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Agenda Packet City Council - 07/09/2013
1201 Leopard Street Corpus Christi Corpus Christi,TX 78401 cctexas.com 7 Meeting Agenda - Final City Council Tuesday,July 9,2013 11:30 AM 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 Deacon Michael Mantz, Diocese of Corpus Christi. 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 13-000613 Proclamation declaring July 2013 as "Park and Recreation Month" Certificate of Commendation Presentation to Mary V. Juarez Swearing in ceremony for newly appointed Municipal Court Judge Inna S. Rogoff-Klein 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. Corpus Christi Page 1 Printed on 71812013 City Council Meeting Agenda-Final July 9, 2013 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. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEM 2) 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 13-000627 Executive session pursuant to Section 551.071(1)(A) to consult with attorneys regarding contemplated litigation regarding employee benefits with possible discussion and action in open session. I. MINUTES: 3 13-000615 Approval of Workshop Meeting of June 18, 2013 and Regular Meeting of June 25, 2013. Attachments: Minutes-June-1.8,201, Minutes-June 25,201 J. BOARDS &COMMITTEE APPOINTMENTS: 4 13-000614 Cable Communication Commission Corpus Christi Business and Job Development Corporation Corpus Christi Convention & Visitors Bureau Ethics Commission Leadership Committee for Senior Services Planning Commission Regional Health Awareness Board Attachments: Board Packet Corpus Christi Page 2 Printed on 71812013 City Council Meeting Agenda-Final July 9, 2013 K. 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. L. CONSENT AGENDA: (ITEM 5) 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. 5 1 -000523 Second Reading Ordinance - Rezoning from Commercial and Residential to Light Industrial on Tract 1 and from Residential to Commercial on Tract 2 for Jubalee Properties, Ltd., on property located at 9801 South Padre Island Drive (SH 358), 1130 Baywood Lane, and 1133 Baywood Lane (1st Reading 6125113) Case No. 0413-05 Jubalee Properties, Ltd.: A change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change to the Future Land Use Plan from commercial to industrial uses on Tract 1 and not resulting in a change to the Future Land Use Plan on Tract 2. Tract 1 is described as being Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition. The property to be rezoned is located south of South Padre Island Drive (SH 358) on Baywood Lane. Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 - Denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit, subject to the nine conditions. Tract 2 - Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Jubalee Properties, Ltd., acting as agent on behalf of Corpus Christi Page 3 Printed on 71812013 City Council Meeting Agenda-Final July 9, 2013 Mostafa Bighamian, Morteza Shafinury and First National Bank ("Owners"), by changing the UDC Zoning Map in reference to Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General 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-Jubalee Properties Map-Aerial Overview Zoning Report-for CC, Jubalee(attach} Ordinance-Jubalee Properties, Ltd x06012013 w exh M. PUBLIC HEARINGS: (ITEMS 6 -12) 6 13-000554 Public Hearing for the Fiscal Year 2013 -2014 Operating Budget Public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Operating Budget for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo- Public Hearing for FY 2013-2014 Operating Budget Presentation-Operating Budget Public Hearing 070913 7 13-000623 Public Hearing on FY 2013 -2014 Proposed Capital Budget& Capital Improvement Planning Guide Public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Capital Budget & Capital Improvement Planning Guide for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo- Public Hearing for FY 2013-2014 Capital Budget and Capital Ir Presentation- Budget Public Hearing 070913-CIP 8 13-000491 Public Hearing and First Reading Ordinance -Rezoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, on property located at 1515 North Tancahua Street. Case No. 0413-03 Avalon Corpus Christi Transitional Center, LLC: A change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property to be rezoned is described as being a tract of Corpus Christi Page 4 Printed on 71812013 City Council Meeting Agenda-Final July 9, 2013 land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the UDC Zoning Map from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial 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-Avalon Map-Aerial Overview Zoning Report-for CC, Avalon Ordinance-Avalon SP w exh 9 13-000521 Public Hearing and First Reading Ordinance -Rezoning from Single-Family to Two-Family for Sababa Holdings, LLC., on property located at 1213 Central Street. Case No. 0513-02 Sababa Holdings, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), by changing the UDC Zoning Map in Corpus Christi Page 5 Printed on 71812013 City Council Meeting Agenda'Final July 9. 