to which notices are sent under this section by providing a change of address, in writing, to the other party within ten (10) business days of the change. Section 31. General Provisions. A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's or the Lessee's right thereafter to declare a forfeiture for a similar, other, or succeeding breach or default. C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force majeure" means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather or periods of excessive rain or snow, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, excluding the obligations imposed with regard to the payment of rental and other charges to be paid by Lessee pursuant to this Lease. D. Rules and Regulations. The Aviation Director may adopt and enforce rules, regulations, and policies to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. E. Headings. The titles and headings in this Lease are used only for reference and in no way define or limit the scope or intent of any provision of this Lease. Page 12 of 15 S &S Farm Lease 11 -29 -12 F. Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns. Subject to the limitations upon assignment and transfer contained herein, this Lease binds and inures to the benefit of the parties hereto, their respective heirs, successors, and assigns. H. No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision.. I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City. Additionally, Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee or City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the installation of equipment and for the conduct of its operations under this Lease. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Furthermore, Lessee must pay any taxes not being contested prior to the past due date. J. Trash and Refuse. Lessee must airange for the collection and lawful disposal of all trash and other refuse resulting from its operation on the Premises. Lessee must provide and use, within Lessee's leased area, suitable sealed and fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by Lessee's use of the Premises. The piling of boxes, barrels, or other similar items in or within view from a public area is not permitted. K. If Lessee consists of two or more individual persons or entities, each person or entity named in this Lease is jointly and severally liable for all performances, obligations, and duties imposed by the terms, conditions, and covenants of this Lease. L. Publication Costs. All costs for publication of notice of this Lease required by the City Charter, if any, must be paid by Lessee. M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. Page ] 3 of 15 S &S Farm Lease 11 -29 -12 EXECUTED IN DUPLICATE ORIGINALS this :a(-) day of , 2012. Attest: Armando Chapa City Secretary LESSEE: S & S Farms Partnership Signature Scott Ordner, Partner Signature Shane Suggs, Partner y� Signature Nova Ordner, Partner ignature Lisa Suggs, Partner STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Date "X/`-'?0 -/ 2 Date 11�3�-�iZ Date l� — Date This instrument was acknowledged before me on /V oue't"Levz 2012, by Scott Ordner, as partner of S & S Farms Partnership, Lessee. = CHELE HELPE7 MMISSION EXPIR�fi Not Public, St to fTexas Page 14 of 15 S &S Farm Lease 11 -29 -12 STATE OF TEXAS § COUNTY OF NUECES § Th'UM. ent_wac_ac T d before me on �oJ�,�, 3C , 2012, by Sh ,+;': 14, gs, as�lp €LR & Farms Partnership, e see. MY COMWSSION EXPIRES 9r of „= November 28, 2014 Notary ate of exas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on NUJ�v�C1 ,z. 3� , 2012, by N ` nerd ���5 Farms Partnershi n;t+,�afrce ee. * MICHCLE HELPERT MY COMMISSION EXPIREF November 28, 2014 —I { Notar, of exas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on aJ��j,/Zo , 2012, by Lisa Su s, as artner f S au4arms Partnership, Lessee. =01'Y MICHELE HELPERT ....c. �r MY COMMISSIoN EXPIRES NUYemI]P.r 28, 2014 Notary c Sta e of T xas Page 15 of 15 S &S Farm Lease 11 -29 -12 THIS CERT €FICATE IS ISSUED CERTIFICATE OF AS A MATTER OF INFORMATION. O LIABILITY DATE [MMlonmryr BERTIFICATI; 17pES NOT AFFIRMATIVELY OR t4EGATIVELY AMEND, EXTEND Oft ALTER THE CGiVERAC�E AFFORDED BY THE ER. RE 'PHIS CERTIFICATE OF INSURANCE II NOT CONSTITUTE A CONTRACT t3ETWEIrN THE N THE CERTIFICATE Tjjr: POLICIES THIS REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOI TIER. iO AUTHORIZED IMPORTANT: If the certificate hpttlerIs an ADDITIONAL INSURED, the Olic $StIfN% INSURER(S), AUT13Rtt €QED terms Ifi and coder in li of the policy, certain policies may require an endOrM$6 Trent T Atstaternenit an this Gertifi ate does not acnD right. bt to the CertlflCate holder in lieu of such erido€�serneDt {g }, PRODUCER to the B - RENT — OSTERMANN NLJECE'S COUNTY FARM BUREAU PO BOX 912 ROBSTOWN TX 78384 INURED .....__......___°_____-- _'��_._...�— ..___ ............. Scott Ordener & Shane SUggs RBA; S & S f=arms Partnership 2475 Cnunty Road. 69 ROBSTOWN TX 78380 -5693 wo�3B1F387 -�s25 _. —. ._..- .-- .- -___._ INSURERC: TFR Tier ITl rAt COVERAGES CER711=ICATE NliM13ER. INSURER F THIS IS TO CERTIFY TSTA DIN FOL €CIEs OF INSURANCE I €STEP BEL0IAI HAVF BEEN ISSLlt Ll TO THE (NSLIRED NAMED NUM R- THE A(7L rl`NDIC�ATII NOTW€THSTANDING flNY REQU €RE{UIENT, TERM OR CONQI ION OF ANY CO(UTitAGT OR OTHER IIOC MIRi� Wl �$R � PECT TO 1 CERT $ION NAY BE )TIo D OR MAY pi R7A €N. THE INSURANCE AFFORDED 8Y THE POLICIES gEgCRI13Ei7 HER / €N IS SUBIECT 70 ALL T EXCL t1SIQN8 AND C ONpITI(3NS OF St)CN rtiOLIC €ES. LIAAlTS SHAWN Mqy I1AV( BEEN REiiUCELl SY P . ICY PERIOD INSr2' _..... . ..„_ Wii-ICH 7rHS L'rR I rYlaEO�INSURarocs — ..- AnbL suBR ry -- _— _ AVE - .W A(D CLA €tNS_ HE TERMS, A GENERAL LIABILITY _ _ POLICYNUMBER P *LiCYQ_VF T-P(fLiFsY. XP MMMD Mtn R'YYY ' -- X i COMMERCIAL GENERAL LGSBELIil 54$81$ fl %($$j�Q12 , d7 /$6i2d`I3 ' EACH flCCURRENC£ l ..I ;._.. jCIA(t 8 -MAO/ OCCUR X f i'UAWAC�7?)'7 NR rE6 t � �APURGONAL4�ADVINJURV ED EXGENT AGGREGATE LIMITApPUESpt:R: _ PRO- r_,.__. 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R# itinnalRemartcsSc }ISdujgIimoFeapacptsrequtred} AIRPORT LAND LEAST ir CITY OF CORPUS CHRIST! SHOULD ANY 0J= THE ABOVE DESCRIBED PoI.IC.IE$ BE CANCELLED BEFORE THE a /cI21. i( €ll(Ai�1AG 1U€�NT q^ Rt/i(,, .ci EXI" I'ION DATE THEREOF, NOTICE WFLL BE DELIVERED IN ACCORDANCE WITH THE Pr3LICY PRQVlSIOtJS, PO BOX 9277 CORPUS CHRIST! TX 78469 -9277 AUTHORIZED Rainve NTATtua BR!_NT KLOSTERMANN ACCORD 2$ {2009109} The ACCORD name d OO Iggo ars registered marks of 4C ROi 4tli Ail rights reserved. I DEPARTMENT OF AVI A -M OIL, EXI-IIM "9" 5 +S FARNI LEASE CORPUS CHRISTI INTERNATIONAL AIRPORT 2012 mw� zm CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT) seeking to do business with the City to provide the following information. Every question must be answered. Ifthe question is notapplicable, . answer with "N /A." APPLICANT NAME: <4 ft yz M APPLICANT ADDRESS: �`� '7 �' J� {p Dl }��1 j 5 }-�, X 7Y-? 9 O APPLICANT is 1. Corporation( 2. Partnership (AY/ 3. Sole Owner( } 4. Association () 5. Other ( ) Please answer the following questions on a separate attached sheet if necessary. SECTION I — CORPORATION Ia. Names and addresses of all Officers and Directors of Corporation. 1 b. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of three percent (3 %) of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. form l OK may substitute that statement for the material required herein.). In SECTION 2 — PARTNERSHIP /ASSOCIATION /JOIINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of three percent (3 %). 5;_o OrAi Pv' z l- S►nr.,, S 5 5 l A c s� {moo,, I`�o�5 tv�•.7 ►�� "rX 7�' D J��bS#�c..�� r T J� 7 ��� � 2b. Associations: The name and address of all officers, directors, and other members with three percent (3%) or greater interest. ' V /�— SECTION 3 — ALL APPLICANTS — ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND /OR by a trust and give the trust number, institution, name and address of trustee or estate administrator and name, address, and percentage of interest in total entity, Ai I li 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a three percent (3 %) interest in that "holding" corporation or entity as required in 1(a), I (b), 2(a), and 2(b). K) 14 3c. If "constructive control" of any interest named in Section I or 2 is held by another party, give name and address of party with constructive control. ( "Constructive control' refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council of the City of Corpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. I have not withheld disclosure of any interest known to me. Information provided is accurate and current. will be responsible for submitting a revised form if any of the above information changes. Signed this the Q day of d � 10\19W1 �Y" , 2012. Signature of Person Pr mg tatement Naive and Tit e BEFORE ME, the undersigned authority, this day personally appearedsr,.,4 04I.-e -V (name of affiant) and by oath stated that the facts hereinabove stated are true and correct to the best of (his/her) knowledge or belief. SWORN TO AND SUBSCRIBED BEFORE me on this da of A)uyevt, �61,1 , 2012. r oissiwwoo aw ,: = Notary tat f , & p AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: March 29, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Department of Development Services MarkVV @cctexas.com 361- 826 -3246 Reimburse Jimmie and Barbara Moretich for the wastewater development fees paid in 1993 CAPTION: Ordinance appropriating $3,143.60 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A. Moretich wastewater lot /acreage fees previously paid for Lot 7, Block 3, Farias Grant Subdivision and authorizing the City Manager or designee to issue payment. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may petition the City Council to determine whether the wastewater acreage should be refunded. BACKGROUND AND FINDINGS: In December 1993, Mr. & Mrs. Moretich paid the wastewater acreage fee as required during the replat of their property. The Platting Ordinance in 1993 required payment of the wastewater acreage fee or an exemption from the fee by the City Council. The applicant paid the fee. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the property owner may request a refund of the fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. The plat of Farias Grant Subdivision, Block 3, Lots 7 & 8 was recorded on December 14, 1993. It has been 19 years since the plat was recorded. Based on the criteria stated above and the payment of $1,136.66 in 1993, the Moretich are currently due $3,143.60. Since the fee was paid in 1993 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. & Mrs. Moretich. Until Mr. & Mrs. Moretich are refunded their monies, the amount due will continue to increase. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable. Refund request. EMERGENCY /NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. & Mrs. Moretich's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Location Map Moretich's Refund Request Ordinance Project to Date Fiscal Year: 2011- Expenditures 2012 CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $710,372.66 Encumbered / Expended Amount $255,696.03 This item $3,143.60 BALANCE $451,533.03 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. & Mrs. Moretich's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Location Map Moretich's Refund Request Ordinance w z 0 0.045 0.09 LVN ■ Miles 0.18 Legend III {�VI� r........ i PLANNING. C/TYL/M/TS Title: Printing Date: 10/22/2012 File: K: \DevelopmentSvcs \SHARED \GIS Projects \4Miguel\ London _Club_ Estates _Lt11_Blk4.mxd Prepared By MSS Illustrative purposes only Coordinate System: NAD 1983 StatePlane Texas South RIPS 4205 Feet © City of Corpus Christi © Development Services Ll Jim & Barbara Moretich 4426 Bonner Corpus Christi, TX 78411 361 658 -8692 August 14, 2012 Miguel Saldana City of Corpus Christi Development 2406 Leopard St. Corpus Christi, TX 78408 RE: Lot 7, Blk 3 of Gregorio Farias Grant Dear Mr. Saldana: We own the property at 4201 Loma Alta Street in Corpus Christi. In 1993 we paid for platting, including sewer fee. We were aware that if sewer was not placed on the property that we would be reimbursed that fee plus interest. Per my (Jim) conversation with you on August 14 @ 11:00 a.m. it continues to be evident that there are no plans to place sewer in this area, therefore; we would like to again ask for the return of the fee. Copies are included as proof of this transaction. Miguel, thanks for assisting us with this process. If there is an issue that might hold up this reimbursement, please let us know as we would like it expedited. Please note the change of address to 4426 Bonner, Corpus Christi, TX 78411. Sincerely, /Jim Moretich a Barbara Moretich 0 AGENDA MEMORANDUM xi First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: March 29, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Director Department of Development Services 361- 826 -3246 Reimburse MPM Development, L.P. for the construction of a 12 -inch water line in the Royal Creek Estates Unit 4 Subdivision CAPTION: Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer"), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. PURPOSE: Approval of the ordinance to reimburse the developer for the construction of a 12 -inch water line shown in the Water Master Plan. The construction of the water line improves the circulation of the water. BACKGROUND AND FINDINGS: The developer, MPM Development LP, developed a 38 -lot single - family residential subdivision known as Royal Creek Estates Unit 4. The tract of land is located south of Yorktown Boulevard and east of Cimarron Boulevard. On September 11, 2012, The City Council approved a reimbursement agreement in the amount of $18,171.34. ALTERNATIVES: None OTHER CONSIDERATIONS: 1►= City Council Summary Mostaghasi Investment Trust Appropriation Ordinance Page 2 CONFORMITY TO CITY POLICY: The construction of the 12 -inch waterline is consistent with the Water Master Plan. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: The Department of Finance has reviewed the funds available from the Water Arterial Transmission and Grid Main Trust Fund and have verified that the monies are available for the requested reimbursement. FINANCIAL IMPACT: N/A Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Water Arterial Transmission and Grid Main Trust Fund $785,538.28 This item $18,171.39 BALANCE $767,366.94 Fund(s): Water Arterial Transmission and Grid Main Trust Fund Comments: The requested monies are consistent with the approved reimbursement agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approved Reimbursement Agreement K. \DEVELOPMENTSVCS \SHARED \LEGISTAR \2013 CC AGENDA ITEMS \04 -30- 2013 \MPM DEVELOPMENT \AGENDA MEMO, MPM DEVELOPMENT, REIMBURSEMENT FOR 12 -INCH WATER LINE, 4- 30- 2013.DOC Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $18,171.34 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for construction of a 12 -inch water line in accordance with the executed Water Arterial and Grid Main Reimbursement Agreement approved by the City Council on September 11, 2012 (Motion 2012 -163) and executed with the Developer. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 CITY OF CORPUS CHRISTI Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 23, 2013 1852 Second Reading /Action Item for the City Council Meeting of April 30, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Reimburse Forestar (USA) Real Estate Group, Inc., for the construction of Tortuga Dunes /Zahn Road /Packery Channel Wastewater Lift Station and Force Main Improvements CAPTION: Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer ") for the construction of the Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. PIIPPO-RF- Reimburse Forestar (USA) Real Estate Group, Inc., for the construction of the lift station and dual force mains. BACKGROUND AND FINDINGS: Under the Construction and Reimbursement Agreement Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements and per the existing Platting Ordinance at the time the agreement was executed, Forestar (USA) Real Estate Group, Inc., is requesting a reimbursement per the Construction and Reimbursement Agreement Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements. The City's Whitecap WWTP Service Area Master Plan required the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service. The reimbursement agreement amount approved is $2,457,890.25. The total amount paid to date is $1,596,503. The outstanding balance as of March 25, 2013 is $861,387.25. The current appropriation request is $450,000. The total amount due after appropriation is $411,387.25 (see table for detailed information). Agreement Approved Amount $2,457,890.25 Date Current Year Paid Amount 6/18/2009 $ 432,503.00 12/16/2010 $ 514,000.00 1/11/2012 $ 432,503.00 1/18/2012 $ 217,497.00 Total Paid Out $ 1,596,503.00 Outstanding Balance as of 3/25/2013 $ 861,387.25 Current 5/2/2013 Appropriation Request $ 450,000.00 Outstanding Balance after Appropriation $ 411,387.25 ALTERNATIVES: Denial of the ordinance appropriating $450,000.00 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer has constructed the Zahn Road Lift Station and Dual Force Mains per Construction and Reimbursement Agreement Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Sanitary Sewer Trunk System Trust Fund Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $710,372.66 Encumbered / Expended Amount $258,839.63 This item $450,000.00 BALANCE 1 $1,533.031 1 Fund(s): Comments: The encumbered amount includes the reimbursement of Acreage fees to Jimmie & Barbara Moretich. RECOMMENDATION: Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Reimbursement Agreement Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer") for the construction of the Tortuga Dunes /Zahn Road / Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $450,000 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer "), for construction of the Tortuga Dunes /Zahn Road/ Packery Channel wastewater lift station and force main improvements in accordance with the reimbursement agreement approved by the City Council on March 31, 2009 (Motion 2009 -078) and executed with the Developer. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. CITY OF CORPUS CHRISTI Nelda Martinez Mayor CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Forestar (USA) Real Estate Group Inc., a Delaware corporation duly authorized to do business in Texas ( "Developer"), whose headquarters is located at 6300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has fled a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre Island Action Plan; WHEREAS, the lift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the lift station and dual force mains; WHEREAS, under the Platting Ordinance, the Developer is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the lift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift 2009-126 -rains be constructed in accordance with the City of Corpus 03/31/09 Page 1 of 8 M2009 -078 Forestar (USA) Real Estate Group oad LS FM dr -bcr 03022009 (2).doc Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main Design Memorandum; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area, the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MGD. (b) Pump installation and design will be based on the following phasing with Developer installing Phase 'I as part of this Agreement: (i) Phase 1 initial design Q = 121 GPM. (ii) Phase 2 add force main capacity Q =277 GPM (iii) Phase 3 add Svc. Area 12 flows Q =418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4 "HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer force main line and appurtenances. (c) At the Packery Channel crossing, install four (4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one (1) of 2" HDPE, and appurtenances. Page 2 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre Island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains, Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. if to the Developer: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page 4 of 8 'trust Fund ReimbAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fail to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. If City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance. f. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof 'of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financial inability). These causes of delays are called "force majeure ". 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the lift station and dual force mains for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. Page 5 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc 12. REIMBURSEMENT a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and the appropriation of the funds by the City Council, the City will reimburse the Developer 100% of the cost of the lift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of impacts. The costs to be reimbursed are those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc., and attached hereto. The City will, contingent on collection of sewer acreage and lot fees, continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently with past practices. b. If funds are available and appropriated during the construction of the lift station and dual force mains, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made by the later of within 15 days from the date of invoice or 15 days from funds becoming available and appropriated. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld or conditioned. d. If funds are not available or appropriated until after the work has been completed, the City will reimburse the Developer when the funds are available and appropriated in the Sanitary Sewer Trunk System Trust Fund. The order of reimbursement of un- reimbursed developers will be determined according to the dates the sanitary sewer trunk system construction and reimbursement agreements are approved by the City Council. Only two projects, being Bahia Vista Subdivision Unit I and 37 Industrial Park, are currently beneficiaries of dates of reimbursement agreements approved by City Council which are earlier than the lift station and dual force mains which are the subject of this agreement. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of Page 6 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM qr -bcr 03022008 (2).doc this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 44C„ 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this /oday of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI r / By: I-WJe Ov Armando Chapa g R. Escobar City Secretary Ity, Manager r APPROVED AS TO FORM:_ day of 2009 By: R. J Re' ing FirXt ssfs cant C-6/Attorney THE STATE OF TEXAS COUNTY OF NUECES tiaoq_ 0.9.9, AUTHORIZED 9Y COUNCIL .. 3 3 La.... _. .................... ............... A. s SECRETAar 104 This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Chrlst , Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Pu 0 c, State of4exas Page 7 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM qr -bcr 03022009 (2).doc HOLLY HOUG14M i W CoM14p$ M EXPIRES sepkmbar2s, xGia DEVELOPER: FORESTAR (USA) REAL ESTATE GROUP INC. BY: [NAM r=1 [TITLE] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on KAAz k I °I qlr` , 2009, by Wo- c d , Senior Vice President of Forestar (USA) Real Estate Group Inc., a De ware corporation on behalf of the corporation i Notary Public, State of Texas Page 8 of 8 Trust Fund Reim bAgrment - Zahn Road L5 FM dr - -bcr 03022009 (2).doc ,`�Q(IAY•�fl�,`'• SOPHIA A. WILCOX n. Notary Public, State of Texas *= •y MY Commission Expires MARCFI 20, 2010 Page 8 of 8 Trust Fund Reim bAgrment - Zahn Road L5 FM dr - -bcr 03022009 (2).doc Project Costs - Exhibit B Title: Zahn Road Lift Station & Force Main NEI #: 7818 Date Award: September 2, 2008 Original Contract Amount: $2,457,890.25 Total Change Order Amount: $0.00 Adjusted Contract Amount: $2,457,890.25 Date Contract Commenced: Original Contract Days: Change in Contract Days: Adjusted Contract Days: NaismM EngineeringAm 4501 Gdlihar Road. Con,us Clrristi, TX 78411 361- 814 -9906 Fax 361- 814 -4401 240 Working Days 0 Working Days 240 Working Days A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: NEI Engineer: Craig B. Thompson, P.E. ITEM No. Date: QUANTrrY NEI Contact: Thomas Tiffin Inspected By: Owner: The Preserve at Mustang Island, L.L.C. Contractor: Big State Excavation Contact: Barrett Allison Contact: Gary Meurer Address: 1300 S. Mopac Expressway Address: PO Box 260297 LF Austin, Texas 78746 $2.00 Corpus Christi, Texas 78410 Phone: (512) 422 - 2209 Phone: (361) 537 - 5013 1 $1,000.00 $1,000.0 4 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: Lift Station ITEM No. DESCRIPTION QUANTrrY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 1 Stabilized Construction Entrance & Exit 1 EA 1 $2,000.00 $2 000.0 2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 $666.0 3 Ha Bales 1 LS 1 $1,000.00 $1,000.0 4 Site Clearing and Stripping 0.32 AC 0.32 $3,000.00 $960.0 5 Site Grading 1 LS 1 $3,000.00 $3,000.0 6 Lift Station and Appurtenances 1 LS 1 $580,000.00 $580,000.0 7 Dewatering / Well Pointing for Lift Station and Appurtenances Installation 1 LS 1 $50,000.00 $50,000.0 8 Odor Control i LS 1 $140,000.00 $140,000.0 9 8" Gravity Sanitary Sewer 110 LF 110 $140.00 $15,400.0 10 8" End Plu 2 EA 2 $100.00 $200.0 11 12" Gravity Sanitary Sewer 70 LF 70 $160.00 $11,200.0 12 Sanitary Sewer Fiberglass Manhole 5' Diameter IT - 21' Depth 1 EA 1 $20,000.00 $20,000.0 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500.00 $2,500.0 14 Dewatering / Well Pointing for Sanitary Sewer Gravity Line Installation 1 LS 1 $1,000.00 $1,000.0 15 Trench Safety 200 LF 200 $15.00 $3,000.0 16 PVC Pressure Pipe - 4" 130 LF 130 1 $20.00 $2,600.0 17 Dual Water Service Connection I EA 1 $2,500.00 $2,500.0 18 Connection to Existing 8" Water Pie I LS 1 $2,500.00 $2,500.0 19 Crushed Limestone on Landscape Fabric - 6" 1 LS 1 $10,000.00 $10,000.0 20 Reinforced Concrete Pavement - 5" 208 SY 208 $130.00 $27,040.0 21 HMAC Pavement Repair for Street Improvements 7 SY 7 $275.00 $1,925.0 22 Cantilever Gate with Card Reader t LS 1 $32,000.00 $32,000.0 23 Concrete Masonry Wall with Footing 197 LF 197 $500.00 $98,500.0 24 SCADA RTU Panel for Two Pump Lift Station w/ Flow by Rabalais instrument & Electrical 1 LS - 1 $35,000.00 - - $35,000.0 -- IC-omtntctors Page 1 of 2 Title: Zahn Road Lift Station & Force Main NEI #: 7818 Force Main ITEM NO. DP.SCRIPrION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTALCOST 25 Reinforced Filter Fabric Fence 4,605 LF 4,605 $2.00 $9,210.0 26 Straw Bale Fence (Force Main) I LS 1 $200.00 $200.0 27 4" PVC AWWA C900 -DR18 -150 si Force Main 7,124 LF 7,124 $18.00 $128232.0 28 4" HDPE - 150psi Force Main 1,400 LF 1,400 $5.00 S7,000,0 29 4" PVC AWWA C907 Class 150 Fittings 13 EA 13 $400.00 $5,200.0 30 4" Air Release Valve 3 EA 3 $4,000.00 $12,000.0 31 6" PVC AWWA C900 -DR18 -150 si Force Main 7,124 LF 7,124 $21.00 $149,604.0 32 6" HDPE - 150psi Force Main 1,400 LF 1,400 $9.00 $12,600.0 33 6" PVC AWWA C907 Class 150 Fittings 13 EA 13 $450.00 $5,850.0( 34 6" Air Release Valve 3 EA 3 $4,000.00 $12,000.0 35 Packery Channel Casing Connection 2 EA 2 $5,000.00 $10,000.0 36 8" HDPE - 150psi Pie "A" 1,400 LF 1,400 $16.00 $22,400.0 37 8" HDPE - 150psi Pipe "B" 1,400 LF 1,400 $16.00 $22,400.0 38 2" HDPE - 150psi Pipe "D" 1,400 LF 1,400 $2.00 $2,800.0 39 Packery Channel Bundling 1 LS 1 $200,000.00 $200,000.0 40 HMAC Pavement Re air for Street Improvements 69 SY 69 $100.00 $6,900.0 41 Driveway Repair for Force Main 66 SY 66 $140.00 $9,240.0 42 Force Main Markers 27 EA 27 $150.00 $4,050.0 43 Connection to Existing Manhole 1 LS 1 $2,700.00 $2,700.0 44 Anti - Flotation Devices I LS l $800.00 $800.0 41 Dewatering / Well Pointing for Force Main Installation I LS 1 $500.00 $500.0 Easement Acquisition ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 42 Texas General Land Office - Lift Station 1 LS 1 $105,050.00 $1051050.0 43 Texas General Land Office - Force Main 1 LS 1 $125,050.00 $125,050.0 44 Private Landowner - Force Main 1 LS 1 $150,000.001 $150,000A Miscellaneous ITEM NO. DESCRIPTION QUANTrrY IAEP UNIT I QUANTrrY COMPLETE CONTRACT UNIT TOTAL COST PRICE 1 45 Electrical Requirements LS 1 $50,000.00 $50,000.0 Professional Services rrEM NO. DESCRIP'1'rON QUANTITY UNIT QUANTIFY COMPLETE CONTRACT UNIT PRICE TOTAL COST 46 Engineering (7.5 %ofConstructton Cost) 1 LS 100% $125,000.78 $125,000.7 47 TopogrNhic Survey (2.0% of Consowc(tonCost) 1 LS 100% $33,333.54 $33,333.5 48 Construction Administration I LS 100% $16,666.77 $16,666.7 49 Testing (Geotechntcal) 1 LS 100% $16,666.77 $16,666.7 50 Storm Water Pollution Prevention Plan (SWPPP) 1 LS 100% $7,500.00 $7,500.0 51 Traffic Control Plan (TCP) I LS 100% $5,000.00 $52000.0 52 Co s of Engineers Permit 1 EA 1 $8,000.00 $8,000.0 53 Beachfront Construction Certificate I EA 1 $4,000.00 $4,000.0 54 TxDOT - Uility Permit 2 EA 2 $3,000.00 $6,000.0 55 Easement Acquisition Administration I LS 100% $11,403.00 $11,403.0 55 ROW Surve in , Parcel Descriptions, & Maps I LS 100% $10,500.00 $10,500.0 56 Project Contingency 5% 1 100% $117,042.391 117 042.3 Page 2 of 2 aSC o° AGENDA MEMORANDUM NaRa ©aa First Reading for the City Council Meeting of April 23, 2013 ss Second Reading for the City Council Meeting of April 30, 2013 DATE: April 8, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract Design /Build Agreement Energy Efficiency Conservation Retrofit for Major City Facilities CAPTION: Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 1 with McKinstry Essention for Energy Efficiency Conservation Retrofit for work associated with Phase 2 energy audit and retrofit assessment of major City Facilities. BACKGROUND AND FINDINGS: Phase 2 requires the City to conduct energy audits and retrofits of selected Municipal Buildings and Selected Facilities and Infrastructure. This continues to be part of the $2,507,500.00 grant received from the Energy Efficiency and Conservation Block Grant Program. McKinstry Essention was selected to undertake an audit of City facilities based on the Request for Proposals released in November 2010 (RFP No. 2010 -06). City Council was given a presentation on April 19, 2011 regarding the contract with McKinstry Essention to proceed with a technical audit of City facilities, and the future Energy Performance Contract to retrofit major City facilities. That contract was a no -cost contract subject to the City entering the Energy Performance contract for facilities when the cost of the retrofit could be paid for with the realized energy savings. The facilities to be audited in Phase 2 include: • Gas Department • Water Utilities Department • Police Training Academy • Northwest Library • Frost Bank Building K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \MCKINSTRY \AGENDA MEMO -TECHNICAL ENERGY AUDIT PHASE 2.DOCX • HEB Tennis Center • Fire Station No. 10 • Fire Station No. 3 The Energy Performance Contract represents a fixed price Design /Build contract. McKinstry Essention is acting as the design engineer and contractor. They have solicited proposals from sub - contractors for the electrical, mechanical, controls and other retrofits. McKinstry Essention functions as the general contractor. They supply the insurance certificates, payment and performance bond required for all construction projects. The detailed technical audit for the overall project revealed that significant energy savings could be achieved with a ten year payback of the retrofit costs. The savings were analyzed in terms of energy savings, and other operational maintenance reductions. The range of savings items include: • High efficiency hand dryers • Lighting improvements • Water conservation • Vending machine power management • HVAC equipment and controls systems upgrades The list includes equipment that is at the end of its service life that will require replacement, or system redesigns. Work being done in the Gas Department, Water Utilities Department, and Police Training require 8 -15 years to achieve payback through the energy and operational savings. The project will replace air conditioning units, installing programmable thermostats and redesigning existing air distribution systems. Water Conservation measures on all the listed facilities will provide an 8 -15 year payback. Retrofitting existing fixtures will save on water and sewer costs. ALTERNATIVES: 1. Execute Amendment No. 1 with McKinstry Essention as proposed. 2. Do not execute Amendment No. 1 with McKinstry Essention as proposed. OTHER CONSIDERATIONS: The savings will be guaranteed by McKinstry as part of the Performance Contract. A performance audit will be conducted annually to verify the annual energy savings. McKinstry will pay the cost difference if projected savings are not realized based on Kwh usage. A total energy and operational savings of $782,722.00 annually is projected. It is anticipated that a future contract amendment (Energy Performance Contract) will be presented for City Council consideration should the Phase 2 audit identify retrofit opportunities that achieve significant energy savings. CONFORMITY TO CITY POLICY: Amendment No. 1 complies with the Professional Procurement Act and City Policy EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Affected Departments participated in the audit process, development of the project scopes, and concur with proceeding with the execution of Amendment No. 1. K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \MCKINSTRY \AGENDA MEMO -TECHNICAL ENERGY AUDIT PHASE 2.DOCX FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $7,392,041.93 $7,392,041.93 Ordinance 40,389.00 40,389.00 Subtotal $7,432,430.93 $7,432,430.93 Encumbered /Expended $7,280,397.99 $7,280,397.99 Amount This item $125,000.00 $125,000.00 Future Anticipated Expenditures This Project BALANCE $27,032.94 $27,032.94 Fund(s): City Hall CIP Fund Comments: Amendment No. 1 will result in the expenditure of an amount not to exceed $125,000. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 with McKinstry Essention. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Ordinance K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \MCKINSTRY \AGENDA MEMO -TECHNICAL ENERGY AUDIT PHASE 2.DOCX D oerraxAL CITY OF CORPUS CHRISTI TECHNICAL ENERGY AUDIT & PROJECT PROPOSAL CONTRACT TABLE OF CONTENTS Technical Energy Audit and Project Proposal Contract Exhibit. A: Scope of Work Exhibit B: Notice of Acceptance of Technical Energy Audit Report Exhibit C: Elements to Include in Measurement and Verification Plan Exhibit D: Cost and Pricing Exhibit E: Mandatory Insurance Requirements, INDEMNIFICATION AND HOLD HARMLESS Page 'I of 29 TECHNICAL ENERGY AUDIT AND PROJECT PROPOSAL CONTRACT This Technical Energy Audit & Project Contract (the "Contract ") is made and into between McKinstry Essention, LLC ( "ESCO "), having its principal offices at 13465 Midway Road, Dallas, TX 75244, with local office at 555, N. Carancahua Street, Suite 860, Corpus Christi, TX 78401, and the City of Corpus Christi, a Texas home rule municipal corporation, hereinafter referred to as ( "City "), at 1201 Leopard Street, Corpus Christi, TX 78401. WITNESSETH WHEREAS, This Contract was created for use of the City to obtain a technical energy audit of several facilities from a private energy service company (ESCO). WHEREAS, Authority exists for the City to enter into this contract; and the required approval, clearance and coordination have been accomplished from and with appropriate departments. WHEREAS, ESCO is a company with experience and technical and management capabilities to provide for the discovery, engineering, procurement, installation, financing, savings guarantee, maintenance and monitoring of energy and water saving measures at facilities similar in size, function and system type to City's facilities; and WHEREAS, ESCO has submitted a Proposal, in response to City's Request for Proposals (RFP), pertaining to the discovery, engineering, procurement, installation, financing, savings guarantee, maintenance and monitoring of energy and water saving measures at City's facilities; and WHEREAS, City has selected ESCO to provide the services described herein; and WHEREAS, City desires to enter into a Contract to have ESCO perform a Technical Energy Audit and Project Proposal to determine the feasibility of entering into an Energy Performance Contract to provide for installation and implementation of energy and water saving measures at City's facilities. WHEREAS, if energy and water saving measures are determined to be feasible, and if the amount of savings can be reasonably sufficient to cover all costs, as defined by the City, associated with an energy performance contracting project, the parties intend to negotiate an Energy Performance Contract under which the ESCO will design, procure, install, implement, maintain and monitor such energy and water saving measures. However, this intent does not commit City to entering into such Energy Performance Contract. Page 2 of 29 THEREFORE, the parties agree as follows: I.. Technical Energy Audit and Project Proposal Contract ESCO agrees to perform a Technical Energy Audit in accordance with the Scope of Work final report within 90 calendar days from the execution of this Contract. .City agrees to assist the ESCO in performing the Technical Energy Audit in accordance with the Scope of Work described below. City agrees to work diligently to provide full and accurate information. ESCO agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. The parties contemplate that this will be an iterative process and that City will have a reasonable amount of time to review and determine acceptance, which is anticipated to not exceed 30 days, before issuing the Notice of Acceptance (Exhibit 8), ESCO agrees to offer an Energy Performance Contract Proposal with a package of energy and water saving measures and with details as specified in the Scope of Work below. 2. Compensation to ESCO ESCO shall be compensated as follows; Payment through Performance Contract. City shall have no payment obligations under this contract provided that ESCO and City execute an Energy Performance Contract within 60 calendar days after issuance of the Notice of Acceptance (Exhibit B) of the final Technical Energy Audit and Project Proposal Contract, but the. fee indicated above shall be incorporated into ESCO's project costs in the Energy Performance Contract and paid through the Energy Performance Contract funding mechanisms. Project With Insufficient Savings. City shall have no payment obligations under this Contract in the event that ESCO's final Technical Energy Audit and Project Proposal Contract does not contain a package of energy and water saving measures which, if implemented and as meeting terms of Exhibit A: Scope of Work, (b) Guidelines and Requirements, will provide the City with cash savings sufficient to fund City's payments of all costs and fees associated with the Energy Performance Contract, including 1) the fee associated with the Technical Energy Audit, 2) all monthly payments on a lease purchase agreement to finance the measures, 3) any annual fees for monitoring and maintenance incurred by the ESCO. Should the ESCO determine at any time during the Technical Energy Audit that savings cahnot be attained to meet these 'term s, the Technical Energy Audit will be terminated by written notice by the ESCO to City. In this event this Contract shall be cancelled and City shall have no obligation to pay, in whole or'in part, the amount specified in Exhibit D. or would be contemplated by the execution of a project proposal contract (Exhibit D). Page 3 of 29 3. Scope of Work The Technical Energy Audit and Energy Performance Proposal Contract shall be performed as described in Exhibit A: Scope of Work. This Contract may be terminated at any time as described below by: a. Termination for Default/Cause 1) Default. If the ESCO refuses or fails to timely perform any of the provisions of this contract; with such diligence as will ensure its completion. within the time specified in this contract, the City may notify the ESCO in writing of the non - performance, and if not promptly corrected within the time specified, the City may terminate the ESCO's right to proceed with. the contract or such part of the contract as to which there has been delay -or a failure to properly perform. The ESCO shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services. elsewhere. 2) ESCO's Duties Notwithstanding termination of the contract and subject to any directions from the City, the ESCO shall take timely, reasonable and necessary action to protect and preserve property in the possession of the ESCO in which the City has an interest. 3) Compensation Payment for completed services delivered and accepted by City shall be according to the Performance Contract. The City (purchasing institution) may withhold amounts due to the ESCO as the City deems to be necessary to protect the City (purchasing institution) against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services. 4) Excuse for Nonperformance or Delayed Performance The ESCO shall not be in default by reason of any failure in performance of this contract in accordance with its terms if such failure arlses out of acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual. capacity; fires; floods; epidemics; quarantine restrictions, strikes or other labor disputes; freight embargoes; or unusually severe weather. Upon request of the ESCO, the .City shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the ESCO's progress and performance would have Met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the City. Erroneous Termination for Default If after notice of termination of the ESCO's right to proceed under the provisions of this clause, it is determined for any reason that the ESCO was not in default under the provisions of this clause, or that the delay was excusable; the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause. Page 4 of 29 b. Termination for.Convenlence 1) Termination The City.may, when the interests of the City so require, terminate this contract in whole or in part, for the convenience of the City. The City shall give written notice of the termination to the ESCO specifying the part of the contract terminated and when contract by exercise of the Termination for Convenience Clause. 2) ESCO's Obligations The ESCO shall incur no further obligations in connection with the terminated work and on the date .set in the notice of termination the ESCO will stop work to the extent specified The ESCO shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The ESCO shall settle the liabilities and claims arising out of the termination. of subcontracts and orders connected with the terminated work. The City may direct the.ESCO to assign the ESCO's right, title, and interest under terminated orders or subcontracts to the City. The ESCO must still complete and deliver to the City purchasing institution the work not terminated by the Notice of Termination and may incur obligations as are necessary to do so. 3) Compensation a) The ESCO shall submit a termination claim specifying the amounts due because of the termination for convenience together with cost or pricing data bearing on such claim. if the ESCO fails to file a termination claim within 90 days from the effective date of termination, the City may pay the ESCO, if at all, an amount set in accordance with subparagraph C of this Section. b) The City and the ESCO may agree to a settlement provided the ESCO has filed a termination claim supported by cost or pricing data and that the settlement does not exceed the total contract price, reduced by payments previously made by the City the proceeds of any sales of supplies and manufactured materials made under agreement, and the contract price of the work not terminated. c) Absent . complete agreement, under subparagraph B of this Section, the City shall pay the ESCO the following amounts, provided the payments agreed to under subparagraph B shall not duplicate payments under this subparagraph: (1) Contract. prices for supplies or services accepted under the contract; (2) Reasonable costs for actual work completed prior to termination as described in Exhibit D. (3) The total sum to be paid the ESCO under this subparagraph C shall not exceed the total contract price, reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and materials under subparagraph B, and the contract price of work not terminated. d) Cost claimed or agreed to under this section shall be in accordance with applicable sections of the laws of the State of Texas, including procurement laws .under the Texas Local Government Code c. Available Funds — Contingency - Remedies The City is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. Therefore, ESCO's. compensation is contingent upon the continuing availability of City'appropriations. Payments pursuant to this contract shall only be made from available funds encumbered for this Contract, and the City's liability for such payments shall be limited to the amount remaining of such encumbered funds. If City or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the City may immediately terminate the Contract in whole or in part without further liability in accordance with tho Termination for Cause Page 5 of 29 subsection of the Remedies section of this Contract. All payments are subject to the general Remedies section of this Contract d. At any as described in Section 2.b above, Before commencing any Work under this Contract, ESCO shall file with City certificates of insurance evidencing the coverages as specified below and adhere to the requirements in Exhibit E, Mandatory Insurance Requirements: a. It is agreed and understood ESCO shall maintain in full force and effect adequate commercial general liability insurance and property damage insurance, as well as workmen's compensation and employer's liability insurance pursuant to the State insurance requirements as defined below. b. The ESCO shall obtain, and maintain at all times during the term of this Agreement, Insurance in the fallowing kinds and amounts. 