2018 reference tn Lot 17. Block 4. Flour Bluff Center, from the ^RG-6^ Single-Family 6 District tothe "RS-TF^Tvvo-Fanni|y District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Sababa Holdings Map-Aerial Overview Zoning Report-for CC, Sababa Holdings 10 13-0X005C22 Public Hearing and First Reading Ordinance -Rezoning from Farm Rural to Residential Estate for Solomon and Lisa DeLmFuente, on property located mt785OStarry Road. Case No. 0513-03 Solomon and Lisa De La : A change ofzoning from the "FR" Farm Rural District to the "RE" Residential Estate Diotriot, resulting in a change to the Future Land Use Plan from park to estate residential. The property to be rezoned is described as being a 3.86-aone tract of land out of Lot 15. Section 34. Flour Bluff and Enoina| Farm and Garden Tracts, located on the northeast corner ofStarry Road and Starry Ciro|e, approximately one-half mile south of Yorktown Boulevard. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Solomon De La Fuente and Lisa De La Fuente (''Dvvnero^), by changing the UDC Zoning Map in reference to a 3.86-aone tract of land out of Lot 15. Section 34. Flour Bluff and Enoina| Farm and Garden Tracts, from the "FR" Farm Rural District tothe "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing fora repealer clause and publication. Attachments: Agenda Memo- De La Fuente(Final in Legistar) Map-Aerial Overview De La Fuente Zoning Report-for CC, De La Fuente w exh 11 13-0005EM6 Public Hearing and First Reading Ordinance -Rezoning from Office to Single-Family by City of Corpus Christi for properties inJackson Woods Subdivision, on properties located mt1OGO9-1OG21 Gettysburg Street and 1OG18-1OG3O Potomac Street. Case No. 0613-03 City of Corpus Christi: A change of zoning from the Corpus Christi Page Printed onnn12om City Council Meeting Agenda-Final July 9, 2013 "ON" Office District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from park to low density residential. The property is described as Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon initiation by the City of Corpus Christi, by changing the UDC Zoning Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District (formerly AB Professional Office 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. Attachments: Agenda Memo-City of CC Map-Aerial Overview Zoning Report-for CC, Jackson Woods Subdivision Ordinance-Jackson Woods Subdivision 12 13-000570 Public Hearing and First Reading Ordinance -Closing a portion of Laurelas Drive out of the Rancho Vista Subdivision Unit 3 Ordinance abandoning and vacating an undeveloped and unsurfaced 521.50 square- foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3 and requiring the owners, Yorktown Oso Joint Venture and American Bank, to comply with specified conditions. Attachments: Agenda Memo- Laurelas Dr. Ordinance- Laurelas Drive Street Closure ord vFinal 20130703(corrected CC d N. REGULAR AGENDA: (ITEMS 13 - 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13 13-000384 Purchase of Police Motorcycles Motion approving the purchase of six (6) police motorcycles from GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas in accordance with Request For Proposal No. BI-0087-13 based on best value for an estimated expenditure of$163,386.00, of which $149,886.00 is required for the remainder of FY 2012-2013. Funding is available in the FY 2012-2013 Capital Outlay Budget. Corpus Christi Page 7 Printed on 71812013 City Council Meeting Agenda'Final July 9. 2018 Attachments: Agenda.Memo- Police Motorcycles Evaluation Matrix- Police Motorcycles Service.Agreement- Police Motorcycles, 14 .C3-00X04E%2 Second Remding [}ndinmnoe -SettingTmrmmsmndConditionsfor Recycled Water Service (1st Reading G/11/13) Ordinance amending the Code of Ordinances by adding Article }(|}(. Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. Attachments: Revised Memo- Effluent Rate Ordinance Revised Ordinance as amended- Effluent Rate Presentation- Effluent Rate Ordinance FINAL 0. FIRST READING ORDINANCES: (ITEMS 15 -23) 15 .C3-0X00611 First Reading Ordinance -Approving and adopting mnappeals process for the Street Maintenance Fee Ordinance adopting the Appeals Process for the Street Maintenance Fee attached ao Exhibit 'Y\" (Appeals Prooeoo); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. Attachments: Presentation-Street Mai ntenanceFee-Appeals Process 7-9-13 16 .C3-000X61K0 FirstRemding [}ndinmnoe -AmmendingtheCode of Ordinances to establish m Street Maintenance Fee Board ofAppeals Ordinance amending the Code of Ordinances by adding Section Division 29. to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. Attachments: PP 17 .C3-{000548 First Reading Ordinance -Waterline easement dedication for constructing m potable waterline to education facility Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant tothe Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement Corpus Christi Page Printed onnn12om City Council Meeting Agenda'Final July 9. 2018 across a8.646-aore City-owned tract cf land ho construct apotable waterline across city property for purposes of supplying potable water to the CBBEP'o education facility, located onCBBEP-ovvned land. Attachments: AgendaMemo-Waterline Easement Agreement-Waterline Easement 18 .C3-{000595 FirstRemding [}ndinmnoe -Appnoprimtingfund proceeds from interest and other revenues into the City's Capital Improvement Program Funds Ordinance appropriating $15.6S7.5Sin AIRPORT C|P interest earnings in the funds as listed in Attachment 1. Section 1 for the City's match for future FAA Grant Projects; ChangingtheFY2013Capita| |nnprovennent Budget adopted by Ordinance No. 029565to increase expenditures by $15.697.59; appropriating $131.046.S5in BOND PROCEED interest earnings for Bayfront. Public Health and GaN*h/. Fine, Po|ioe, Sanitary Landfi||, Libnary, Convention Center. Parks, and Streets in the funds ao listed in Attachment 1. Section 2 for the stated bond projects notyet complete, similar projects tobeapprovedbyCib/ Counoi| orthe payment of debt service; Changing the FY2013 Capital Improvement Budget adopted by Ordinance No. 029565to increase expenditures by $131.046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1. Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17.720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Geavva|| and Arena, Paokery Channel Bondo, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1. Section 4 for the stated bond projects notyetoonnp|ete. theoupportoftheCih/'o approved Capital Improvement Prognann, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100.666.05 in STREET ASSESSMENTS ao listed in Attachment 1. Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28. 2013 and repayment ofapproved assessment projects; Changing the FY2013Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100.666.05. Attachments: Agenda Memo-Appropriationsv2 Ordinance-appropriations Aftachment One-2013 Appropriation Corpus Christi Page Printed onnn12om City Council Meeting Agenda-Final July 9, 2013 19 13-000539 First Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located along the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive Ordinance authorizing execution of a sanitary sewer collection line extension construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-5961 HWY 44 LLC Exhibits A-F Agreement- 5961 HWY 44 LLC Ordinance-5961 HWY 44 LLC 20 13-000540 First Reading Ordinance -Approriating funds to reimburse the developer for the construction of a sanitary sewer collection line located on State Highway 44, west of Bockholt Road and east of Clarkwood Road Ordinance appropriating $191,607.92 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC, ("Developer") for the construction of the sanitary sewer collection line improvements in accordance with the approved reimbursement agreement executed with the Developer. Attachments: Agenda memo- N.M. Edificios 5.31.13 Agreement-2010-150 Ordinance-Wastewater Reimbursemt Ord N M Edificios LLC 21 13-000591 First Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located east of South Navigation Boulevard and south of Bates Drive Ordinance authorizing execution of a wastewater collection line extension and reimbursement agreement ("Agreement") with Thomas S. Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Developer in accordance with Agreement. Corpus Christi Page 10 Printed on 71812013 City Council Meeting Agenda'Final July 9. 2018 Attachments: Locabon-Ma� Ordinance-Saxet Industrial Agreement-,_,Saxet_,Indust�ial_,_,_Wastewater Collection Extension 22 .C3-000X606 First Reading Ordinance -Authorize m lease and concession agreement with Tailwind CRP, LLC for operation of food and beverage concession mt Corpus Christi International Airport and termination of existing lease with Game Time Ordinance authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("GanneTlnne") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind CRP. LLC ("Tailwind") for the operation ofa food and beverage concession at the Corpus Christi International Airport ("Airport"). in consideration of the greater ofan annual nnininnunn rental fee or ounn equal to twelve percent (1296) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (1696) of all alcoholic beverages gross revenues, for a term of five (5) years. Attachments: Ordinance-Tailwind Lease-Tailwind Food and Beverage Certification of funds Presentation- FB Concession 23 .C3-{000592 First Reading Ordinance -Amending the lease agreement with the Columbus Sailing Association regarding the Nina Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association (''CGA') for the lease of the Columbus ship, Niha; appropriating $8.800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CGA for the cost associated with the repair and restoration of the Niha; changing the FY2012-2013 operating budget adopted bv Ordinance No. 02S565by increasing revenues and expenditures by $8.800 each; providing an effective date; and providing for publication. Attachments: Agenda_,Me.mo-Amendment LEASE AGREEMENT RE Nina Ordinance-Amendment LEASE AGREEMENT RE Nina Amendment to Lease of Nina- Partially.Executed 2013 P. FUTURE AGENDA ITEMS: (ITEMS 24 -31) The following items are for Council's informational purposes only. No action will bo Corpus Christi pave// Printed onnn12om City Council Meeting Agenda'Final July 9. 2018 taken and no public comment will bosolicited. 24 .C3-0X00553� Engineering Construction Contract for the [}.N. Stevens Water Treatment Plant-Water Utilities Lab HVAC Rehabilitation Motion authorizing the City Manager, or designee, to execute a Construction Contract with Scott Air Conditioning & Heating Co. of Corpus Christi, Texas in the amount of$68.470.00. for the D.N. Stevens Water Treatment Plant H\6ACRehabilitation. Attachments: Project._Bud_qet_.-._ONS Utilities Lab HVAC Locabon_,_Map_,-,_0,NS Utilities Lab HVAC 25 .C3-{0006[5 Resolution in support ofAEP Texas Central Company's LED Pilot Program Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; and supporting any amendments toAEP'o Tariff necessary to make the service available. Attachments: Agenda Memo-AEP Resolution -AEP LED Pilot Program ExhibitA 26 13-0X00C269� Engineering design contract amendment No. 1 for the Citywide Street Overlay and Seal Coat Indefinite Delivery/indefinite Quantity (Pilot) Program Motion authorizing the City Manager, or designee, toexecute Amendment No. 1 to a Contract for Professional Services with RH Shackelford, Inc. from Corpus Christi, Texas in the amount of $743.360.00, fora re-stated fee not toexceed $78S.110.00 for Citywide Street Overlay and Seal Coat Indefinite Delivery/Indefinite Quantity Program-Pilot Program. Attachments: Agenda Memo-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Progi Project Budget-Citywide Street Overlay and Sealcoat IDIQ Program Location Map-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Progre Contract-Citywide Street Overlay and Sealcoat I DI Q Program.pdf PowerPoint-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Prograrr 27 1C-00�532 Engineering Design Contract -Ammendmment No. 3 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager, or designee, toexecute Amendment No. 3 to the Contract for Professional Services with Freese Corpus Christi Page 12 Printed onnn12om City Council Meeting Agenda'Final July 9. 