1} Standard Workers' Compensation which complies with the Texas Workers Compensation Act, and Employer's Liability as required by State statute, including occupational disease, covering all employees at the work site. 2) General Liability (minimum coverage) 1) Combined single limit of $2,000,000 written on an occurrence basis, 2) The . 1ESCO must purchase additional insurance if claims reduce the annual aggregate below $2,000,000. 3) Automobile Liability (minimum coverage) in the amount of $1,000,000 combined single limit 4) Excess Liability in the amount of $1,000,000 combined single limit. 5) The City shall be named as an ' additional insured on each commercial general liability policy. 6) The insurance shall include provisions preventing cancellation without 30 calendar days prior written notice, by certified mail to the Principal Representative 7) E$CO shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of the Services contemplated in this Contract, provided that any such claim, damage, loss or expense is caused by any negligent act, error or omission of ESCO, any Consultant or associate thereof, or anyone directly or indirectly employed by ESCO. ESCO shall submit a Certificate of insurance at the signing of this Contract and also any notices of Renewal of said Policy as they occur. 6. Energy Performance Contract. The Parties intend to negotiate an Energy Performance Contract under which the ESCO will design, install and implement energy and water saving measures which the Parties have agreed Page 6 of 29 to; and provide certain maintenance and .monitoring services, However, nothing in this Contract . should be construed as an obligation on any of the Parties to execute such a contract, The terms and provisions of such an Energy Performance 'Contract will .be set forth in a separate contract, 7. Extent of Agreement This Contract represents the entire and integrated agreement between City and ESCO and supersedes all prior negotiations, representations or agreement, either written or oral. This Contract may be amended only by written instrument signed by the City. The'City and. ESCO understand and agree the attachment and exhibits hereto are and shall be an integral part of this Contract and the terms and provisions thereof are hereby incorporated, made a part of and shall supplement those recited herein. The terms and provisions of RI=P NO, 20.16 -06 Request for Qualifications /Proposals for Energy Performance Contracting Services for the City of Corpus Christi, Issued Nov 8, 2010, and ESCO's proposal submitted in response to same, are hereby incorporated and made a part of this contract. In the event of any conflict, or variance, the terms and provisions of this printed Agreement shall supersede., govern and control. Except for work described. by the Contract (Amendment No.1), the work provided by the initial Fixed Priced Energy Performance Contract DesignlBuild Agreement will be accepted and closed out including final billing and retention for the initial designed and installed work by letter from the City's Representative (as defined in Article 12(M) of the contract for the initial Fixed Prices Energy Performance Contract). Page 7 of 29 8. . Term The term of this Contract will become effective upon approval by the City and acceptance by the ESCOs Principal Representative. The term shall end 30 days after signing of the Energy Performance Contract by the City and the ESCO's Principal Representative or termination in 9. Order of Precedence In the. event of conflict or inconsistency between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Contract general terms and condition_ s Other exhibits or attachments THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto subscribe their names. to this Contract on the date first written above. City of Corpus Christi Qscar R, Martinez (Date) Assistant City Manager Recommended Daniel Biles, P.E., (Date) Director of Engineering Services ATTEST: .Armando Chapa, City Secretary McKinstry Essention LLC t I. z %7l l3 Josel1h Hagar,. Director of Finance 5005 Third Avenue South Seattle, WA, 98134 (206) 762-3311 Phone (206) 762 -2624 Fax corporateoffice @mckinstry.com Page 8 of 29 EXHIBIT A Scope of Work a. Process This will be an Interactive approach in working with City, following these steps: Preliminary Assessment of Technical and Economic bleeds and Opportunities a) Meet with City to establish + Energy Efficiency and Conservaton Committee consisting of 2 City Council Representatives, City Manager, Assistant City Manager, f=inance Manager, City Engineer, Facilities Management, Street Light Management • Establish communication protocols • Establish issue resolution process • - Establish peer to peer relationship matrix • - Review City Council briefing process • Establish tennative City Coucif presentation dates • Review and establish schedule to develop and present the financial plan that vyrill support the Implementation of this project • Establish recurring review meeting dates for the Energy Efficiency and Conservation Committee to occur before City Council briefing. b) Meet with City's key stake holders to establish interests, plans, problems, etc. related to facilities and operation of facilities. c) Collect financial data and background to establish the funding model for the energy savings performance contract. d) "Collect administrative data concerning current plans and strategies to implement "green" and energy related strategies within the City. e) Collect data and background information on buildings, equipment and facilities operation f) Perform a preliminary walk- through of facilities and interview staff and occupants to identify potential measures g) Meet with City to present prelminary findings and establish agreement on measures to analyze 2) Preliminary Analysis of Measures a) Establish base year consumption and reconcile with end -use consumption estimates b) Conduct a preliminary analysis of potential measures c) Meet with City to present preliminary findings and establish agreement on measures to further analyze 3) Further Analysis and Audit Report a) Further analyze measures b) Develop a draft Technical Energy Audit Report c) Meet with City to present results d) Prepare final Technical Energy Audit Report Page 9 of 29 4.) ;Energy Performance Contract Proposal a) Develop energy performance contract proposal .b) Meet with City to present results and negotiate final terms 1) Energy Performance Contract Term. The Energy Performance Contract Term shall have a term no greater than twenty (20) years and no greater than the cost-weighted average lifetime of the equipment. A typical term is 10 -17 Years and is governed by financing availability, longevity of installed measures, and ability for savings to allow a cash -flow to pay for the desired scope of projects, City's goal. is fora term no greater than fifteen (17) years. 2) Annual Guaranteed Energy and Cost Savings. The annual guarantee. is 'required for the entire financing term; however City has the option to terminate the guarantee at any time after the first three years of the contract term provided the annual guaranteed energy and cost savings were achieved each prior year. The guarantee Is based on cost savings attributable to all energy saving measures, and must equal or exceed all project costs each year during the contract period. .Annual project costs include debt service, Contractor fees., maintenance services, monitoring services, and other services. 3) ESCO to provide assistance to the City in the procurement and selection of the independent third -party professional to review the ESCO's measurement and verification reports. 4) Excess Savings. Annual cost savings beyond the guaranteed minimum savings will be retained by City, and will not be allocated to shortfalls in other years. 5) Annual Savings Estimates: The annual savings estimates for all measures must be estimated for each year during the contract period. 6) Allowable cost and savings factors approved for consideration: City will provide ESCO with sufficient guidance to develop savings estimates. a) Payment sources that can be incorporated: 1 Energy and water cost savings 2 Material /commodity savings, :including scheduled replacement of parts (only for years that these cost savings are applicable) 3 Outside labor cost savings, including maintenance contracts 4 In -house labor costs 5 Deferred maintenance cost 6 Offset of future capital cost 7 Outside incentive funds (utility incentives, grants, etc.) 8 Any savings related to maintenance and operation of the facilities will be limited to those that can be thoroughly documented. b) Payment sources that may also be considered and negotiated: 1. Utllity rebates and incentives 2. Grants (as available) that relate to the scope of work identified during the development of this project. 3. Current and future capital budgets that may be identified for the scope of work identified during the development of this project. Page 40 of N c) Additional factors related to establishing savings that cover all costs: I Escalation rates that apply to each payment source. These are rates to be used in cash flow projections for project development purposes. 2 Interest rates (municipal tax - exempt rates for public institutions) rates will be used in the Technical Energy Audit and subsequent Energy Performance Contract. c. Collect financial and technical data and back-ground information from City concerning facility oper'at'ion and energy use for the most recent three years from the effective date of this Contract as follows. a) City annual budget reports b) Department specific operating budgets and actual cost information connected with the cost to operate and maintain existing systems. c) Building square footage, d) Construction data of buildings and major additions including building envelope e) Utility co'mpanyinvoices f) Occupancy and usage information g) Description of all energy - consuming or energy- saving equipment used on the premises, as available. h) Description of energy management procedures utilized on the premises i) Description of any energy- related improvements made or currently being implemented j) Description of any changes in the structure of the facility or energy -using or water -using equipment l<) Descrption of future plans regarding building modifications or equipment modifications and replacements 1) Drawings, as available (may include mechanical, plumbing, electrical, building 'automation and temperature controls, structural, architectural, modifications and remodels) m) Original construction submittals and factory data (specifications, pump curves, etc.), as available n Operating engineer logs, maintenance work orders, etc., as available P) Records of maintenance expenditures on energy -using equipment, including service contracts p) Prior energy audits or studies, if any City agrees to worst diligently to furnish ESCO, upon request, accurate and complete data and information as available: Where information is not available from City, ESCO will make a diligent effort to collect such information through the facility inspection, staff interviews, and utility companies. Page l l of 29 ESCO agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. d. IdentifU potential measures building regarding: a) Facility operation, including energy management procedures b) Equipment maintenance problems c) Comfort problems and requirements d) Equipment reliability e) Projected equipment needs f) Occupancy`and use schedules for the facility and specific equipment. g) Facility improvements — past, planned and desired 2) Survey major energy -using equipment, including lighting (indoor and outdoor), heating and heat distribution systems, cooling systems and related equipment, automatic temperature control systems and equipment, air distribution systems and equipment, outdoor ventilation systems and equipment; exhaust systems and equipment; hot water systems, electric motors, transmission and. drive systems, special systems (kitchen /dining equipment, etc.), renewable energy systems, other energy using systems, water consuming systems (restroom fixtures, water fountains, irrigation systems, etc.) 3) Perform °fate- night"surveys outside of normal business hours or on weekends to confirm building system and occupancy schedules, if deemed necessary. 4) 'Develop a preliminary list of potential energy and water saving measures. Consider the following for each system: a) Comfort and maintenance problems b) Energy use, loads, proper sizing, efficiencies and hours of operation c) Current operating condition d) Remaining useful life e) Feasibility of system. replacement f) Hazardous materials and other environmental concerns g) City's future plans for equipment replacement or building renovations h) Facility operation and maintenance procedures that could be affected i) Capability to.measure energy performance and verify savings City will allow ESCO reasonable access to facility and street fighting staff to ensure understanding of existing systems and opportunities. ESCO agrees to work diligently to assess validity of information provided and to confirm or correct the information as needed. Page 12 of 29 e. Establish base year consumption and reconcile with end use consumption estimates. 1) Establish base year consumption by examining utility bills for the past three years for electricity, gas, steam, water, etc. Present base year consumption in terms of energy units (kWh, kW, ccf, Therms, gallons, or other units used in bills), in terms of dollars,-and year (averaging, selecting most representative contiguous 12 months, etc.). Consult with 'facility.personnel to account for any anomalous schedule or operating conditions on billings that could skew the base year representation. ESCO will account for periods of time when equipment was broken or malfunctioning in calculating the base year. 2) Estimate loading, usage and/or hours of operation for all major end uses of total facility consumption including, but not limited to; lighting, heating, cooling, motors. (fans and pumps), plug loads, and other major energy and water using equipment. Where loading or usage are highly uncertain (including variable loads such as cooling), ESCO will use its best judgment, spot measurements or short -term monitoring. ESCO should not assume that equipment run hours equal the operating hours of the building(s) or facility staff estimates. 3) Reconcile annual end -use estimated consumption with the annual base year consumption. This reconciliation will place reasonable "real- world" limits on potential savings. 4) Propose adjustments to the baseline for energy and water saving measures that will be implemented in the future. f. Develop a preliminary analysis -of potential energy and water saving measures. This list shall be compiled and submitted to City within 45 calendar days of the execution of this Contract. 1) List all potential opportunities, whether cost - effective or not. Consider technologies in a comprehensive approach including, but not limited to: lighting .systems, heating /ventilatinglair conditioning equipment: and distribution systems, controls systeims, building envelope, motors, kitchen equipment, pools, renewable energy systems, other special equipment, irrigation systems, and water saving devices. 2) Identify measures which appear likely to be cost effective and therefore warrant detailed analysis 3) For each measure, prepare a preliminary estimate of energy or water cost savings including description of analysis methodology, supporting calculations and assumptions .used to estimate savings. g. Meet With City. Ener Efficiency and Conservation Committee Finance and Cit Council to gresent preliminary findings prior to thorough analysis. Describe how the projected project economics meet the City's terms for completing the Technical Energy Audit and Proposal Contract. Discuss assessment of energy use, savings potential, project opportunities, and potential for developing an energy performance contract. Develop a list Page 13 of 29 of recommended measures for further analysis. The City shall have the option to reject calculations of savings, potential savings allowed, or project recommendations. h. Anal ze "savin s and costs (including operational and maintenance cost for each 1) Follow the methodology of ASHRAE or other nationally- recognized authority following the engineering principle(s) identified for each retrofit option 2) Utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings. Include accurate marginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline to reflect current conditions at the facility, calculations which account for the interactive effects of the recommended measures. 3) Use best judgment regarding the employment of instrumentation and recording durations so as to achieve an accurate and faithful characterization of energy use 4) Use markups and fees stated above in all cost estimates. 5) Develop a preliminary measurement and verification plan for each measure '6) Follow additional guidelines for analysis and report preparation given below 7) Include cost to provide services and complete application for Energy Star Label. ii. Prepare a Draft Technical Energy Audit Report. The report provides an engineering and economic.basis for negotiating a potential Energy Performance Contract between the City and the ESCO. The draft report shall. be completed within 60 calendar days of the date of execution of this Contract. The report shall be presented to the Energy Efficlency Committee, Finance and City Council. The report shall include: 1) Overview a) Contact information b) Summary table of recommended energy and water saving measures, with itemization for each measure of total design and construction cost, annual maintenance costs, the first . year cost avoidance (in dollars and energy units), simple payback and equipment service life c) Summary of annual energy and water use by fuel type and costs of existing or base year condition d) Calculation of cost savings expected if all recommended measures are implemented and 'total percentage savings of total facility energy cost. e) Description of the existing facility, mechanical and electrical systems f) Summary description of measures, including estimated costs and savings for each as detailed above g} Discussion of measures considered but not investigated in detail h) f=inancial structure of the energy savings performance contract. i) Conclusions and recommendations Page 14 of 29 2) Base year energy use a) description and itemization of current billing rates, including schedules and riders. b) Summary of all utility bills for all fuel types and water c) Identification and definition of base year consumption and description of how established plug loads, etc) with with base year (include discussion of any unusual findings) 3) Full description of each energy and water saving measure including: a) Written description 1) Existing conditions 2) Description of equipment to be installed and how it will function 3) Include discussion of facility operations and maintenance procedures that will be affected by installation /implementation. 4) Present the plan for installing or implementing the recommendation. b. Savings calculations 1) Base year energy use and cost 2) Post- retrofit energy use and cost 3) Savings estimates including analysis methodology, supporting calculations and assumptions used. 4) Annual savings estimates. The cost savings for all energy saving measures must be estimated for each year during the contract period. Savings must be able to be achieved each year (cannot report average annual savings over the term of the contract). 5) Savings estimates must be limited to savings allowed by the City as described above. 6) Percent cost - avoidance projected 7) Description and calculations for any proposed rate changes 8) Explanation of how savings interactions between retrofit options are accounted for in calculations. 9) Operation and maintenance savings, including detailed calculations and description. Ensure that maintenance savings are only applied in the applicable years and only during the lifetime of the particular equipment. 10) Business Case Analysis demonstrating the overall performance of the project including the estimated annual energy savings, utility rates, operations and maintenance savings, lease purchase rates and project cost. 11) If computer simulation is used, include a short description and state key input data. If requested by City, access will be provided to the program and. all assumptions and inputs used, and/or printouts shall be provided of all input files and important output files and included in the Technical Energy Audit with documentation that explains how the final savings figures are derived from the simulation program output printouts. Page 15 of 29 12) If manual calculations are employed, formulas, assumptions and key data shall be stated. 13) Conclusions, observations, caveats c. :Cost estimate -- detailed scope of the construction estimating. Include all anticipated costs associated wit h t'roviae speciricavoi water fixture counts. components work needed, suitable for installation and implement-, as well as detailed lighting cost and 1.) Engineering /design costs 2) ESCOlvendor estimates for labor, materials, and equipment; include special provisions, overtime, etc., as needed to accomplish the work with minimum disruption to the operations of the facilities. 3) Permit costs 4) Construction management fees 5) Environmental costs or benefits (disposal, avoided emissions, handling of hazardous materials, etc.) 6) Note that all markups and fees stated in this Contract shall be used in the cost estimates, unless otherwise documented and justified due to change in scope or size of project or other unforeseen.circumstances. 7) Conclusions, observations, caveats 8) Other cost categories as defined above under "markups" in Section 3b above. d. Other 1) Estimate of average useful service life of equipment 2) Preliminary commissioning plan 3) Preliminary measurement arnd verification plan, following the International Performance Measurement and Verification Protocol (IPMVP), explaining how savings from each measure is to be measured and verified (stipulated by Contract, utility bill analysis, end- use measurement and calculation, etc.). The Preliminary M &V plan small include all elements provided in Exhibit C: Elements to Include in Measurement Verification Plan. 4) Discussion of impacts that facility would incur after contract ends, Consider operation and maintenance impacts, staffing impacts, budget impacts, etc., and Identify who is responsible for maintenance. 