2018 and Nichols, Inc. of Corpus Chhod. Texas in the amount of $1.120.662.00. for the New Broadway Wastewater Treatment Plant for construction observation services. Attachments: Certification of Funds-New Broadway_ 28 .C3-000X600 Change Order No. 5 for Corpus Christi International Airport Runway 17 -35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager, or designee, to execute Change Order No. 5 to the Construction Contract with Bay. Ltd. of Corpus Christi, Texas in the amount of $718.655.07 for atotal restated fee not to exceed $13.728.905.59. for the Corpus Christi International Airport (CC|A) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. Attachments: Agenda_,Memo,_-,_Runway,_,1,7-35,_C,han_qe,_,Order 29 .C2-0091 � Agreement for temporary tax abatement for Kinney Hotel Partners LTD Resolution authorizing the execution of an agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement. Attachments: AgendaMemo Exec KinneyHotelTax.Abatement 12-00911 RESOLUTION Kinney.HotelTaxAbatement 5-13-13 Certification of FundsKinneyHotel Tax Abatement 12-00911 30 .C3-{0Y}470 Chapter 380 Agreement for Kinney Hotel Partners LTD for waiver of Development fees Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. Corpus Christi Page 13 Printed onnn12om City Council Meeting Agenda'Final July 9. 2018 Attachments: Agenda,_M,emo_,Exec,_Kin.ney_,_Hotel_,Chapter 380 13-000470 Resolution -Kinney,_,H,otel,_Chgpter,_380,_Agreement 5-13-13 Certification of Funds_,Kin,ngy,_Hotel_,Chapte.r.380,13-000470 31 .C3-000569 Amending Council Policy regarding Board Recommendations Resolution amending City Council policies for City board, committee, and commission appointment recommendations. Attachments: Agenda,_M,emo,-_Amendin_q_Council,_Polipy,_,regarding,_Board Recommendations Q. BRIEFINGS TO CITY COUNCIL: (ITEM 32) The following items are for Council's informational purposes only. No action will bo taken and no public comment will bosolicited. 32 .C3-{0006[4� Utility Business Office Collections Management Program Attachments: Agenda Memo- UBO-Collectins Management Program Presentation- Utility Collections Management 7-9-13 V3 R. ADJOURNMENT Corpus Christi Page 14 Printed on 71812013 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 � 1 cctexas.com x Meeting Minutes - Final City Council Workshop Session Tuesday,June 18, 2013 11:00 AM City Council Chambers A. CALL MEETING TO ORDER. Mayor Martinez called the meeting to order at 11:04 am. B. ROLL CALL. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Mangaer Ron Olson,Assistant City Attorney Alison Logan,and City Secretary Armando Chapa. Note: Council Member Magill arrived at 11:25 am. Present 8- Mayor Nelda Martinez, Council Member Mark Scott, Council Member David Loeb, Council Member Lillian Riojas, Council Member Chad Magill, Council Member Priscilla Leal, Council Member Colleen McIntyre, and Council Member Rudy Garza Jr. Absent 1 - Council Member Kelley Allen C. BRIEFINGS TO CITY COUNCIL: 1. Briefing and Discussion regarding Street Maintenance Fee Mayor Martinez referred to Item No. 1,Street Maintenance Fee. Oscar Martinez, Assistant City Manager provided an overview of the street maintenance fee and discussed the calculation formula, Equivalent Residential Unit(ERU) 1,500 square feet x Trip Factor(TF)x Rate equals to the monthly bill, per month per meter. Mr. Martinez stated that the land use survey has been completed and under budget and discussed the different land uses, ITE codes and count. He then referred to the Rate Model Alternatives and discussed each of the five options,and stated that City staff is recommending Option E, Cap Trip Factor- 3.78, Cap Square Footage 59,000, and Rate$5.99,to generate$11,395,919 in revenue. Mr. Martinez discussed the basis for the recommended rate stating that capping the trip factor at 3.78 is consistent with methodology;capping of square footage at 59,000 captures 95%of population; meets targeted street maintenance requirements; promotes fairness; revenue requirement does not include administrative overhead, low income discounts, and uncollectibles; and billing would begin January 1,2014. After discussion, Council Member Loeb made a motion to direct staff to bring back the necessary amendments to institute Option E in the Street Maintenance Fee ordinance on second reading to be voted on during the meeting of June 25, 2013 and to be effective January 1,2014,seconded by Corpus Christi Pagel Printed on 71212013 City Council Workshop Session Meeting Minutes -Final June 18,2013 Mayor Martinez. The motion passed with the following vote: Martinez, Garza, Leal, Loeb, Magill, McIntyre, Riojas,and Scott voting "Aye";Allen was absent. 2. Wrap Up Report on the 83rd Regular Session of the Texas Legislature Mayor Martinez referred to Item No.3,Wrap Up Report on the 83rd Regular Session of the Texas Legislature. Mr. Tom Tagliabue, Director of Intergovernmental Relations stated that this legislature had 6,061 bills and joint resolutions filed during the regular session and more than 1,447 were passed. Mr.Tagliabue stated that the Council had adopted 50 policy issues to address during this session, and that 26 had outcomes that would be considered successful at the end of the session. He added that 14 issues were categorized as a"Priority", 19 issues were categorized as"Actively Support", 10 issues were categorized as"Actively Oppose",and 4 issues were categorized as"Support". 3. Enterprise Funds Mayor Martinez referred to Item No.3, Enterprise Funds Summary. Mr. Oscar Martinez,Assistant City Manager stated that enterprise funds are used for operations that are financed and operated in a manner similar to private business enterprises with the costs of providing goods or services being financed or recovered primarily through user charges. Mr. Martinez discussed the pinnacle issues for FY 2014; major accomplishments for FY 2013; number of employees in the enterprise fund; utility rate impact; revenue;total expenditures;summary of fund balances,and projected change in fund balance. Mr. Martinez stated that the approved decision packages for 2014 total$2,984,016 for the water department,gas department,and wastewater department. Mr. Martinez further discussed the increase in purification chemical costs to meet new regulatory permit requirement for effluent ammonia at Oso Wastewater Treatment Plant estimated at$2,000,000. He stated that the prior permit did not contain an ammonia limitation. A discussion ensued regarding the chemical treatment requirements at Oso Treatment Plant and related costs, the requirements imposed by the Texas Commission on Environmental Quality, the permitting process mandated by EPA and TCEQ, and the Clean Water Act. Council Member Loeb made a motion directing staff to converse with Texas Commission on Environmental Quality that the Council has approved making the alterations to the Plant,where in four years we will have the Plant in compliance, but the affect of making the capital project and interim project has caused the utility rate to increase 9%and the Council finds that unacceptable, can the City wait to come to compliance when we make the plant upgrades, instead of doing the interim project to make it work and then doing the long term project at the same time,seconded by Council Member McIntyre. The motion passed with the following vote: Martinez,Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas,and Scott voting "Aye". 4. Debt Service Funds Mayor Martinez referred to Item No.4, Debt Service Funds. Constance Sanchez, Director of Finance stated that these funds are used to account for the accumulation of resources for,and the payment of,general long-term debt Corpus Christi Page 2 Printed on 71212013 City Council Workshop Session Meeting Minutes -Final June 18,2013 principal and interest. Ms.Sanchez then discussed the major revenues by category including the total for 2014,outstanding general obligatioini debt, outstanding utility revenue debt,debt ratings, impact of AAA rating,debt per capita, and the net direct as a percentage of full assessed values Ms.Sanchez provided a history of the tax cap and stated that about 30 years ago,the voters voted to amend the City Charter to limit the City's ad valorem tax rate for all purposes, including debt service,to$0.68 per$100 assessed valuation. Council Members discussed the$0.68 tax cap, bond rating,and population g rowth. 5. Capital Budget Mayor Martinez referred to Item No.5, Capital Budget. Mr. Oscar Martinez, Assistant City Manager stated that the proposed utility rate request include a 5.9%increase for residential water,8.67%for wastewater,and 2.50%for gas. Mr. Martinez stated that the capital budeget approach involves: project included in the CIP budget are developed using master plans,studies, observation,and staff,council and citizen input;focus on completion of bond projects;continue with Broadway Wastewater Treatment Plant work; proactive aproach for infrastructure replacement;focus on council directives and goals; and securing funding for projects with the least impact on utility rates and taxes. Mr. Martinez then discussed the 2014 funding sources by type,funding uses by program,and revenues by type and progam expenditures for three years. He provided an overview of the Bond 2012 for Propositions 1,3 through 8. Mr. Martinez informed the Council of the Annual CIP for Airport totals$28,198.400; Park and Recreation department totals$5,475,000; Public Facilities totals $5,300,000; Public Health and Safety totals$18,487,000; Streets totals $34,552,000; Gas totals$4,621,000;Storm Water totals$28,226,400;Wastewater totals$40,090,200;and Water totals$84,595,200. He then discussed the 10 year projects for Utility Rates by Utility,and 10 year Water Rate by Class. Mr. Martinez informed the Council that the Public Hearing is schedued for July 9th, First Reading is scheduled for July 16th,and Second Reading is scheduled for July 30th. D. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 3:10 pm. Corpus Christi Page 3 Printed on 71212013 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 � 1 cctexas.com x Meeting Minutes - Final City Council Tuesday,June 25, 2013 11:30 AM Council Chambers A. CALL MEETING TO ORDER. Mayor Martinez called the meeting to order at 11:30 am. B. INVOCATION The invocation was delivered by Pastor Linda Morrow,St. Peter's by the Sea United Methodist Church. C. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Ron Olson, City Manager. D. ROLL CALL. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Mangaer 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 July 4, 2013 as "July 4th Big Bang Celebration 2013" Swearing-in ceremony for newly appointed Board, Commission and Committee Members Mayor Martinez read and presented the Proclamation and conducted a swearing-in ceremony of newly appointed board and commission members. H. EXECUTIVE SESSION: (NONE) G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: I. MINUTES: Corpus Christi Page 1 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 2. Approval of Meeting Minutes -Workshop Meeting of June 4, 2013 and Regular Meeting of June 11, 2013. A motion was made by Council Member Magill,seconded by Council Member Garza to approve the minutes as presented and passed. J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) L. CONSENT AGENDA: (ITEMS 3 - 12) Mayor Martinez referred to the Consent Agenda, Items 3-12. Mayor Martinez asked for comments from the public and the following citizens spoke: Trian Serbu spoke in opposition to Item No. 12 on the day's agenda related to a grant for Sam Kane Beef Processors;Abel Alonzo spoke in support of Item No. 12 and thanked the Type A board and staff for their work; Unidentified Citizen stated that the street in which he resides is not maintainted by the city and will he be required to pay the street fee. There were no comments from the council. The items were approved by one vote: 3. Purchase and Installation of Security Equipment Motion approving the purchase and installation of sixteen (16) CCTV cameras and an access control system from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $76,634.81. Funds have been budgeted by the Aviation Department in FY 2012- 2013. The foregoing motion was passed and approved 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 Enactment No: M2013-103 4. Application for a Hazardous Materials Emergency Preparedness Planning Grant Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or Corpus Christi Page 2 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 terminate the grant. The foregoing motion was passed and approved 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 Enactment No: 029868 5. Engineering Design Contract -for emissions and odor control improvements at the Greenwood Wastwater Treatment Plant Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $85,954.00, for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. The foregoing motion was passed and approved 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 Enactment No: M2013-104 6. Agreement withTexas Department of Transportation (TXDOT) to contribute Right of Way funds for highway improvements on FM 43 (Weber Road)from SH 286 (Chapman Ranch Road) to Yorktown Boulevard Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of$5,500. The foregoing resolution was passed and approved 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 Enactment No: 029869 7. Agreement with Texas Department of Transportation (TXDOT) to Corpus Christi Page 3 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 contribute Right Of Way funds for highway improvements on FM 2444 (Staples Street)from SH 286 (Chapman Ranch Road) to Oso Parkway Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of$67,000. The foregoing resolution was passed