5) Compatibility with existing systems. Include the name of the existing controls system, if new controls systems will have to be compatible with an existing brand of controls. Also note if a sole- source vendor is established for controls systems. 6) Complete appendices that document the data used to prepare the analyses. Describe how data were collected. j. MeetwithCity. Review'the recommendations, savings calculations and impact of the measures on the operations of the facility. Describe how the projected project economics meet the City's terms Page 16 of 29 for completing the Technical Energy Audit and Performance Contract Proposal. Discuss the Willingness and capability of City to make capital contributions to the'project to improve the economics of the overall project, Finance and City Council The final report shall be .completed and delivered to City for review and presentation to City Council for approval within 120 calendar days of the date of execution of this Contract which is. .expected no later than August 5, 2013, I. 'Prepare an Energy Performance Contract Proposal (Term Sheet). in anticipation of ESCO and City entering into an Energy Performance Contract to design, install, monitor and .guarantee the performance of the energy and water saving measures proposed in the Technical Energy Audit Report, ESCO shall prepare a proposal for terms to be incorporated in a Energy Performance contract to include:. 1.) Project Cost is the total amount City will pay for the project, ESCO's services and the cost of funding.. Costs must be consistent with maximum markups and fees established above. Costs may include but are not limited to: engineering, designing, packaging, procuring; installing (from Technical Energy Audit Report results); performance /payment bond costs; construction management fees; commissioning costs; maintenance fees; monitoring fees; training fees; legal services; overhead and profit; other markups. 2) Include a List of Services that will be provided as related to each cost. 3) Expected term of the Energy Performance Contract. 4) Description of how the project will be financed including available interest rates and financing terms, based on interest rates likely available to City at this time, and based on a 60 -day and 90 -day lock option. 5) Explanation of bow the savings will be calculated and adjusted due to weather (such as heating and codling degree days), occupancy or other factors. Measurement and verification methods must be consistent with the International Performance Measurement and Verification Protocol 2009. 6) Analysis of annual business case analysis for City during the contract term. Page 17 of 2g EXHIBIT B Notice of Acceptance of Technical Energy Audit Report Date of Notice Notice is hereby given that City accepts the Technical Energy Audit and Project Development Proposal by ESC4, as contemplated in Exhibit D of the Technical Energy Audit and Project Proposal Contract dated City of Corpus Christi M Date Whon completely executed, this form is to be sent by certified mail to the ESCO by the Clty'of Corpus Christi. Pago 18 of 29 EXHIBIT C Elements to Include in Measurement and Verification Plan A; Describe the Baseline Development B: Describe Project Specific Measurement & Verification Plan D: Describe Periodic Performance Period Verification Page 1 g of N EXHIBIT D Cost and Pricing hacoordance with Exhibit A — Scope of Work, the following facilities owned and leased by the City of Corpus Christi will be included In the Technical Energy Audit performed by McKinstry, Fire Department Fire Station #1 514 Belden 17.112 tattorr# 342-rU River RU x;808 Fire Station #3 1401 Morgan 9,520 Fire Statlon #4 2338 Rodd Field Rd. 4,000 Fire Station #5 3310 Leopard 4,223 Fire Station #6 5713 Weber 4,608 Fire.Station #7 3722 Staples 4,720 Fire Station #8 4639 Kostoryz 073 Fire Station #9 501 Navigation 3,961 Fire Station #10 1550 Horne Rd. 4,770 d ire Station #11 910 Airline 4,888 Fire Station #12 2136 Rand Morgan 4,888 Fire Station #13 1802 Waldron 5,796 Fire Station #14 5901. S. Staples 5,488 Flre Statlon #15 94202 Commodore 4,784 Fire Station #16 97959 State Hwy, 361 4,000 Fire Station #161Pk Mtnc Beach Office 97959 State Hwy. 361 4,230 Gym & Garage 21418 S. Carancahua 6,928 Gas bepartment Gas Division Office /Shops 4225 S. Port Ave. 11,300 Water/Wastewater Water Utilities Building .2626 Holly Rd. 20,504 Library Services Northwest Branch Library 3202 McKinzie 9,804 Nayland Branch Llbrary, Ike Parkdale 1230 Carmel Pkwy. 15,000 Kahle South Side 5922 Brookhampton 12,000 Greenwood Branch Library 4044 Greenwood 16,095 Harte Public Library 2629 Waldron Rd. 13,560 Art Center & Museum Art COMM Center 100 N. Shoreline 14,210 Art Museum of S. Texas 1902 N. Shoreline 31,470 Art Museum Addn- A 1902 N. Shoreline 26,100 Art Museum Addn• B 1902 N. Shoreline Unk Marina Marina Boaters. Facility 98 People St. 1,196 Elect Bldg/INW Lift Sta /Boaters Facility Lawrence St. T -Head 216 Page 20 of 29 Page 21 of 29 Boat Dock B and C Lighting Tennis Centers TC Ayers Covered Courts 1722 Winnebago None Al Kruse Tennis Center 500 King 3,750 HEB Tennis Center Stadium 1520 Shely 1,218 HEB Tennis Concession 1520 Shely 2,244 HEB Tennis Locker Room 1520 Shely 1,084 HEB Tennis Center Expansion 1520 Shely 31750 HEB Tennis Center Stadium 1520 Shely 12,980 HEB Tennis Center Stadium 1520 Shely 1,700 Recreation Centers Ben Garza Gym /Rec Center 1818 Howard 11,920 Ben Garza Sports Pavilion 18115 Howard 14,319 Joe, Garza Rec Center 3202 Highland 14,326 Osa Rec Center 1191 Bernice 3,095 Oak Park Rec Center 842 Erwin 4,790 Klwanis Red Center 3933 Timon Blvd. 2,882 Solomon Coles Recreation Center 924 Winnebago nla Undale Rec Center 3133 Swantnor 8,511 TO Ayers Rec Center 1722 Winnebago 5,350 Senior Centers Zavala Senior Center 510 Osage 7,140 New Garden Senior. Center 5325 Greely 14,976 Oveal Williams. Senior Center 1414 Martin Luther icing 10,320 Northwest Senior Center 9725 Up River Rd, 10,802 Lindale Senior Center 3135 Swantner 8,254 Broadmoor Senior Center 1651 Tarlton 10,000 Greenwood Senior Center 4040 Greenwood 8,254 Ethel Eyerly Senior Center 654 Graham 9,220 Leased Frost Bank Leased Office 24 02 Leopard St. 50,316 Purchasing Warehouse 5352 Ayers ft-A 14,400 Water Conservation Phase 1 and 2 Facilities All Capital Upgrades • City Hail City Hall — Boiler replacement and controls for beating water system 1201 Leopard 152;361 City Hall — Add chemical free condenser water treatment. system Page 21 of 29 capital Upgrades - Central Library Central Library — Replace air - cooled chillers 805 Comanche 78,400 Central Library — Add air conditioning for server room Central Library — Create archive storage wtlh humidity control Capital Upgrades — science and Histroy Museum Museum — Replace Pnuematic valves and dampers with electronic actuators 1900 Chaparral St 85,000 Museum -- Replace fire alarm system Museum -- Replace rooftop unit Museum -- Replace boiler Museum - Replace roof Capital Upgrades- American Rank Center (ABC) ABC - Replace valves and dampers with electronic actuators 1701 N Shoreline St 488,342 ABC : Lighting Controls .ABC —Rebuild each make -up air units ABC -- Replace return air fans ABC — Replace air handling units ABC —Add chemical free condensor water treatment system Capital upgrades — Police and Courts (P &C) P &C — Redesign and replace ductwork in select areas 120 N Chaparral St 102,580 P&G —Add chemical free condensor water treatment system Capital Upgrades — Health Department (Health) Health —Replace aging air handling units 1742 Horne Rd 46,678 Health — Replace aging boiler Health -- Add variable frequency drives to chilled water pumps Smart Building Solutions Total Square Footage 1,461,972 Page 22 of 29 The total fee for this work is $125,000,00. This fee includes all labor, materials, travel casts, overhead and profit required to perform the scope of work defined herein. As described in the RF'Q response, Overhead Is calculated as a gross margin percentage of 101/a and Profit (Earnings. Before Interest and Taxes) is calculated as a gross margin percentage It is mutually acknowledged the City is not required to execute an Energy Performance Contract for any or all of the facilities audits. However, if the City does not execute an Energy Service Performance Contract to address Audit Costs for feasible projects, and the Technical Energy Audit is not terminated in conformance with Section 4, this fee will become due and payable by the City upon agreement as to the termination costs due. Labor Rates, including overhead and profit used as a basis for estimate of TEA costs: Project Director $131:1 aihour Account Manager $117.75/hour Pro ram.Mam erSr, $104,711hour Pro ram Manager $90,8Whour Enerqy Engineer Sr. $98.741hour Energy En ineer $873Whour Ener gy Auditor $67.70/hour Cornmisslonln /Controls Engineer $86.61/hour Senior rDesigner/Engineer $102,691hour Professional En ineer $102.821hour Pro ectErr ineer $70,07 /hour Prgiect Mana er Sr. $112.591hour Pro ect Mana er $87.551hour Fadlity Manager $96,31/hour Estimator $97,75/hour Admin -SR $67,141hour Adrnin -Su port Staff $62.45/hour Page 23 of 29 Exhibit E MANDATORY INSURANCE REQUIREMENTS FOR AIE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A.. Consultant must not commence work required herein has been obtained and City. The Consultant must not allow an under this agreement until all insurance such insurance has been approved by the subcontractor to commence work until all B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage's by insurance company(s) acceptable to :the City's Risk Manager. The City must be named as an additional insured for all liability policies,, and a blanket waiver of subrogation is required on all applicable policies. OF INSURANCE 310 -Day Written Notice of Cancellation, non =renewal or material change required .on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad f=orm 2. Premises - Operations 3. Products/ Completed Operations 4 Contractual Liability 5: Independent Contractors COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired -- Non-owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1: Errors and Omissions SATION MPLOYERS' LIABILITY $1,000,000 per claim 1 $2,000,000 aggregate (Defense costs not included in face value of the policy) if claims made policy, retro date must be .prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 0001500 C. In the event of accidents of.any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. Page 24 of 29 D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on -a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met, E. Consultant's financial integrity is of interest to the City; therefore, subject to Suocessful Consultant's right to maintain reasonable deductibles in such amounts as are - approved- by- thL—City,— Consultant -sh'all -obtain a maintair�r full rid e ec or duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. 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 polieles). Consultant shall be required to comply with any such requests and shall submit. a copy .of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus.Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4556 C. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii, Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iV. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should 'there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 25 of 29 1. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall Successful Consultant may be pr9perty-�resulting -fro m- Consult under this agreement. be construed as limiting in any way the extent to which held responsible for payments of damages to persons or K. It is agreed that Consultant'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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. If. INDEMNIFICATION, OBLIGATION TO DEFEND AND HOLD HARMLESS A. HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI, AND ITS OFFICERS; AGENTS, SERVANTS, AND EMPLOYEES,. AND EACH OF THEM AGAINST AND HOLD IT AND THEM HARMLESS FROM ANY AND ALL LAWSUITS, CLAIMS, DEMANDS, ,LIABILITIES, LOSSES AND EXPENSES., INCLUDING COURT COSTS AND ATTORNEYS' FEES, FOR OR ON ACCOUNT OF ANY INJURY TO ANY PERSON, OR ANY. DEATH AT ANY TIME RESULTING FROM SUCH INJURY, OR ANY DAMAGE TO ANY PROPERTY, WHICH MAY ARISE OR WHICH MAY BE ALLEGED TO HAVE ARISEN OUT OF OR'IN .CONNECTION WITH THE WORK COVERED BY THIS CONTRACT, THE FOREGOING INDEMNITY SHALL APPLY EXCEPT IF SUCH INJURY, DEATH OR DAMAGE IS CAUSED BY THE SOLE NEGLIGENCE OF THE CITY OF CORPUS CHRISTI, UNMIXED WITH THE FAULT OF ANY OTHER PARTY. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law, If such coverage is obtained through. a licensed insurance company\ the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self - insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of Authority to self- inisure its workers' compensation coverage,, as well as a letter, signed by the Consultant, stating that the certificate of authority to self - insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further; if at any time before final acceptance of the Work by the City, such certificate of authority to self - insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written .notice of such facts to the City, by certified mail, return recelpt requested directed to: City of Corpus Christi, Department of Engineering Services, P. 0, Box 9.277, Corpus Christi, Texas 78469 _ Attention: Contract Administrator. Page 26 of 29 Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount. sufficient to assure that all workers` compensation_ obligations incurred by the Consultant will be promptly met. Page 27 of 29 City Of CO ) pus Chrtstl CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of .Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wrt the. ..City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for piling 'Requirements, Certifications and definitions. COMPANY NAME: McKinstry Essention LLC P, O. BOX: 24557 STREET ADDRESS: 5005 3`a Avenue S CITY: Seattle ZIP: 9813 FIRM IS: 1. Corporation 8 2. Partnership ® 3, Sole Owner 4. Association 5. Other LLC DISCLOSURE QUESTIONS. If additional space is necessary, please use the reverse side of this page or attach separate. sheet. I: State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm"' Name Job Title and City Department (if NIA known) N/A 2..State the names of each "official" of the City of Corpus Christi having an "ownership interosr, constituting 3 % or more of the ownership in the above named "firm." N..a'me Title N/A N/A 3, State the names of each "board mernber" of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above framed "firm," Natne Board, Commission or Conunittee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" . ,constituting 3% or more of the ownership in the above named" firns." Name Consultant N/A NIA Page 28 of 29 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an cconotnic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a. sighed: whiting to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d )] CERTIIi ICA'I'ION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person; Joseph H ea Title: Director of Finance (Type o rint) Signature of Certifying PersOir li Date: Z 12 71201_�;5 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas, b. "Economic benefit ". An action. that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee.' Any person employed by the City of Corpus Clu-isti, Texas either on a full or part- time basis, but not as an independent contractor. d: "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and birtllei established to produce or deal with a product or service, including but not limited to, entities operated in the forin of sole proprietorship, as self-employed person, partnership, .corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official," The Mayor, members of the City Council, City Manager, Deputy City .Manager, Assistant. City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f, "Ownership Interest," Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, tnist; estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements," g. "Consultant." Any person or .firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation: and recommendation. Page 29 of 29 I:J :Wl1 NCO] 9*11 Biel AI FIXED PRICE ENERGY PERFORMANCE CONTRACT (DESIGN /BUILD) Project No. E11102 Future Agenda March 19, 2013 Action Agenda March 26, 2013 FUNDS AVAILABLE: Public Facilities CIP ............................................... ............................... $7,392,041.93 AEP Program Incentives ......................................... ............................... 40,389.00 Total ................................................................... ............................... $7,432,430.93 FUNDS REQUIRED: Construction (McKinstry Essention) ........................... ............................... $7,075,000.00 Contingencies (1%) .............................................. ............................... 70,750.00 Consultant Fees: Consultant (McKinstry) Basic Svcs $365,000.00 - 5. 5% . ............................... Part of Construction Construction Management/Inspection (McKinstry Essention ) ......................... Part of Construction Materials Inspection & Testing (Electrical Commissioning ) ............................ Part of Construction Peer Review (Stridde Callins) ................................... ............................... 159,800.00 Reimbursements Administrative Reimbursements ............................. ............................... 81,561.00 Engineering Reimbursements .................................. ............................... 18,062.00 EngineeringMisc ................................................... ............................... 224.99 Total ................................................................... ............................... $7,405,397.99 Balance.............................................................. ............................... $27,032.94 Page 1 of 2 Ordinance appropriating $40,389 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $40,389 each; and authorizing the City Manager, or designee, to execute Amendment No. 1 Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build) with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities in the amount of $125,000, for a total re- stated fee of $7,075,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $40,389 from AEP Program Incentives is appropriated into the No. 3160 City Hall CIP Fund for the approved Energy Efficiency Conservation Retrofit for Major City Facilities project. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is changed to increase revenues and expenditures by $40,389 each. SECTION 3. The City Manger or designee is authorized to execute Amendment No. 1 with McKinstry Essention of Seattle, Washington in the amount of $125,000, for a total re- stated fee of $7,075,000 for the Energy Efficiency Conservation Retrofit for Major City Facilities for the Technical Energy Audit to the Fixed Price Energy Performance Contract (Design /Build). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance - Technical Energy Audit Phase 2 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 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance - Technical Energy Audit Phase 2 day of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor exhE11102D. VANN LOCATION MAP NOT TO SCALE PROJECT # E11102 Energy Efficiency Conservation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Retrofit for DEPARTMENT OF ENGINEERING SERVICES Major City Facilities PAGE: 1 of 1 = _ �r AGENDA MEMORANDUM First Reading at the City Council Meeting of April 23, 2013 Second Reading at the City Council Meeting of April 30, 2013 DATE: April 15, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager — Business Support Services WesP @cctexas.com (361) 826 -3082 Ordinance Appropriating Funds Related to the American Bank Center CAPTION: Ordinance appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $6967612.16. PURPOSE: The purpose of this agenda item is to appropriate funds relating to the American Bank Center for capital improvements, repairs and maintenance. BACKGROUND AND FINDINGS: On February 1, 2013, the City of Corpus Christi entered into a new agreement with SMG, which provided SMG to contribute $250,000 for improvements to the American Bank Center including cosmetic improvements to the exterior of the American Bank Center facility. The capital contribution of $250,000 was made to the City in accordance with the new agreement and now needs to be appropriated in order that it can be spent. This agenda item will appropriate these funds so that they can be expensed in this fiscal year. On May 15, 2009, Type A Board approved $500,000 for the use of capital improvements at the Arena facility. Each subsequent fiscal year's budget has included an appropriation of $150,000. As of July 31, 2012, $672,752.09 has been expended or committed for this purpose. The remaining $277,247.91 has been reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". This agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2013 will be reserved in the fund balance of Fund 4710 "Visitors Facilities Fund" and will either be included in the fiscal year 2013 -2014 operating budget for Fund 4710 "Visitors Facilities Fund" or will be appropriated during fiscal year 2013 -2014 as the need arises. On September 29, 2011, the Type A Board approved appropriating $50,000 from the unreserved fund balance in Fund 1130 "Arena Facility Fund" and transferring it to Fund 4710 "Visitors Facilities Fund" for expenditures relating to the needs of the food and beverage concessions at the American Bank Center. These funds were not expended by the end of the fiscal year but were reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". This agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2013 will be reserved in the fund balance of Fund 4710 "Visitors Facilities Fund" and will either be included in the fiscal year 2013 -2014 operating budget for Fund 4710 "Visitors Facilities Fund" or will be appropriated during fiscal year 2013 -2014 as the need arises. On September 29, 2011, the Type A Board also approved increasing the Arena Maintenance and Repairs org by $50,000 — from $150,000 approved in the fiscal year 2011 -2012 budget for Fund 1130 "Arena Facility Fund" to $200,000. At July 31, 2012, $80,635.75 had been expended, and the remaining $119,364.25 rolled into the fund balance of Fund 1130 "Arena Facility Fund ". This agenda item will appropriate these funds for use in the current fiscal year. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: • Financial Services Department • Legal Department FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered /Expended amount of (date) - - - - This item - $ 696,612.16 $ - $ 696,612.16 BALANCE - $ 696,612.16 $ - $ 696,612.16 FUND(S): Fund 1130 "Arena Facilty Fund" $119,364.25; Fund 4710 "Visitors Facility Fund" $577,247.91 COMMENTS: n/a RECOMMENDATION: Staff recommends that City Council approve this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — American Bank Center Appropriations Page 1 of 2 Ordinance Appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $696,612.16. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $250,000 is received from SMG under contractual obligation to contribute capital for the American Bank Center and is appropriated in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center. SECTION 2. That $277,247.91 is appropriated from the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures. SECTION 3. That $50,000 is appropriated in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center. SECTION 4. That $119,364.25 is appropriated in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena. SECTION 5. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended to increase revenues by $250,000 and to increase expenditures by a total of $696,612.16. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Combined Ordinance- Appropriation of Funds for ABC Improvements Nelda Martinez Mayor 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 , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Combined Ordinance- Appropriation of Funds for ABC Improvements Page 1 of 1 Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $165,491.99 from the State Cable franchises issued by the Public tility Commission of Texas is appropriated in the No. 1031 Public, Education and Government Cable Fund for capital expenditures for the Public, Education, and Government Access Channels. Section 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $165,491.99. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor DATE: April 2, 2013 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Public Communications Director Kimw cctexas.com (361) 826 -3211 Appropriate $165,491.99 in cable franchise revenue for capital expenditures. CAPTION: Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. PURPOSE: To appropriate $165,491.99 in cable franchise revenue for capital expenditures related to Public, Education and Government Access Channels. BACKGROUND AND FINDINGS: The City currently has three state issued cable providers including: Time Warner Cable, Grande Communications and AT &T. In June of 2012 when Time Warner Cable was granted a state issued franchise, all three cable providers began collecting the state and federal provisioned Public, Education and Government (PEG) 1 % fee dedicated to channel facilities and equipment. The ordinance appropriates funding received as of March 31, 2013. Payments will continue to be received on a quarterly basis and appropriation requests will continue until the end of the fiscal year. Once appropriations are completed for fiscal year 2013, appropriations will then transition to coincide with the adoption of the budget each year. ALTERNATIVES: Delay appropriation results in capital equipment purchases being delayed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Yes. Funds must be appropriated into designated fund. EMERGENCY /NON- EMERGENCY: Non - Emergency with two readings required. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 0 Encumbered / Expended Amount 0 0 0 0 This item 01 165,491.99 1 0 1 165,491.99 BALANCE 01 1657491.99 1 0 1165749 1.99 Fund(s): 1031 Public, Education and Government Cable Comments: Ordinance appropriates money received not included in the FY 2012 -2013 Budget. RECOMMENDATION: Staff recommends appropriating funds in order to have funds available for capital purchases related to Public, Education and Government Access Channels. LIST OF SUPPORTING DOCUMENTS: Ordinance Cyr PH v AGENDA MEMORANDUM aRPOa,E Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Gustavo Gonzalez, Director of Water Operations ustavoo cctexas.co (361) 826 -1874 FIRE HYDRANTS CAPTION: Motion approving a Supply Agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0104 -13 based on lowest responsible bid for an estimated annual expenditure of $114,139.70, of which $28,534.93 is required for FY 2013. The term of the contract 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 from Warehouse Stores for FY 2012 -2013. PURPOSE: The fire hydrants will be purchased into Warehouse Inventory and used by the Water Department for new and replacement installations. BACKGROUND AND FINDINGS: The Water Department determines locations for new fire hydrants based on various factors, including development of an area and proximity to existing hydrants. Worn and damaged hydrants are replaced as required. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTALCLEARANCES: Water Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,579,691.00 $85,604.77 $2,665,295.77 Encumbered / Expended Amount $1,250,420.81 $0 $1,250,420.81 This item 1 $28,534.93 1 $85,604.77 $114,139.70 BALANCE 1 $173007735.26 1 1 $173007735.26 Fund(s): Stores Fund Comments: The $28,534.93 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $85,604.77 for the last nine months of the contract will be requested during the normal FY 2013 - 2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: TOM RICHEY COUNCIL DATE: APRIL 23, 2013 BID TABULATION NO. BI- 0104 -13 FIRE HYDRANTS TOTAL $114,139.70 $117,918.98 $125,395.00 $145,528.20 QTY. HD SUPPLY Corpus Christi, TX TITAN PIPE Corpus Christi, TX FERGUSON Corpus Christi, TX MORRISON San Antonio, TX PRICE EXTENDED PRICE EXTENDED PRICE EXTENDED PRICE EXTENDED ITEM #1 15 $1,296.50 $19,447.50 $1,300.22 $19,503.30 $1,420.00 $21,300.00 $1,651.55 $24,773.25 ITEM #2 20 $1,327.50 $26,550.00 $1,379.96 $27,599.20 $1,465.00 $29,300.00 $1,695.75 $33,915.00 ITEM #3 20 $1,360.50 $27,210.00 $1,412.35 $28,247.00 $1,495.00 $29,900.00 $1,732.00 $34,640.00 ITEM #4 15 $1,390.00 $20,850.00 $1,445.58 $21,683.70 $1,525.00 $22,875.00 $1,772.25 $26,583.75 ITEM #5 8 $1,420.90 $11,367.20 $1,477.96 $11,823.68 $1,560.00 $12,480.00 $1,812.50 $14,500.00 ITEM #6 6 $1,452.50 $8,715.00 $1,510.35 $9,062.10 $1,590.00 $9,540.00 $1,852.70 $11,116.20 TOTAL $114,139.70 $117,918.98 $125,395.00 $145,528.20 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.com 361- 826 -3169 Eddie Ortega, Director of Neighborhood Services eieo cctexas.co 361- 826 -3234 Lead -Based Paint Hazard Consultant CAPTION: Motion approving a service agreement with Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services, San Antonio, Texas for lead -based paint hazard consultant services in accordance with Request for Proposal (RFP) No. BI- 0089 -13, based on lowest responsible proposer for an estimated annual expenditure of $57,202. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. Funds have been budgeted by the Neighborhood Services Department in FY 2012- 2013. PURPOSE: This contract will provide for hazard consulting services for lead -based paint throughout the year. BACKGROUND AND FINDINGS: The Neighborhood Services Department assists homeowners with rehabilitation work using federal funds from the Department of Housing and Urban Development and is required to comply with lead based paint regulations on any house built prior to 1978. The consultant will perform annual risk assessments on approximately 15 privately owned single family residential houses, where assistance is being provided to the homeowner through the Rehabilitation Loan Program and perform comprehensive lead -based paint inspection on approximately 25 privately owned single family residential houses where assistance is being provided to the homeowner through the Emergency Home Repair Grant Program. If lead is found, the consultant will develop acceptable abatement or interim control specifications for abating lead based paint or reducing identified lead -based paint hazards, perform clearance testing and re- evaluations, project monitoring, provide an Occupant Protection Plan, document and approve the completion of lead -based paint hazards control activities, and submit close -out documents. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The contract allows for discounts for multiple orders. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Neighborhood Services Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $316,125.00 0 $316,125.00 Encumbered / Expended Amount 0 0 0 This item 1 57,202.001 0 1 577202.00 BALANCE 1 $2587923.00 1 0 1 $2587923.00 Fund(s): CDBG Grants, CC Community Improvement Corporation Comments: The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement H Z J D Z O LU oo, W O Q co Go O Q W _ CO U m Z_ � LL Q �W v ^ ) Q m Q W J Z O Z 5; O O U Z Q J = O C/) — U W a D LU O � � p m J LL Q � — O U p Z } Z 0 5 Lu O U a cn U U x J X J N O O � O N L a E � U Q 0 cn � Q W O U U 52 � L -0 N 0- O X > O , O O O W .0 U Q Q -0 C/) N � U N Z O a U W 0 w H O 0 0 0 0 0 0 0 0000 O O I` O� O O O O U� LO N H O O L C7 co I` ti C7 "T 00 CL N N 00 -0 6c> 6c> N Q 70 O U •U N � X ^L LL W (6 Z O a U W 0 w H O 0000000 0000 O 0 O O I` LO 0 U LO O LO LO LO N LO N cn 3 Q O U •U � O ^L LL (6 N LO 0 0 O LO LO 0 0 0 I` LO O O 00 C7 N CO I` O 00 � N (1) C7 C6 N N N U CD 7 U O M U) U U O N O 70 � >- L •U L , C X OL O . W O� N U) U a D 'O LO LO000mm U rnrnrnLO L �� LO 'IT m m m ti C: .� CO I` ti N LO E (6 X a� a� O 6c3 u (U C/) C (D •U ( (D C 0— Q (6 O L _0 Z. _0 O N 0 0- 0 LU LU LU LU W W W W W W W LO LO LO LO LO LO if) 051 N Z O a U W 0 w H O O U N Q U � O (6 0 N N U 7 U O M U) U U O N O 70 � >- m Q , C (U O . (D �_ J O� N U) U a D 'O O O 70 U to L 0 N (D O U O Q LL Q C: .� a o-p U E (6 X a� a� O a� a� �. o u (U C/) C (D ( (D C 0— Q (6 O _0 Z. _0 O N 0 0- 0 n UOc (D Q (6 < U L N O N ti Q 0 H 61 k SERVICE AGREEMENT HAZARD CONSULTANT FOR LEAD -BASED PAINT Service Agreement No. THIS HAZARD CONSULTANT FOR LEAD - BASED PAINT Agreement (this "Agreement ") is entered into by and between Jeff Zunker Specialty Products dba Astex Environmental Services (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide HAZARD CONSULTANT FOR LEAD - BASED PAINT in response to RFP No. BI- 0089 -13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide HAZARD CONSULTANT FOR LEAD -BASED PAINT in accordance with RFP No. BI- 0089 -13. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one year thereafter. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5.Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. FA of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31S), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI- 0089 -13, or the Contractor's proposal in response to RFP No. BI- 0089 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Risk Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI- 0089 -13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter: Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. r A payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Jeff Zunker Specialty Products Inc dba Astex Environmental Services Contact Jeff Zunker Address: 139 Braniff Drive City, State, San Antonio TX 78216 -3302 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of 20' (3. Contractor: Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services Jeff Zunker Title: Pre ident CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services APPROVED THIS DAY OF , 20_. CARLOS VALDEZ, CITY ATTORNEY Douglas. DeFratus Assistant City Attorney Incorporated by Reference: Exhibit A: RFP No. BI- 0089 -13 Exhibit B: Proposer's Proposal 7 SC o° AGENDA MEMORANDUM Future item for the City Council Meeting of April 23, 2013 2 Action item for the City Council Meeting of April 30, 2013 �s�� Y 9 p DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mike Barrera, Assistant Director of Financial Services mikeb cctexas.co (361) 826 -3169 Gustavo Gonzalez, Director of Water Operations GustavoGo _cctexas.com 361- 826 -1874 Purchase of Motor Starters CAPTION: Motion approving the purchase of six (6) MX3 motor starters from Curtiss Wright/Benshaw Flow Control Company of Pittsburgh, PA based on sole source, for a total amount of $95,892.00. Funds are budgeted in FY 12 -13 Water Fund. PURPOSE: The starters energize the motors that drive the booster pumps at the Mary Rhodes Pipeline, Lake Texana pump station. BACKGROUND AND FINDINGS: Benshaw does not support the technology currently installed in the motor starters at the Lake Texana booster pump station. The existing starters were installed in 1997 and have outlived their service life. This upgrade will replace the starters with the current technology. ALTERNATIVES: None. OTHER CONSIDERATIONS: These starters are an integral component of the pumping system at the Lake Texana pumping station and Curtiss Wright/Benshaw Flow Control Company is the sole manufacturer of these parts. CONFORMITY TO CITY POLICY: The starters are being purchased as an exemption from the competitive bidding statute as captive replacement parts. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $110,106.55 $110,106.55 Encumbered / Expended Amount $13,106.55 $13,106.55 This item $95,892.00 $957892.00 BALANCE $17108.00 $17108.00 Fund(s): Water Comments: The $95,892.00 financial impact shown above represents a single expenditure that will be encumbered through the end of this fiscal year (FY12 -13). RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY ITEM DESCRIPTION MX3 Motor Starters Including installation, startup and testing. Price Sheet Curtiss Wright / Benshaw Pittsburgh, PA QTY. I UNIT I Price I Price each 1 $15,982.00 $95,892.00 TOTAL: I 1 1 $95,892.00 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Gus Gonzalez Director of Water Operations ustavoGo cctexas.com (361) 826 -1874 Purchase of Security Access System for O.N. Stevens Plant CAPTION: Motion approving the purchase of a security access system for the O.N. Stevens Water Treatment Plant from Total Protection Systems, Inc., Corpus Christi, TX, based on sole source, for the amount of $297,178.68. Funds are available from the Water Dept. CIP Fund No.4088. PURPOSE: The Security System will provide access control through card readers, with intercoms and camera monitoring at all gates, and general area monitoring at the front gate and parking lot. The system will be monitored and controlled by the Water Plant staff in the Filter Building Control Room. BACKGROUND AND FINDINGS: The additional security hardware and associated supporting infrastructure are being installed as the result of a redesigned main parking lot, and points of entry and exit to the Plant. The access control hardware being installed will be connected to and controlled by software currently running throughout the City. New video cameras will be connected to the existing digital video recorders and further enhanced by a new virtual matrix switcher for improved user functionality. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Total Protection Systems, Inc. has installed security access systems at various City Facilities over the past ten years. They are considered a sole source provider of the City's Security access systems due to software and hardware compatibility requirements. CONFORMITY TO CITY POLICY: The security access system is purchased as an exemption from the competitive bidding statutes as a sole source. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $672,652.85 $672,652.85 Encumbered / Expended Amount $277,051.21 $277,051.21 This item $297,178.68 $297,178.68 BALANCE $98,422.96 $98,422.96 Fund(s): Water Fund Comments: The $297,178.68 financial impact shown above represents payments that will be encumbered through the end of this fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY ITEM DESCRIPTION Security access system to include gates, access readers, video monitors, installation and testing . Price Sheet Total Protection Systems Corpus Christi, TX QTY. I UNIT Price Lot 1 $297,178.68 $297,178.68 TOTAL: I 1 1 $297,178.68 Cyr PH v AGENDA MEMORANDUM aRPOa,E Future item for the City Council meeting of April 23, 2013 1852 Action Item for the City Council meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods cctexas.com 886 -2604 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 13 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 71% from 1,515 to 443 in 2012. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 475,8541 475,854 BALANCE 1 475,8541 475,854 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Grant application Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $640,040 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind services of $52,045, and a program income match of $7,359, for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott _1dEh_ MAL AUTOMOBILE BURGLARY & THEFT P RU—P U Application for State A KU I HU1111 Y Form ABTPA-104 (01/12) 1. For ABTPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. State Program Classification (For ABTPA Use Only) 4. a. Date Received by State lo. State Application Identifier 5. Applicant Information a. Legal Name: c. Organizational Unit: CITY OF CORPUS CHRISTI POLICE DEPARTMENT CORPUS CHRISTI AUTO THEFT TASK FORCE b. Address (give street or P. O. Box, City, County, State, and Zip Code) cl, Name and telephone number of person to be contacted on matters 321 JOHN SARTAIN STREET involving this application (give area code) CORPUS CHRISTI, TX 78401 PAULAKAY OLIVAREZ 361,886.2872 6. State Payee Identification Number: 7. Type of Applicant (enter the appropriate letter in box) A. State H. Independent School District B. County I. State Controlled Institution of Higher Learning 1746000574-01 C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Nonprofit Organization G. Special District N. Other (specify): 8. Type of Application: 9. Name of Grantor Agency: ❑ New Z Continuation ❑ Revision Texas Automobile Burglary & Theft Prevention Authority If Revision, check appropriate box(es). 4000 Jackson Avenue ❑increase Award ❑ Decrease Award Other (specify) Austin, Texas 78731 Phone: (512) 374-5101 ❑ Increase Duration FIDecrease Duration Fax: (512) 374-5110 Website: www.txwatchyourcar.com 10. Title of Project: 11. Areas of Project Activities (Cities, Counties, States, etc.) CORPUS CHRISTI AUTO THEFT AND BURGLARY PREVENTION GRANT CORPUS CHRISTI, NUECES COUNTY 12. Proposed Project 113. Is application subject to review by state executive order 12372 process? Start Date: 09/01113 ❑ YES, this application was made available to the Texas Review and Ending Date: 08131/14 Comment System (TRACS) for review on Date:; F] Program is not covered by E. O. 12372 14. Funding Summary: Total of a, b, & c must agree with d. Note: Please enter whole dollars for the amounts requested. E] Program has not been selected by state for review NO a. Total State Grant Funds $ 640,040 Requested (ABTPA) 15. Is the applicant delinquent on any federal debt? b. Cash Match $ 475,854 c. In-Kind Match $ 52,045 YES If "Yes" attach an explanation NO d. TOTAL(s) $ 1,167,939 16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded, a. Typed name of Authorized Official RON OLSON d. Signature of Authorized Official b. Title CITY MANAGER c. Telephone Number 361-826-3220 ABTPA -1of30 e. Date Signed zm=F ZEM Item 1. Does this assistance request require state, local, regional, or other priority rating? [-]Yes MNo Item 2. Does this assistance require state, or local advisory, educational, or health clearance? ❑Yes MNo Item 3. Does this assistance request require state, local, regional, or other planning approval? MYes ❑No Item 4. Will the assistance requested serve a federal installation? ❑Yes ZNo Item 5. Will the assistance requested have an impact or effect on the environment? ❑Yes NNo Item 6. Will the assistance requested cause the displacement of individuals, families, businesses or farms? PA-104 iY &THEFT PREVENTION AUTHORITY Form ABT(01112) 'PROVAL INFORMATION Name of Governing Body Priority Rating Name of Agency or Board (Attach Documentation) Name of Approving Agency CITY OF CORPUS C Name of Federal Installation Federal Population Benefiting from -Project See instructions for additional information to be provided. Number of Individuals Families Businesses Farms Item 7. Is there other related assistance on this See instructions for additional project (previous, pending, or anticipated)? information to be provided. ❑Yes XNo ABTPA-2 of 30 Aft AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Travel Form ASTPA -1°4 � 17,359 {41/12j D Equipment BUDGET SUMMARY 220,865 219,855 6 E Supplies and Direct Operating Exp. 69,400 247,630 14,019 Section A - Budget Summary 247,630 I z Budget Categories (1) (2) 8 (3) (4) Total Program Income 0 ABTPA Cash TOTAL 52,045 In -Kind Total 475,854 d 1,167,939 Funds Match Match D u B E 14,019 14,019 e TOTAL MATCH 527,899 1 A Personnel (Direct Salaries) 343,221 220,865 38,026 602,112 2 A Personnel (Fringe Benefits) 6,564 247,6130 254,194 3 B Professional and Contractual Services 4 C I Travel 10,000 7,359 17,359 5 D Equipment 210,855 220,865 219,855 6 E Supplies and Direct Operating Exp. 69,400 247,630 14,019 83,419 247,630 Total Direct Charges (sum of 1-6) 640,040 475,854 52,045 1,167,939 8 F Indirect Costs Total Program Income (available) $ 7,359 $ TOTAL 52,045 TOTALS isrmar�.al 640,040 475,854 52,045 1,167,939 Section B - Cash and/or In -Kind Match Enter separately each source of matching funds and the amounts. Total Match must agree with the total of Line 9, Column 2 and Column 3 above and the total of lines 14 (b) and (c) on ABTPA -1. CASH TOTAL Source Amount Source Amount SALARIES AND OT 220,865 220,865 FRINGE 247,630 247,630 PROGRAM INCOME (To be utilized.) TOTAL 468,495 Total Program Income (available) $ 7,359 IN -KIND (Total must agree with ABTPA -1, Line 14c.) TOTAL 52,045 Source Amount Schedule Amount A 38,026 D 38,026 B E 14,019 14,019 i TOTAL MATCH 527,899 ABTPA -3 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ASTPA-1 04 �ft (01/12) SCHEDULE PERSONNEL 1. Direct Salaries 1 (1) (2) (3) (4) Title or Position % of -Salary ABTPA Funds Cash Match In-Kind Match TOTAL (A) LIEUTENANT 100 77,364 Retirement 1 14.80% 77,364 (13) DETECTIVE 100 71,847 Insurance 71,847 (C) DETECTIVE 100 71,847 Other: (Explain) @ 71,847 (D) DETECTIVE 100 27,864 65,171 65,171 (E) DETECTIVE 100 254,194 856,306:] 71,847 71,847 (F) DETECTIVE 100 71,847 71,847 (G) GRANT ADM/PROJECT MGR 100 36,321 36,321 (H) ANALYST 100 38,850 38,850 (1) INTAKE SPECIALIST 100 30,648 30,648 (J) NICB SPECIAL AGENT 50 38,026 38,026 (K) (L) (M) (N) Overtime 16,344 12,000 28,344 TOTAL Direct Salaries 950 343,221 220,865 38,026 602,112 2. Fringe Benefits ABTPA-4 of 30 % of $ Rate FICA @ 7.65 6,564 36,588 43,152 Retirement 1 14.80% 83,485 83,485 Insurance 99,693 99,693 Other: (Explain) @ 27,864 27,864 TOTAL Fringe Benefits TOTAL PERSONNEL BUDGET 6,564 349,785 247,630 468,495 L ._ 38,026 254,194 856,306:] ABTPA-4 of 30 AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY FormABTPA-104 SCHEDULE A PERSONNEL NARRATIVE 1. Attach a description of the duties or responsibilities of each position. (Job posting can not substitute for descriptive narrative for each position.) • Include only one position per line. • Percentage of salary to be funded by grant funds. • Should reflect employee's gross salary attributable to the project. • Include percent of time on auto theft for each position. (40 hours per week) GRANT PERSONNEL: 1) LIEUTENANT. Serves as the supervisor for the task force. Coordinates all t administration on all auto theft and auto burglary matters. Oversees bait v( operations and responses. Ensures goals and objectives of grant are met. 1 2) DETECTIVE: Works on all proactive and reactive investigations, cases and I enforcement agencies for multi-juri5clictional cases. Performs work on all g( 3) DETECTIVE: Works on all proactive and reactive investigations, cases and I enforcement agencies for multi-jurisdictional cases. Performs work on all g( 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant thr( regulation of the grant application and budget. Serves as a liaison to City Hi enforcement agencies and media. Ensures ABTPA grant compliance. Deveh program. Assists in performance of grant goals and objectives. 100%, $363 stigations and communicates with police am, proactive and reactive initiatives, field ua Coordinates with other law as. Coordinates with other law year. Responsible for the development and idmi Police Department, AB9TA,area law ites and deliver a full scale public awareness ` 5) CRIME ANALYST, Collects crime data specific to auto burglary and auto theft to identifytrends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. 100%, $38,850, 100% 6) INTAKE SPECIALIST: Semeascustomeruerviceepesentative for the ATTF for civilians and law enforcement, Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 100%, $30,648, 10090 ' CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses, Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work om all goals and objectives of the grant. 0%,S65'171,100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work um all goals and objectives of the grant. D%, $71,847, 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases, Performs work on all goals and objectives qf the grant, 00/o,$71,847,100% |NKINDPEBSONNEL: 1) NICB SPECIAL AGENT: In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force, ABTPA-5of30 ae� ®u AUTOMOBILE BURGLARY & THEFT PREVENT101 2. Fringe Benefits Narrative (Describe fringe benefits and how expenses were calculated), FICA= CASH MATCH SALARIES: $220,865 x 7.65 %= $16,896 ABPTA SALARIES: $343,221 x 7,65 %= $26,256 TOTAL= $43,152 MINUS FRINGE BENEFITS (25%)= $6,564 BALANCE OF FRINGE IN CASH MATCH = $36,588 RETIREMENT: TOTAL SALARIES: $564,086 x 14.80% = $83,485 INSURANCE: GROUP INSURANCE: $8,442 x 9 STAFF = $75,979 SELF INSURANCE: $2,635 x 9 STAFF = $23,714 TOTAL= $99,643 OTHER: PLAIN CLOTHES: $900 PER YEAR x 6 DETECTIVES = $5,400 CLEANING: $720 PER YEAR x 6 DETECTIVES = $4,320 EDUCATION PAY: VARIES BETWEEN DETECTIVES = $7,752 LONGEVITY PAY: VARIES BETWEEN DETECTIVES = $5,48 VISION: $7 x 12 MONTHS x 6 DETECTIVES = $504 SUPPLEMENTAL: $10x 12 MONTHS x 6 DETECTIVES= $720 DENTAL: $45 x 12 MONTHS x 6 DETECTIVES = $3,240 TOTAL = $27,864 ABTPA -6 of 30 4 AUTHORITY Fa�rmABTP (O1112) Ji2j AUTOMOBILE BURGLARY & Ti4FFT P1 SCHEDULE A - REQUIRED NARRATIVE: Provide a brief s 1. Include description of work activity to be 2. Estimate number of hours and cost for or Work to be performed with overtime hours are proactive operations, reactive assessor operations occur in the evening as well as large case breaks and require detectives to public awareness events occur in the evening and weekend hours. The Corpus Christi maximum allowed limit of 5% of ABTPA salaries which equals to $16,344,00. This amc presentations, operations and call out investigations, ABTPA-7 of 30 4 AUTHORITY Form ABTPA-1 04 (01112) kTIVE rtime funds. eats and public awareness, Most covert Nork outside the normal business hours. Most Auto Theft Task Force is asking for the unt will cover overtime hours for public Pda %.urG�r AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY �orma�TP 1 /12) {otlt �} SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES (�} (2) (3) (4) Description of Service ABTPA Cash In -Kind TOTAL Funds Match Klatch (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES ABTPA -8 oaf 34 AUTOMOBILE BURGLARY&THEFT PREVENTION AUTHORITY FormABTPA-to4 Yaur SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES NARRATIVE REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. ABTPA -9 of 30 �v _- AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE C Farm ABTPA -roa (oast z) TRAVEL 1. In -State Travel (Specify clearly and use continuation pages if necessary) () (2) (3) (4) Purpose Destination ABTPA Funds Cash Match In -Kind Match TOTAL GRANT ADMIN MILEAGE 2000 x 51 1,050 1,050 ABTPA BRD MTG (2) AUSTIN, TX 2,037 2,037 ABPTA CNF /BRD MT 1 EL PASO, TX 5,584 5,584 TAVTI CNF/ BRD MT 1 HOUSTON, TX 2,379 1,509 3,888 IAATI CONFERENCE FT WORTH, TX 3,964 3,954 TCPA CONFERENCE COLLEGE STATION, T 835 836 TOTAL In -State Travel - 101000 7,359 17,359 2. Out -of -State Travel (Specify clearly and use continuation pages if necessary) (1) (2) (3) (4) Purpose Destination ABTPA Cash In -Kind TOTAL Funds Match Match TOTAL Out -Of -State Travel TOTAL TRAVEL BUDGET 10,000 7,359 17,359 ABTPA -10 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY FormABTPA -104 Y�uC C� (01/12) SCHEDULE C TRAVEL NARRATIVE` REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i,e., mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out -of -state trip to separately show the specific costs of transportation and per diem. Describe travel purposes an d expense calculations (example: purpose, number of participants, number of days /nights, costs for lodgingiper diem, transportation, parking, etc. ABTPA BOARD MEETINGS - AUSTIN, TX (1) BOARD MEETING /GRANT WORKSHOP TOTAL: $2037 HOTEL: 148 x 3 ROOMS x 2 NIGHTS = $648 3 PARTICIPANTS MEALS: 71 x 3'x 3 DAYS = $634 (1) BOARD MEETING/GRANTEE ADVISORYIIN'SURANCE FRAUD /BORDER SOLUTIONS HOTEL: 108 x 3ROOMS x 1 NIGHTS = $324 MEALS: 71 x 3 x 2 DAYS - $426 ABPTA CONFERENCE - EL PASO, TX HOTEL: 108 x 4ROOMS x 5 NIGHTS = $2160 BOARD MEETING /GRANT REVIEW MEALS: 51 x 4 x 6 DAYS= $1224 TOTAL: $5584 AIRFARE; 404 x 4 = $1600 4 PARTICIPANTS RENTAL CARS = $640 TAVTI CONFERENCE -HOUSTON, TX ABTPA BOARD MEETING TOTAL: $3888 4 PARTICIPANTS IAATI CONFERENCE - FORT WORTH, TX TAVTI BOARD MEETING HOTEL: 109 x 4 ROOMS x 5 NIGHTS =$2180 MEALS: 71 x 4 x 6 DAYS = $1704 HOTEL: 113 x 4 x 5 NIGHTS = $2260 MEALS: 71 x 4 x 6 DAYS = $1704 TCPA CONFERENCE - COLLEGE STATION, TX HOTEL: 140 x i ROOM X 5 NIGHTS = $500 TOTAL: $836 MEALS: 56 x 1 x 6 DAYS = $336 1 PARTICIPANT GRANT ADMINISTRATOR/ PROJECT MANAGER MILEAGE 2000 x.51 = $1050 TOTAL ABPTA FUNDS: $10,000 TOTAL CASH MATCH FUNDS: $7359 ABTPA-1 I of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY FormABTPA -104 r ® SCHEDULE D EQUIPMENT PURCHASES cap (2) (3) (4) Equipment Name or Description and Quantity (Do Not List Brand Names) ABTP'A Funds Cash Match In -Kind Match TOTAL (A) 5 TRUCKS 144,500 144,500 (B) 5 TINT AND ALARM 1,745 1,745 (C) 5 TOOL BOXES 1,250 1,250 (D) 5 STEP BARS 1,100 1,100 (E) MOBILE LICENSE PLATE READER 22,260 22,260 (F) METAL BUILDING FOR IMPOUND LOT' 40,000 40,000 (G) (H) W (K) (L) (M') (N) (0) (P) (Q) TOTAL EQUIPMENT PURCHASES 210,855 210,855 ABTPA -12 of 30 �a� mgr AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY formABTPA -104 (0vu) SCHEDULE Q EQUIPMENT NARRATIVE REQUIRED NARRATIVE: Briefly describe the use of equipment and the cost of each line item. A) (5) FORD F150 4x4 TRUCKS; ($144,500) 5 TRUCKS ARE NEEDED TO REPLACE 4 TRUCKS AND 1 CAR CURRENTLY IN OUR FLEET. THESE VEHICLES ARE OLDER AND ARE FREQUENTLY DOWN AT MAINTENANCE FOR REPAIRS NEEDED. TWO OF THESE VEHICLES ARE TEN YEARS OLD, ANOTHER 2 ARE NINE YEARS OLD AND THE LAST IS 6 YEARS OLD. *2003 DODGE RAM WITH 152,000 MILES *2003 FORD F250 WITH] 05,000 MILES *2004 FORD F150 WITH 96,500 MILES *2004 FORD MUSTANG WITH 80,004 MILES *2007 FORD F150 WITH 86,500 MILES FOUR OF THESE VEHICLES WILL BE SOLD AT AUCTION TO BE DEPOSITED INTO PROGRAM INCOME WHILE THE FIFTH VEHICLE WILL BE GIVEN BACKTO THE INSURANCE AGENCY IT IS BORROWED FROM. (2003 DODGE RAM) B) (5) TINT AND ALARM FOR PURCHASED TRUCKS: ($1,745) TINT AND ALARMS WILL BE NEEDED TO OUTFITTHE TRUCKS FOR UNDERCOVER OPERATIONS. C) (5) TOOL BOXES FOR PURCHASED TRUCKS: ($1,250) TOOLBOXES WILL BE NEEDED TO KEEP ALL TOOLS AND EQUIPMENT SAFE. TOOLS AND EQUIPMENT ARE UTILIZED BY DETECTIVES IN THE FIELD. D) (5) STEP BARS FOR PURCHASED TRUCKS: ($1,100) STEP BARS WILL BE NEEDED TO ASSIST IN TRANSPORATION OF DETECTIVES AND SUSPECTS BOTH IN AND OUT OF VEHICLES, E) MOBILE LICENSE PLATE READER: ($22,260) -A MOBILE LICENSE PLATE READER WILL ENHANCE OUR LPR PROGRAM BY ALLOWING US TO UTILIZE THIS EQUIPMENT DURING COVERT OPERATIONS AS WELL AS FIELD OPERATIONS. F) STEEL BUILDING FOR NEW IMPOUND LOT: ($40,000) CONSTRUCTION OF A NEW STEEL BUILDING IS NEEDED WITH THE MOVE OF THE CITY IMPOUND LOTTO A DIFFERENT LOCATION. CONSTRUCTION INCLUDES FOUNDATION AND STEEL BUILDING FOR HYDRAULIC LIFTTO INSPECT VEHICLES FOR CONFIDENTIAL VINE. ABTPA -13 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY FormMTPA -104 It, Gaz (01/12) SCHEDULE E SUPPLIES AND DIRECT OPERATING EXPENSES Directly Charged Supplies and Other Operating Expenses ABTPA Funds Cash Match In -Kind Mitch TOTAL (A) OFFICE SUPPLIES 5,000 5,000 (B) COMMUNICATONS 12,480 12,480 (C) PUBLIC AWARENESS 5,000 6,000 (D) POSTAGE 500 500 (E) FUEL 20,000 20,000 (F) RENTAL SPACE 11,030 11,030 (G) AAA STORAGE 1,620 1,620 (H) COPIER SUPPLIES 2,989 2,989 (1) CONFIDENTIAL FUNDS 5,000 5,000 (J) MISC TOOLS 3,000 3,000 (K) VEHICLE MAINTENANCE 10,000 10,000 (L) REGISTRATION FEES 4,700 4,700 (M) BSM 1,100 1,100 (N) (0) (P) A TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES 69 „400 14,019 83,419 ABTPA -14 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHOIIITY Form ABTPA -104 SCHEDULE E SUPPLIES AND DIRECT OPERATING EXPENSES NARRATIVE REQUIRED NARRATIVE: Briefly describe the basis for arriving at the cost of each line item AND THE USE OF EACH ITEM. A) OFFICE SUPPLIES: ($5,000) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER„ PENS, PENCILS, MARKERS, BINDERS, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($12,480) - TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTLIZE PHONES, LAPTOPS AND BAIT VEHICLES, 9 CELL PHONES x $60 DATA PLAN x 12 MONTHS = $6480 10 AIR CARDS x $50 DATA PLAN x 12 MONTHS = $6000 TOTAL = $12,480 (C) PUBLIC AWARENESS: ($6,000) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. (D) POSTAGE: ($540) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($20,000) - PROJECTED FUEL COSTS FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE, BAIT VEHICLES AND LPR VEHICLE. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS I (G) AAA STORAGE: (1,620) -STORAGE UNIT UTILIZED OFF SITE TO MAINTAIN ALL ABTPA INVENTORY OF ALL ABTTA ITEMS. (H) COPIER SUPPLIES: ($2,989) -IN KIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (1) CONFIDENTIAL FUNDS: ($5,000) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFT AND AUTO BURGLARY CASES. (J) MISC TOOLS: ($3,000) - TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS. (K) VEHICLE MAINTENANCE: ($10,000) - TO COVER COSTS OF ALL VEHICLE MAINTENANCE FOR ALL ATTF VEHICLES. (L) REGISTRATION AND MEMBERSHIP FEES: ($4,700) TAVTI: $150 x 9 = $1350 IAATI: $350 x 9 = $3150 TCPA: $200 x 1 = $200 (M) BSM WIRELESS: ($1,100) - MAINTENANCE AGREEMENT FOR 1 BSM TRACKER UNIT FOR 12 MONTHS. ABTPA -15 of 30 AUTOMOBILE BURGLARY & THEFT P PROGRAM NARRAT11 To be considered for funding, a proposed grant project: 1 . Must address a problem that is clearly identified, is meas 2, Must minimize duplication or overlapping of existing prog I Must have a design wherein the activities and objectives 4, Preferably should, but is not required to, be innovative in i considered innovative if it provides a new and different st intervenes, or stops a criminal act from occurring); 5. Must have a cost structure which is realistic when compa 6. Must cooperate and coordinate its activities with other ap 7 Must include a proposed evaluation design that provides r of the project and a plan for performing such evaluation; z 4 AUTHORITY (01/12) e and is supported by relevant statistical r �� �alistic and attainable; �- =eptJ design/operation; (a project is '_— approach ~that prevents, deters, � o its goals; ent : data tomeasure the effectiveness G. Must include measurable objectives br reach the standard goals of the authority's mission, listed below for each category of funding: Standard Goals for Categories Listed Below: The categories below reflect more enforcement activity, thus the suggested goals are directed more towards similar activities. (T01) Law enforcement, detection and apprehension; (T03) Prevention, anti-theft devices and automobile registration; (T04U Reduction qf the sale ofstolen vehicles and parts Goal 1: Reduce the incident of Motor Vehicle Theft. Goal 2: Reduce the incident of Theft from e Motor Vehicle, Goal 3: Public Awareness methods used toeducate the citizens of Texas and training ufqualified personnel in the detection and prevention of auto burglary &theft. Goal 4� Help increase the recovery rate of stolen motor vehicles Goal 5: The number of persons arrested from motor vehicle theft. Goal 8: The clearance rate of motor vehicle thefts (3e8/7: Prevent the incident of fraudulent titles and registration of stolen vehicles, Goa|8: Reduce the incident of automobile insurance fraud. 0[U2> Prosecution, adjudication and conviction Goal 1:Prosecute auto burglary 8theft cases aapresented by law enforcement. Goal 2: Accept referrals onad least auto burglary & theft cases as presented. Goal 3: Obtain indictments involving organized auto theft rings and/or insurance fraud. Goal4: Obtain convictions on auto burglary& theft cases, (TO5} Public awareness and crime prevention Goa 1: Public Awareness methods used to educate the citizens of Texas and training of qualified personnel in the detection and prevention of auto burglary &theft. Goal 2: Assists ABTPA grantees with public awareness activities across the state. Goal 3: Raise awareness of vehicle crimes and knowledge of prevention methods. A0PA-17of 30 PROJECT BUDGET ESTIMATE Corpus Christi Ship Channel Gas Main Crossing (Project No. E12130) Future Item April 23, 2013 Action Item April 30, 2013 PROJECT FUNDS AVAILABLE: Gas CIP FY 2012 - 2013 .......................................................... ............................... Gas CIP FY 2013 - 2014 .......................................................... ............................... TOTAL................................................................................ ............................... FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... Contingency( 10%) ................................................................ ............................... Engineer Fees: Engineer (HDR Engineering) .................................................. ............................... Geotechnical Study and Testing ( TBD) ....................................... ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... Finance............................................................................... ............................... $379,600.00 295,200.00 $674,800.00 $436,200.00 43,620.00 68,300.00 13,496.00 10,122.00 53,984.00 3,374.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 3,374.00 TOTAL................................................................................ ............................... $632,470.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $42,330.00 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR Engineering. Inc., a Nebraska corporation, with offices at 555 N. Carancahua Street, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Arch itectlEng 1 neer — AIE), hereby agree as follows: 1. SCOPE OF.PROJECT Cor us Christi Ship Channel Gas Main Crossing Project No. El 2130 -- This project consists of the construction of approximately 2700 feet of high pressure gas main crossing the Corpus Christi Ship Channel just east of the Harbor Bridge paralleling the existing utilities in this area. The installation of this gas main will connect the city distribution system to the North Beach distribution system. By connecting the two systems, the reliability and capacity of the gas system on north Beach will be increased. 2. SCOPE OF SERVICES The. A/E hereby agrees, at its own expense, to perform design- services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A!E) Services Page 1 of 3 K.kENGINEERING DATAEXCHANGELVELMAPIGAS1E12134 C. C. SHIP CHANNEL GA=ONSULTANT CONTRACT11 CONTRACT PROFESSIONAL SERVICES. DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $68,304, (Sixty Eight Thousand Three Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit ii/ P 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi. Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering WE) Services Page 2 of 3 K:IENGINEERING DATAEXCHANG£IVELMAP4GAS1E12130 C. C. SHIP CHANNEL GASICONSULTANT CONTRAMI CONTRACT PROFESSIONAL SERVICES.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P. E., Date Director of Engineering Services Operating Department Date APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project No. E12130 Fund Source No. 550950 -4555- 00000- E12130 Fund Source Name Gas 2012B CIP Fd (Rev Bds) Encumbrance No, HDR ENGINE RING, INC. Carl E. Crull, P. E. Date Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696 -3300 Office (361) 696 -3385 Fax APR 0/12013 v Contract for Engineering WE) Services Page 3 of 3 KaENGINEERING DATAEXCHANGEIVELMAPIGAS%E12130 C. C. SHIP CHANNEL GASICONSULTANT CONTRACT HDR ENGINEERINGII CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI SHIP CHANNEL GAS MAIN CROSSING PROJECT NO. E12130 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following: 1. Preliminary Phase. No preliminary Phase services are included in this contract. 2. Design Phase. The A/E will: a. Develop construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Prepare final quantities and estimates of probable costs. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. d. Provide Quality Assurance /Quality Control (QAIQC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. e. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. f. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 7 of 6 January 2013 reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. g. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. h. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. L Provide a Storm Water Pollution Prevention Plan. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineerwill, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBITA Page 2 of 6 January 2013 c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The AIE will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. Regular site visits shall be defined as 1 visit per week of average duration of 4 hours for the anticipated five week construction duration. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red- line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBITA Page 3 of 6 January 2013 B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. U.S. Army Corps of Engineers (USACE) Permitting A/E will prepare a U.S. Army Corps of Engineers (USAGE) permit application package for installation of the eight inch gas line. The USACE application package will include a cover letter that describes the proposed project and associated effects, plan -view and cross- sectional permit drawings, a Texas Commission on Environmental Quality (TCEQ) Tier I Checklist, and a Texas Coastal Management Plan (TCMP) Consistency Form. The USACE application package will be submitted to the City for review and comment. HDR will submit the permit application to USACE after receiving comments from the City and making associated revisions. A/E will coordinate with USACE in attempt to facilitate issuance of a Regional General Permit (SWG -1998 -02413 for directional.drilfing of pipelines under navigable waters) or a Letter of Permission. This will require responding to numerous inquiries and requests for minor information but does not include additional studies, field work, or other agency consultations. if USACE determines that an Individual Permit is required, additional fees may be necessary. Our understanding is that the pipeline will be installed within a 30 -foot easement that runs parallel and adjacent to an existing 50 -foot wide utility easement. The pipeline will be installed from uplands via horizontal directional drill (HDD). It is assumed that this project will not result in impacts to wetlands or sensitive habitats. Therefore, wetland delineations, habitat surveys, mitigation planning, and endangered species stud ieslconsultations are not included in this scope. Both the City and A/E agree that the permitting process is beyond the control of either party and that permits may not be issued. The City agrees to compensate the Engineer for applicable regulatory services regardless of whether or not permits are issued. CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 4 of B January 2013 2. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE DAY ACTIVITY 1 Council Approval 6 Begin Design Phase 59 Pre -Final Submittal 80 City Review 94 Final Submittal 111 Advertise for Bids (1) 118 Advertise for Bids (2) 120 Pre -Bid Conference 127 Receive Bids 161 Begin Construction 206 Construction Completion (1)Provided that the USACE permit is issued 3. FEES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for,all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. For services provided in Section _ I.A.1 -4, AIE will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract, . City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the AIE a not -to- exceed fee as per the table below: CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 5 of B January 2013 C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $0.00 2. Design Phase 36,700.00 3. Bid Phase 8,600.00 4. Construction Phase 14,000.00 Subtotal Basic Services Fees 59,300.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) U.S. Army Corps of Engineers(AUTHORIZED) 9,000.00 Sub -Total Additional Services Fees Authorized 9,000.00 Total Authorized Fee $68,300.00 CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 6 of 6 January 2013 EXHIBIT "B INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or Bodily Injury & Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements .COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/ Advertising Injur) AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles UMBRELLA — EXCESS LIABIITY Must follow form PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $2,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act 4 EXHIBIT �"Bgy Pa e 1 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), 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. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the 'other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "B" Pa e2of3 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant'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. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 o �a C7' N C' O M N W co 7 d IY W a Z V M W O C G G Q Z Z v -6 w .2j H U� c p > a c a O V d 41 � (1 0O E a O C-) U_ CO C N N 7 v O .� '; IL C - C v O' a� 2 H O U N C Z .a E r 0 Z m E Q V Ev C O V *IR . 0 0.0 O T \° 0 L) \° 0 0 \° 0 0 . 0 0 M \° 0 LO N \° 0 00 \° 0 \ 0 O 0 * 00 0 0 \° 0 r T 0 0 O M 0 0 r T 0 0 CO N O O O o 0 o 00 U(r/i p❑ p 0 0 0 0 O L Q d L LO LO m m m m 0 V) a 0 T N y •� N 7+ N 64 r O L!_ li N a (/) a ? c � � 0 0 0 0 0 00 ❑ ❑ ❑� 0 0 0 a Ln Q w 66A, lA O O m m LO Ln ten! -O N o6 Q E +O+ CI L) aa� =aoCD n U)m¢F°- 613- 6c.� o6e Q 0 0 0 o a ❑❑ a❑ m m m L000 0 0 L N CD 6q t T Q O O N N( m O to Lo in [Y1 le LO q* 0 O U) N O r W P P P 't N A 0) r r le -Ri vi 6A ER 6$ 6s} 63 r 6R °69 ° 0 LO a I-- ❑ ❑ ❑ N N � LO a°4 iLn N a N (D �m Fm Cfl N Cfl O r r T r r r N 0 0 0 0 0 a a a ❑ ❑❑ a a a a V* © °o V� T m m m 04 r a r 64 69 60- N 60- O O O ❑ ❑ ❑ O O O O 0 0 LO LO a d F- F O 0 O O N N (O N N ( N OD 63 64 69 6i 64 6F} T EXHIBIT "C" Page 1 of 1 N N c m =3 m n`_© m U(r/i EXHIBIT "C" Page 1 of 1 N d CO N LL v N N y •� N 7+ N r O L!_ li N V (/) a ? c O N 0) c M Q �' .� m LL c O �' c ,o � O Q (� lA O O ten! -O N o6 Q E +O+ CI L) aa� =aoCD n U)m¢F°- EXHIBIT "C" Page 1 of 1 SUPPLIER NttfsiiStili •1,a OR A5fi1c71aPD tit'"iw'ITY Pt111Ct1ASINO DIVISION City of' CITY OF CORMS CHRISTI Cor �u5 DISCLOSURE OF INTEREST Christi City of Corpus Christ! ordinsllice 17112f ns smletidrd, rcciuires 1111 persl�last �r firllis . suOkift9 tee do btl:ainess with 11x1' City to provide tfae rtlllowilig ilil'ormat1011, l vt'ry llc16t1l111 11111st 11e Answvrgd, If the questiolt is clot applicable, answer with 'NA ". Scour revcrsc side for f-ilbig #ic�aiililclli�yrtts, CCnifir- pions and defillllions. COMPANY NAME: liDU Engluck -ring, lne. 11, 0. BOX: S'1'1tEVI' ADI HESS: $55 N. Carnocabun, Suile 1650 CITY: Corptals ChriAll Z11", 78478 I -IltM 1s. I. curpurallotl 2. parmersilip 3, 'suk owner (� 4. Associalim 5. 011wr 0 DISCLOSURE QUESTIONS 11'additional space is nemsarv, please use the reverse side of this pa or tattsicll separtnr shu ;t, 1. Stole lilt iiallics of ;'1ach r'employco" of tile Cily Ofr Corpus 91risti having all "owlivi'ship miarest" constituting 3% or more of the owsiershsp in the above mantes! " firm. N/A ame job'I'itic sills! City Dupcarimunt (irknown) 2, State 4114., ilsalltcs ofm1d) - 011,lcitil" ofihc i'ii1' Or C arpuro Christi Ilavill# sill " owourship ifilgroll, 4:011miusfing 3vu or mor>: of the owstl:rslilp 111'116' above 1mmud "111,111,,' Nsllne 1111c 11//1 3. State the names of each "board member„ of ilic City 01' Corpus tbhristi havilly, 1113 **owni:l-,sbip interest" constituting 3% or more of flic ownership ill the above siamud "firm," NIA tame Board, Commission or commitlic 4. Stine the sltilligs of each employes of 011wr of a "t:c,nsullisnt" for 111e City of cor�ptls Cllrigi who worked ctrl any ntettur relaw -d to 1hL salli w rtl' this contrtict tartd islls tell ` slwllcrship interest" constituting 3% or more of the owalerglt11) in the aibovc named Ntatrie Conslsltant NIA FILING REQUIREMEN'T'S If a person who re quests official action on a matter knows tllilt the requestetl action will confer i111 cconomic 1lenofit on any City official or ernploye;e 11111t is tiiatinguixhabla from the l ffect that the action will hove un n1011tbers of tile public in goperal or a substantial scgnlont thereof, you il11 disclose that fact ill a signcd writing to tllc C "it�l Official, employee, car body that has }�ccn requested to act in the hatter, tllliess tile interest of tike City officild or el» plovee in the nlntter is I i�atent. rho disclosure shall also be Meade it) a Signed ►writing filed with the pity 5ceretlkry, [pities Ordinance Section 2 -349 (cl)j la `l1`+11# � +gA�t,�1 ��N I certify that all ilkfiirrnatidin provided is erne and corset aS of ilea date of this stalenlent, tilts, f dove, not knowingly withhold dlisclosu a of any information requested. and that Suppicmc.11t:11 statements will be promptly submitted to the City ofCorptls Christi, "texas as Changes Occur, Certifying Person. Owl E. Crull, I'. E. Title: 'Vice President (YYpD or 111411) Signature of Ger iill Date: Person: DEFINITIONS DEFINITIONS It. "Board member." A member of any board, COnlnlission, or committee appointed by the City Council of the City of Corpus Christi.'l'e xas. b. "Econonlie beneiit All section tllat is likely to affect an ecenoinic iilicl-em if it is likely to ]love on effect oil 111111 interest that. is distinguishable from its e:f1ml on Illembers edf' tile public ill ganelrsll or a sulistslrititll segmctit thereof. "Employee." Any person employed by the City or corpus Christi, Texas eititer on a fills t,,, part -tiule basis; but not its till independent contractor. d. "Firim" Any untily opermedl for econOlnic gain, whether proressiomil, industrial or Commercial, and whether established to produce or deal with it product Or service, iilCluding but 1101 Billeted to, entities operated in the forth of sole: proprietorship, as sclf^omployetl person, pslrtllership, Corporation, joint stock Company, joint venttirc, rccciversbip or trust, iluci entities which for purposes of taxation are treated as non - profit orgnniritions, e. "Officisll." The Mayor, members of ilic City Callncil, City Manager, 04plity City, Manager, Assislam City Managers, Dupo mcnt ail(i l)ivisioil 1-ie:ndls, and Mllllicipal Colirt Judges of the City of Corpus Christi "texas. f, "Ownership Interest." Legal or equitable interest, w1mlier actually or consiructive:ly licicl, in it firm, including when such interest is held lhroagli on ageym, trust, entatc, or holding entity, "Constructively lu;ld" refers to holdings or control est€iblkllud through votills trusim, proxies, or special terms of vonturet or partnership agreements." g "Constillant." Ally person or firm, 5ugh im engineers and orchiivois, hired by llti City Of Corpm Christi for the purpose of`profemiuiiill eonsullathm and r4wolm (nidallon, exhE12130 PROJECT LOCATION R\�5 'a 7 CwO - $; LEOPA vE � s�tis 9,y \ fLF LOCATION MAP NOT TO SCALE Jam' Ship Channel HARBOR BLVD N\ e� C RESAA SA n o 9y 9 m r C VICINITY MAP NOT TO SCALE PROJECT #E12130 PROJECT SITE d 0�' VANN CITY COUNCIL EXHIBIT CORPUS CHRISTI SHIP CHANNEL CITY OF CORPUS CHRISTI, TEXAS GAS MAIN CROSSING DEPARTMENT OF ENGINEERING SERVICES = = PAGE: 1 of 1 W� Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: March 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles P.E., Director of Engineering Services DanB @cctexas.com 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com 826 -1972 Engineering Design Contract Amendment No. 1 J.C. Elliott Landfill Gas Collection and Control System Repairs CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services Agreement with SCS Field Services, of Virginia, in the amount of $77,000.00, for a re- stated fee not to exceed $177,400.00 for the J. C. Elliott Landfill Gas Collection and Control System Repairs. PURPOSE: A detailed assessment was performed in June 2012 of the wellfield to determine status of damaged wells, header and piping. Several Gas Collection Control System (GCCS) corrective actions were approved and implemented in late 2012 and early 2013. Upon completion of Phase I of corrective actions, several new issues impacting operation were identified and recommended for repair. The purpose of this Agenda Item is to authorize the proposed consultant for design and construction of corrective actions recommended as a result of Phase I. BACKGROUND AND FINDINGS: The proposed project will implement corrective actions to address deficiencies discovered in the Site's GCCS after completion of Phase I construction activities. The recommended actions include: Repair Leak in GCCS in Vicinity of Sump 5, Wellhead Assessment and Replacement activities, Sump 3 Replacement. This project will address atmospheric intrusions and overall improve the Landfill Gas Collection and Control System. K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \JC ELLIOTT GAS COLLECTION AND CONTROL SYSTEM REPAIRS \AGENDA MEMO - JC ELLIOTT GAS COLLECTION CONTROL SYSTEM REPAIRS.DOCX SCS was selected for this project based on the Landfill Gas Collection and Control System Assessment at J. C. Elliot Landfill, Furthermore, they will be involved in the future project J. C. Elliott Gas Management to Energy, as listed in the RFQ 2011 -05. ALTERNATIVES: 1. Execute Amendment No. 1 with SCS Field Services as proposed. 2. Do not execute Amendment No. 1 with SCS Field Services as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding FY 2012 -13 Capital Improvement Plan Budget. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $177,400.00 $177,400.00 Encumbered / Expended Amount 100,400.00 $100,400.00 This item $77,000.00 $77,000.00 Future Expenditures 0.00 0.00 BALANCE 0.00 0.00 Fund(s): Sanitary Landfill 2006 CIP Comments: RECOMMENDATION: City staff recommends the approval of Amendment No. 1 with SCS Field Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Certification of Funds PowerPoint Contract K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \JC ELLIOTT GAS COLLECTION AND CONTROL SYSTEM REPAIRS \AGENDA MEMO - JC ELLIOTT GAS COLLECTION CONTROL SYSTEM REPAIRS.DOCX PROJECT BUDGET J.C. ELLIOTT LANDFILL GAS COLLECTION AND CONTROL SYSTEM REPAIRS Project No. E12108 April 23, 2013 FUNDS AVAILABLE: Sanitary Landfill 2006 CIP ......................................................... ............................... $ Future CIP Budget Request ................................................... ............................... _ TOTAL.................................................................................. ............................... FUNDS REQUIRED: Construction Estimate Base Bid ................................................ ............................... Contingencies( 10%) ............................................................... ............................... Design Fees: Engineers (SCS Field Services) .................................................. ............................... Engineers (SCS Field Services) Phase 1 ...................................... ............................... Geotechnical Engineering Testing ( estimate) ................................. ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ............ ............................... Engineering Services (Project Mgt /Construction Inspection /Traffic Mgt ) ............................. Finance................................................................................ ............................... . Misc. (Printing, Advertising, etc.) ................................................. ............................... TOTAL.................................................................................. ............................... 177,400.00 15,966.00 193,366.00 $0.00 0.00 77,000.00 100,400.00 2,661.00 3,991.50 6,209.00 2,217.50 887.00 $193,366.00 ESTIMATED PROJECT BALANCE ............................................. ............................... $ - File: \ Mproject \councilexhibits \exhE1210B.dwg NUECES BAY UP RIVER J� 4f 2-1 ROAD �hA N o �FOPgRI� chQ��P� LD mcy 3 IH37 z J U AGNES AGNES_ CORPUS HWY 44 o d MORGAN CHRISTI CORPUS � BAY o CHRISTI > o INTERNATIONAL wo C -� BEAR AIRPORT 9� W. POINT � 10 r U OSO CREEK � SRI Q� CABANISS F FIELD � f J. C. ELLIOTT LANDFILL F.M. 43 OD Q W cu Z O�0 .2� Q FM 2444 WN PROJECT # E12108 LOCATION MAP NOT TO SCALE J. C. ELLIOTT LANDFILL CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS GAS COLLECTION AND DEPARTMENT OF ENGINEERING SERVICES r CONTROL SYSTEM REPAIRS PAGE: 1 of 1 r MOM O C!) F� �V O � N O � U N U � W J O W N N t a N L .CL w E w N 0 i 0 ,i O � A � � CIO N � O U � Ct � N c O � � � � N 'ct u A V rl O O A u a� 'o u 'o co I� IN O U W O O O 46oq O O O 460q O O O O O O � •Le U) Q _ rr0�� V W I� IN O U W O O O 46oq O O O 460q O O O O O O ct N � H Kil , CITY OF CORPUS CHRISTI AMENDMENT NO. 'I CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City ", and SCS FIELD SERVICES hereinafter called "Engineer ", agree to the following amendments to the Contract for Engineering Services for J. C. Elliott Landfill Gas Collection and Control System Re airs Pro'ect No. E12108), as authorized and administratively amended by: Original Contract I October 9, 2012 1 Ordinance No. 029645 1 $100,400.00 In the Original Contract, Exhibit "A ", Section 2. Scope of Services, shall be amended to include Three Task as follows: 1. Repair Leak in GCCS in the vicinity of Sump 5 2. Wellhead Assessment and Replacement Activities 3. Sump 3 Replacement In the Original Contract, Exhibit "A ", Section 5. Fees, Fee Estimate shall be modified and is attached as Amend No. 1 Exhibit "A" for a fee not to exceed $777,000.00 (Seventy Seven Thousand Dollars and Zero Cents), for a total restated fee not to exceed $177,400.00 (One Hundred Seventy Seven Thousand Four Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "B ". All other terms and conditions of the October 9, 2012 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FIELD SERVICES Oscar R. Martinez Date a ' zzacappa, P.E. Assistant City Manager r lo. ktmd Ax 1901 Central Drive, Suite 550 Bedford, TX 76021 -5872 (361) 571 -2288 Office (361) 571 -2188 Fax RECOMMENDED Davie! Biles, P. E., ate Dir or of Engineering Services d .N.2a perating Departmen Date AMEND. NO. 1 Page 1 of 2 K:IENGINEERING OATAEXCHANGE%ANGIEM4SOLID WASTE4E12108 JC ELLIOTT LANDFILL GAS COLLECTTION & CONTROL SYSTEM REPAIRSkAMENOMENT NO RAGREEMENT.DOC APPROVED AS TO FORM City Attorney Date Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project Number: E12108 Funding Source: 550950 -3362- 00000- E12108 Fund Name: Sanitary Landfill CIP 2006 Encumbrance Number: ENTERED g,v�'� MAR 2 5 2013 CONTRACT MANAGERS AMEND. NO. 1 Page 2 of 2 K: ENGINEERING DATAEXCHANGEUANGIEWSOLID WASTE%E12108 JC ELLIOTT LANDFILL GAS COLLECT TON & CONTROL SYSTEM REPAIRSIAMENOMENT NO MGREEMENT.DOC Landfill Gas Collection and Control System Repairs J.C. Elliott Landfill Presented To: CITY OF CORPUS CHRISTI Department of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Presented By: SCS FIELD SERVICES 1901 Central Drive Suite 550 Bedford, Texas 76021 March 12, 2013 Offices Nationwide www.scsongineers.com AM D. NO. 1 EXHIBIT "A" Page 1 of 6 J.C. Elliott Landfill Table of Contents Section IS CS F IELD SE R V I C E S Page 1 INTRODUCTION ...................................................................................................... ............................... 1 2 SCOPE OF SERVICES ............................................................................................. ............................... 1 Task 1 — Repair Leak in GCCS in the Vicinity of Sump 5 ................................. ..............................1 Task 2 -- Wellhead Assessment and Replacement Activities ............................ ..............................2 Task3 — Sump 3 Replacement ............................................................................... ..............................2 3 SCHEDULE ..................................................................:.............................................. ..............................3 4 ASSUMPTIONS AND CONDITIONS .................................................................... ............................... 3 5 COST ESTIMATE ...................................................................................................... ............................... 4 6 CONCLUSION .......................................................................................................... ..............................4 11 AMD. NO. 1 EXHIBIT "A" Paae 2 of 6 11 J.C. Elliott Landfill SCS FIELD SE RvICES INTRODUCTION With the City of Corpus Christi (City) moving forward with a beneficial landfill gas project, and to avoid problems that can arise due to oxygen being introduced into the waste, SCS Engineers (SCS) recommended that a detailed assessment be performed of the wellfield to determine where damaged wells, header and/or piping exists. This Landfill Gas Collection and Control System (GCCS) Assessment was completed by SCS and presented to the City in June 2012. As a result of that report, several GCCS corrective actions were approved in October 2012 and implemented by SCS Field Services (SCS -FS) in late 2012 and early 2013. Upon completion of this first phase of corrective actions, several new issues impacting the operation of the GCCS were identified and suggested for repair as part of the post - construction report. The proposal is being presented to satisfy those newly identified issues. The scope of services provided in the next section has been divided into three (3) tasks to accomplish the next phase of recommended GCCS repairs for the J.0 Elliott Landfill (Site). The time - and - material estimated costs for each task found in the following scope of work are located in a table which can be found in the Cost section of this document. 2 SCOPE OF SERVICES SCS -FS is proposing to implement the corrective actions as described below to address the deficiencies discovered in the Site's GCCS after completion of Phase I construction activities associated with the 2012 corrective actions proposal. TASK 1 — REPAIR LEAK IN GCCS IN THE VICINITY OF SUMP 5 After repairing Sump 5 and returning vacuum to the southwest section of the 12 -inch header, a leak was detected in this area which resulted in the introduction of air into the system. This leak was previously undetectable during the initial site investigations since that portion of the header had been temporarily decommissioned due to the issues with Sump 5. Since the leak was a major contributor to high oxygen in the gas stream, SCS -FS temporarily isolated this section of the GCCS until an investigation of the problem could be conducted. In February of 2013, an SCS -FS technician added several monitoring ports to the southwest header and used vacuum manipulation techniques in conjunction with GEM readings to further isolate the source of the atmospheric intrusion along this section of header. Using these techniques, the location of the leak was traced to a section of header between Sump 5 and a main header valve located in the vicinity of EW -26. SCS -FS is now proposing the following course of action to repair the source of this atmospheric intrusion so that this section of header can be restored to use: • Excavation of the 12 -inch header at selected intervals for installation of monitoring ports between Sump 5 and the isolation valve to further isolate leak. AMD. NO. 1 EXHIBIT "A" Page 3 of 6 J.C. Elliott Landfill S C S FIELD LE RVlCES • Utilization of a pipe inspection camera to visually inspect the suspect section of header and determine the exact location required for excavation. • Excavate the damaged section of header identified during the video inspection and make the repairs necessary to correct the issues. SCS -FS is estimating between one (1) and two (2) days to further isolate the section of header requiring repairs, with the actual time required to repair the leak taking between two (2) to four (4) days depending on the extent of the damage encountered. In Addition, a $10,000 accrual for cap repairs that could possibly be required has been added to the cost estimate for this task. It is hoped that no such repairs will be needed, or that they will be limited in scope. However, until the actual location of the problem and its -relationship to the cap are positively known, we cannot be sure of the extent of the repairs or ultimate cost that may be required. This ultimate fee will also include SCS observation of all repairs and a short report on the repairs for your files. TASK 2 -- WELLHEAD ASSESSMENT AND REPLACEMENT ACTIVITIES During the post - construction tuning performed by SCS -FS, problems with many of the wellheads were detected which affected their ability to accurately control the applied vacuum to the well. These issues were basically related to stuck gate valves or gate valves that could not be operated through their full range of motion. It is estimated that approximately 17 to 20 wellheads have inoperable gate valves and will require replacement of the entire wellhead in order to regain tuning capabilities. Currently many of these wellhead locations are contributing to the higher than normal levels of oxygen that are found in the gas stream. This is occurring because the supplied vacuum cannot be effectively controlled to eliminate the over - pulling of the offending wells. SCS -FS is proposing to have a qualified technician perform both a visual and operational inspection of each wellhead at the site. During this inspection, the individual wellheads will be inspected to verify valve operation and to notate any other deficiencies affecting LFG collection. After completion of the assessment, an accurate count of wellheads requiring replacement will be made utilizing the technician's notes. The required number of well heads will then be ordered for each location identified and a technician can return to the Site to perform the selected replacements. At this time any other deficiencies noted during the inspection can be addressed as well. For the purposes of this proposal, SCS -FS is assuming that a maximum of 20 Landtec wellheads will require replacement. A budget maximum of $500 for sundry wellhead replacement parts is also being assumed for correcting any other deficiencies noted during the wellhead inspection. TASK 3 — SUMP 3 REPLACEMENT During the 2012 J.C. Elliott Phase I Corrective Actions project Sump 3 was found to be non- operational and causing a severe vacuum restriction on the west side of the landfill. At that time, AMD. NO. 1 EXHIBIT "A" Pane 4 of 6 1f Landfill J.C. Elliott SGS FIELD SE R V I C E S SCS -FS proceeded with the installation of a new AP4 pump at this location and agitated the sediment which had collected in the sump bottom. The combination of these two activities improved the operational effectiveness of Sump 3 and has temporarily returned it to partial operation. It is believed however, that over time this sump will lose its ability to remove condensate from the system resulting in a complete vacuum restriction. Due to the inherent problems with the current Sump 3 design, SCS -FS is proposing a complete replacement of this sump rather than repair of the existing components. To complete this task, SCS -FS will excavate and remove the existing sump and replace it with a more efficient field fabricated stacked tee design. The new sump can then be connected to the existing 16 -inch header utilizing electro- fusion couplers and the pump re- installed. This solution was previously used to correct an identical problem with Sump 1 encountered during the recent Phase I Construction project. In addition, a $9,000 accrual has been added to this task to cover the necessary repairs that will be required for the cap in the immediate vicinity of Sump 3 after the above work is completed. However, SCS -FS cannot be sure of the full extent of the repairs that will be needed or ultimate cost that may be required. This cap repair fee will also include SCS observation of all repairs and a short report on the repairs for your files. 3 SCHEDULE SCS is prepared to commence the scope of services described in this proposal within six weeks of receiving authorization to proceed from the City. Assuming acceptance of all 3 tasks, the entire project should be completed within 3 weeks of the commencement of on -site activities. 4 ASSUMPTIONS AND CONDITIONS In preparing this proposal, SCS offers the following assumptions and conditions: 1. The City will provide and deliver to the site sand from their stockpiles for use by SCS -FS in the bedding and re- grading activities for the 12 -inch header and sump 3 task. 2. Any waste generated from excavation activities will be placed back into the excavation/trench and recovered during backfill activities. 3. No regularly scheduled meetings between the City and SCS have been accounted for in this scope of services. However, it is anticipated that SCS technicians may meet with City personnel on site when performing services. 4. SCS -FS takes no responsibility for the overall quality of the LFG collected from the LFG collection systems in regards to trace components. 5. The City will coordinate any approvals required from TCEQ relating to cap disturbance during SCS -FS' work. AMD. NO. 7 EXHIBIT "A" Pane 5 of 6 k , J.C. Elliott Landfill F SCS FIELD SERVICES 6. This proposal is valid for 60 days from the date of this submittal. This proposal is confidential and for City's use only. If awarded the work, this proposal will become part of a mutually acceptable contract or purchase order. 5 COST ESTIMATE SCS proposes to perform the above described tasks on a time -and— material basis for the estimated amounts shown in the table below. These estimates include costs for labor, project administration and management, equipment, materials, travel and per -diem assumed necessary for the completion of the task as described in the scope of work. Task Number Type of Service Duration (days) Estimated Cost 1 Repair Leak in GCCS in the Vicinity of Sump 5 7 $33,000 2 Wellhead Assessment and Replacement Activities 4 $1.8,000 3 Sump 3 Replacement 5 $26,000 Total $77,000 6 CONCLUSION SCS -FS appreciates the opportunity to present this proposal to the City of Corpus Christi, J.C. Elliott Landfill. Please feel free to contact Jason Lewallen at 817 -680 -2264 if you have any questions regarding this proposal. 4 AMD. NO. 9 EXHIBIT "A" Page 6 of 6 W a Zooms a d• WAN d? T w Z Z 0 IL LU H '0 ,> w 'o � Sr- -1 L C aa- O V m L E a c u d O C W o .� •; c a - O E > a� r Q L O C Al N O a a E a V- 0 Z E a V C O V 110 O fl_ 1 4 fl. c O 0 c p Lf) I c O 0 O 0 O 0 O 0 D 0 O 0 O Lo O 0 O m a) 0 0 0 0 v Z 0 0 0 0 0 0❑ 0 00 0 a�� 0 C °m N a 0 2 V a. t: O N O m O C) Lo a L w U cn r_ C lL Lf) Cl) Lr) Z o to Co a) r LL 4' o c° as c Q 0 � 0 •a � Q m OZ � Q E .N a 00 °0 0 o a C) 0 x 0 0 0 ❑❑ as °0 0 °a � � 64 � C) 0 0 0 00 Co 0 0 0 ❑❑ 00 0 C) 0 0 m ED 610, X0 0 � H � � T- . h oo 0 to 0 r a a r 0 mt in Cl L0 r LL! to r r co 0 40 T Cif 0) 0) 0 Oi O) W m M 4t r' T T Q 0 N F- M T T r N � W N M iLf) M coo Mk tr+ ta to 69� C 0 0 00 C) C) D O O O❑❑ C) 0 C) Ef} a)000C)C) 000000❑ ❑OCR 0 C)C) m r P� OD O co a r O O T O ❑ Q in r Lo (o r. t-. 0 0 (f} r 0 0 0 0 0 0 r OD r r O O N m m M r C+i d L O d' O 0 0) r W a 0(7� s- N r- L0 N m U) M OO 69 041 1 1,1111 613 69 AMD. NO. 1 EXHIBIT "B" Pa e 1 of 1 cn U_ a) 0) v Z i0 a) N N � 'W d �a to a�� N C °m N a 2 V a. t: O N O m •m a o w U cn AMD. NO. 1 EXHIBIT "B" Pa e 1 of 1 v Z N � a> LL a U r_ C lL Cl) Z o to Co a) r LL 4' o c° as c Q 0 0 •a Q m OZ � Q E .N a (D a. �: w si a. a) of 0 U 0 D U) = N w m¢ o I- AMD. NO. 1 EXHIBIT "B" Pa e 1 of 1 r F i 1 SUPPLIER NUMBER TO BE ASSIGNED BYrn -- _ PURCHASING DIVISION �M CITY OF CORPUS CHRISTI city us DISCLOSURE OF INTEREST Christi City of Carpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: SCS Engineers P. O. BOX: STREET ADDRESS: 1901 Central Drive Suite 550 CITY: Bedford Zip: 76021 -5872 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar/, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firth.' Name Depart Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." aName Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or RI Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant �4 r- FILING Ri:QUIREMENTS if a person who requests official action on a matter knows that the requested action will confer all economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [ ,th:cs Ordinance Section 2 -349 (d)] CERTIFICATION I certify drat all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Pemon: Signature of Certify Pei-son: �f,�. M= -t LA- Title: - �I+����r__ ('ryt�e or nt) —{ - ing Date: D i E1NI IONS n. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "rconomic benefit ". An action that is likely to affect an economic interest if it is likely to have all effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. e. "Ismployce." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "firm." Any entity operated for economie gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Maitager, Assistant City Managers, Department and Division Mends, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." legal or equitable interest, whether nettially or constructively held, in it firm, including when such interest is lield through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control establisbcd through voting trusts, proxies, or special terms of venture or partnership agree in ants. " g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 4, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution recommending and encouraging the U.S. Congress to pass a Constitutional Amendment reversing the Citizens United decision on corporate personhood. CAPTION: Resolution recommending and encouraging the United States Congress to pass a Constitutional Amendment establishing that corporations not receive the same legal rights as natural persons; that money not be considered the same as speech, and that independent expenditures be regulated. PURPOSE: At the request of Mayor Nelda Martinez, the City Council will be asked to consider a resolution calling for the U.S. Congress to pass a constitutional amendment overturning the Citizens United v. Federal Election Commission ( "Citizens United') decision from January 21, 2010. Groups and individuals that want to overturn the Citizens United ruling are pushing for the U.S. Congress to pass a constitutional amendment to overturn the decision. Included in that category are: Common Cause, MoveOn.org, People for the American Way, and the U.S. Conference of Mayors. There are an estimated 500 cities and close to one dozen states that have called for a constitutional amendment to overturn Citizens United. So far, in Texas, only the City of Austin has adopted such a resolution. During the City Council's public comment period several Corpus Christi citizens have spoken in favor of the Council taking an active role in this federal legislative agenda item. An amendment to the U.S. Constitution is only enacted if the resolution is passed by a two - thirds (2 /3rds) vote of each chamber of Congress and then is ratified by three - fourths (3 /4ths) of the states within a specified time period. In summary, the United States Supreme Court held that political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections. While corporations or unions may not give money directly to campaigns, they may seek to persuade the voting public through other means, such as creating political action committees. The Citizens United decision did not affect the ban on direct contributions from corporations and unions. It is still illegal for companies and labor unions to give money directly to candidates for federal office. The controversy has occurred because the ruling allowed for a new class of political action committees, that as long as they are not directly affiliated with a campaign ( "issue PACs" as opposed to "campaign PACs ") they could raise funds without reporting their sources. Karl Rove's "American Crossroads" and George Soros' "Friends of Democracy" and American Bridge 21St Century" are examples. The court said that because these funds were not being spent in coordination with a campaign, they were protected speech. BACKGROUND AND FINDINGS: A number of bills have been filed in the 113th United States Congress to deal with the issues raised in the Citizens United decision. S. 525 by Sanders (1 -VT) A bill proposing an amendment to the Constitution of the United States to restore the rights of the American people that were taken away by the Supreme Court's decision in the Citizens United case and related decisions, to protect the integrity of our elections, and to limit the corrosive influence of money in our democratic process. S. J. R. 11 by Sanders (1 -VT) A joint resolution proposing an amendment to the Constitution of the United States to restore the rights of the American people that were taken away by the Supreme Court's decision in the Citizens United case and related decisions, to protect the integrity of our elections, and to limit the corrosive influence of money in our democratic process. H.J.R. 20 by McGovern (D -MA) Proposing an amendment to the Constitution of the United States relating to contributions and expenditures with respect to elections. H.J.R 21 by McGovern (D -MA) Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state. H. J. R. 34 by Duetsch (D -FL) Proposing an amendment to the Constitution of the United States to restore the rights of the American people that were taken away by the Supreme Court's decision in the Citizens United case and related decisions, to protect the integrity of our elections, and to limit the corrosive influence of money in our democratic process. The U.S. Congress could face a number of policy decisions regarding the Citizens United decision — change campaign finance laws, change disclosure and disclaimer requirements, maintain status quo, or any number of other ideas yet to be proposed. The City's federal legislative lobbyist, Larry Meyers, believes the Citizens United ruling is a larger issue in cities and states than in Washington, D.C. Because of other legislative priorities and a Congressional focus on the federal deficit, budget, jobs, and the economy, it is very doubtful that Congress would act on any of the proposals to reverse the Citizens United decision. He reports that most members feel that the "SuperPacs" have balanced each other out, and with the high cost of campaigns, most members will be very hesitant to further limit their ability to raise campaign or issue promotion funds. That, and the difficulty of any constitutional amendment passing, limits the number of members interested in pursuing this issue. The Council is expected to discuss this policy topic in April 9, 2013. Staff makes no recommendation about the proposed resolution. The proposed resolution (attached) takes liberally from the U.S. Conference of Mayor's resolution (also attached). ALTERNATIVES: 1. The City Council could adopt the resolution. 2. The City Council could revise the resolution and adopt it. 3. The City Council could vote against adopting the resolution. 4. The City Council could take no action. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: City Attorney, Assistant City Manager for Business Support Services, City Manager, City's federal lobbyist FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff makes no recommendation about the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Draft Proposed City Council Resolution U.S. Conference of Mayors' Adopted Resolution RESOLUTION NO. Recommend and encourage the United States Congress to pass a Constitutional Amendment establishing that corporations not receive the same legal rights as natural persons; that money not be considered the same as speech, and that independent expenditures be regulated. WHEREAS, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings also known as "natural persons "; and WHEREAS, corporations can and do make important contributions to our society, but the City of Corpus Christi does not consider them natural persons; and WHEREAS, the right to free speech is a fundamental freedom and unalienable right and free and fair elections are essential to democracy and effective self - governance; and WHEREAS, United States Supreme Court Justice Hugo Black in a 1938 opinion stated, "I do not believe the word 'person' in the Fourteenth Amendment includes corporations "; and WHEREAS, the United States Supreme Court held in Buckley v. Valeo (1976) that the appearance of corruption justified limits on contribution to candidates, but rejected other fundamental interests that the City of Corpus Christi finds compelling such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard; and WHEREAS, the United States Supreme Court in Buckley overturned limits on independent expenditures because it found that the corruption or perception of corruption rationale was only applicable to direct contributions to candidates; and, WHEREAS, United States Supreme Court Justice John Paul Stevens observed in Nixon v. Shrink Missouri Government PAC (2000) that "money is property, it is not speech, "; and WHEREAS, the United States Supreme Court recognized in Austin v. Michigan Chamber of Commerce (1990) the threat to a republican form of government posed by "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporations political ideas" and upheld limits on independent expenditures by corporations; and WHEREAS, the United States Supreme Court in Citizens United v. The Federal Election Commission (20 10) reversed the decision in Austin, allowing unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes; and WHEREAS, prior to Citizens United decision unlimited independent campaign expenditures could be made by individuals and associations, though such committees operated under federal contribution limits; and, WHEREAS, given that the Citizens United decision "rejected the argument that political speech of corporations or other associations should be treated differently" because the First Amendment "generally prohibits the suppression of political speech based on the speaker's identity," there is a need to broaden the corruption rationale for campaign finance reform to facilitate regulation of independent expenditures regardless of the source of the money for this spending, for or against a candidate; and WHEREAS, a February 2010 Washington Post -ABC News poll found that 80 percent of Americans oppose the U. S. Supreme Court Citizens United ruling; and, WHEREAS, the opinion of the four dissenting justices in Citizens United noted that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets; and WHEREAS, corporations are legally required to put profits for shareholders ahead of concerns for the greatest good of society while individual shareholders as natural persons balance their narrow self - interest and broader public interest when making political decisions; and WHEREAS, addressing both the Citizens United decision, and corporate personhood is necessary. NOW, THEREFORE, BE IT RESOLVED that it is the position of the City of Corpus Christi that corporations should not receive the same legal rights as individual human beings (also known as "natural persons ") do; and BE IT FURTHER RESOLVED that the City of Corpus Christi also determines that the most urgent action needed is to reverse the impacts of United States Supreme Court Citizens United (2010) decision and the door it opens for unlimited independent campaign expenditures by corporations that contributes to the undermining impacts that "corporate personhood" has on free and fair elections and effective self - governance. PRESENTED AND PASSED on this 26th day of April, 2013 by a vote of ayes and nays at a regular meeting of the City Council of Corpus Christi, Texas. Mayor ATTEST: Armando Chapa City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 80th Annual Meeting Adopted Resolutions Page 1 of 1 ESTABLISH AS A POSITION OF THE UNITED STATES CONFERENCE OF MAYORS THAT CORPORATIONS SHOULD NOT RECEIVE THE SAME LEGAL RIGHTS AS NATURAL PERSONS DO, THAT MONEY IS NOT SPEECH AND THAT INDEPENDENT EXPENDITURES SHOULD BE REGULATED WHEREAS, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings also known as "natural persons "; and WHEREAS, corporations can and do make important contributions to our society, but the United States Conference of Mayors does not consider them natural persons; and WHEREAS, the right to free speech is a fundamental freedom and unalienable right and free and fair elections are essential to democracy and effective self - governance; and WHEREAS, United States Supreme Court Justice Hugo Black in a 1938 opinion stated, "I do not believe the word 'person' in the Fourteenth Amendment includes corporations "; and WHEREAS, the United States Supreme Court held in Buckley v. Valeo (1976) that the appearance of corruption justified limits on contribution to candidates, but rejected other fundamental interests that the United States Conference of Mayors finds compelling such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard; and WHEREAS, the United States Supreme Court in Buckley overturned limits on independent expenditures because it found that the corruption or perception of corruption rationale was only applicable to direct contributions to candidates; and, WHEREAS, United States Supreme Court Justice John Paul Stevens observed in Nixon v. Shrink Missouri Government PAC (2000) that "money is property, it is not speech, "; and WHEREAS, the United States Supreme Court recognized in Austin v. Michigan Chamber of Commerce (1990) the threat to a republican form of government posed by "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporations political ideas" and upheld limits on independent expenditures by corporations; and WHEREAS, the United States Supreme Court in Citizens United v. The Federal Election Commission (2010) reversed the decision in Austin, allowing unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes; and WHEREAS, prior to Citizens United decision unlimited independent campaign expenditures could be made by individuals and associations, though such committees operated under federal contribution limits; and, WHEREAS, given that the Citizens United decision "rejected the argument that political speech of corporations or other associations should be treated differently" because the First Amendment "generally prohibits the suppression of political speech based on the speaker's identity," there is a need to broaden the corruption rationale for campaign finance reform to facilitate regulation of independent expenditures regardless of the source of the money for this spending, for or against a candidate; and WHEREAS, a February 2010 Washington Post -ABC News poll found that 80 percent of Americans oppose the U.S. Supreme Court Citizens United ruling; and, WHEREAS, the opinion of the four dissenting justices in Citizens United noted that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets; and WHEREAS, corporations are legally required to put profits for shareholders ahead of concerns for the greatest good of society while individual shareholders as natural persons balance their narrow self- interest and broader public interest when making political decisions; and WHEREAS, addressing both the Citizens United decision, and corporate personhood is necessary; and WHEREAS, the City Councils of Missoula, Montana; Boulder, Colorado; and Madison, Wisconsin have referred the issue of corporate personhood to their communities for advisory vote. NOW, THEREFORE, BE IT RESOLVED that it is the position of the United States Conference of Mayors that corporations should not receive the same legal rights as individual human beings (also known as "natural persons ") do; and BE IT FURTHER RESOLVED that the United States Conference of Mayors also determines that the most urgent action needed is to reverse the impacts of United States Supreme Court Citizens United (2010) decision and the door it opens for unlimited independent campaign expenditures by corporations that contributes to the undermining impacts that "corporate personhood" has on free and fair elections and effective self - governance; and BE IT FURTHER RESOLVED that the United States Conference of Mayors calls on other communities and jurisdictions and organizations like National League of Cities to join with us in this action by passing similar Resolutions. RESOLUTION ADOPTED JUNE 2012 http://usmayors.org/resolutions/80th—Conference/metro 18. asp 1/29/2013 +ri AGENDA MEMORANDUM for the City Council Meeting of April 23, 2013 DATE: April 4, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager FROM: Mike Culbertson mculbertson@ccredc.com (361) 882 -7448 UPDATE TO CITY COUNCIL — Corpus Christi Regional Economic Development Corporation PRESENTER: Name Title /Position Department 1. Roland Mower President /CEO CCREDC BACKGROUND: CCREDC semi - annual presentation to the City Council LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation V O O V W c� i O L k�� N Q L V ■ 2 O L O o L O d Q O d 9 d D c� L L u 0 N L 0 w U 0 N E O O W U 06 N L 0 M N .CL El I �t L O 4-+ E _O a E W Q Cn C L s V O V O LL r r LL N r LL M r r LL L 0 O O O O O O O O O O O O O O O O O O O O O O (D C) C) O N 1%- LO O C) (D LO r O O O O O O O O O O O O O O O O O O O O O O Cfl a a O N r. L6 V- a (6 L[i r O O O O O O O O O O O O O O O O O O O O O O N a) N 1` W) O r 1% � Co N M � M N M T- O O O O O O O O O O O O O O O O O O O O O O r W 00 m w O 00 M m w L6 ij O N E 1` Lo O N 1'. N O N M M N M T- O O � Cfl 00 � O Cfl M N N O M 00 L O N N 1` W P M 00 M Co N M � M N M T- 4-1 N Gi v � � 06 '� .Q z° ai ~ '� = ca 0 cn a H H = ii a w 3 0 00 I 6 � .4 � � < � . � � r w � 00 00 m N C'7 C� 07 Cfl ( - N C N a) L � O a) L 0 C) L Q a) 70 C/) N -r- a) L U 70 M C/) L N +� U O m C� (D U •cn cn O a) � cn cn Zvi a) > c� Q CL U U > O 0 .� Q � O L N c: c: N W (n N V N a) p a) O • a L 0) (6 Q Z U a_ a_ cn C 0 ��I'li M7 U) W I CL M V El N 0 U N O N Z N �O U Q N A, u O N a) O 0- N E N N O a_ .C/) D 70 an� W ) 0 VJ I— VJ U N O L- Q F� 70 N a) .C/) Q N 3 70 C/) C/) X X W W I PlAl PlAl