and approved 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 Enactment No: 029870 8. Second Reading Ordinance - Rezoning from Resort Commercial to Multifamily with a Planned Unit Development for Townhouses for Alex Harris, on property located at 14306 through 14334 Nemo Court (1st Reading 6/11/13) Case No. 0513-01 Alex H. Harris: A change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan on the property described as Lots 17 - 24, Block 45, Padre Island - Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris, owner of Lots 22-24, Block 45, Padre Island - Corpus Christi - Island Fairway Estates, from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay; amending Corpus Christi Page 4 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 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: 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 Enactment No: 029871 9. Second Reading Ordinance - Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. on property located at 3142 South Staples Street(Tabled on 5128113) (1st Reading 6111113) Case No. 0413-02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. The property is described as being a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1 and to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3; 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: Corpus Christi Page 5 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 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 Enactment No: 029872 10. Second Reading Ordinance -Approving the Annual Audit Plan (1st Reading 6111113) Ordinance to approve the Annual Audit Plan for FY 2013-2014 The foregoing ordinance was passed and approved on second 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 Enactment No: 029873 11. Second Reading Ordinance -Appropriating funds to reimburse John C. and Cheryl L. Hooper for the wastewater development fees paid in 2003 (1st Reading 6111113) Ordinance appropriating $5,495.10 from the No. 4220 Wastewater Trunk System Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. The foregoing ordinance was passed and approved on second 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 Enactment No: 029874 12. Second Reading Ordinance -Type A Grant for Sam Kane Beef Processors, LLC (1st Reading 6111113) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane") to provide a grant of up to $3,000,000 for the retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to Corpus Christi Page 6 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. The foregoing ordinance was passed and approved on second 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 Enactment No: 029875 F. PUBLIC COMMENT Mayor Martinez referred to Public Comment and the following citizens spoke: Mr. Fred Segundo,Airport Director recognized Dale Morris, Intergovernmental Affairs for American Airlines and was instrumental for bringing the large aircraft to Corpus Christi; Mike Tracey, Manager-Corner Bakery Cafe invited the Council to the opening on June 29th at The Shop at La Palmera; Foster Edwards, CEO Chamber of Commerce recognized Tom Tagliabue, Director of Intergovernmental Affairs for his hard work. M. REGULAR AGENDA: (ITEMS 13 -20) 13. Second Reading Ordinance - Establishing a Street Maintenance Fee (1st Reading -2/26/13) Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. Mayor Martinez referred to Item No. 13, Establishing a Street Maintenance Fee and asked for comments from the audience. Mr. Gonzales, Owner of Taxi Service spoke of impactthe street maintenance fee will have on his business; Wilson Wakefield asked to look at other areas to generate revenue and to let the voters decide; Kevin Aguilar Ferrari,Small Business Owner, stated that the street fee will impact his business and suggested that different classes of businesses should be billed differently and asked the Council to consider a gas tax; Rolando Garza asked the Council to let the voters decided the street fee in the form of an Ad Valorem Tax;Jose Marroquin stated that the voters should decide the street fee;Trian Serbu in support of no street fee and that voters already pay their taxes; Mary Lou Huffman spoke in honor of Ruth Gill the first elected Councilwoman;Tony Norrell spoke about the formula used to calculate the fee and does not support the street fee; Foster Edwards, CEO Chamber of Commerce spoke in support of the street fee;Abel Alonzo thanked staff for their work,street fee is necessary but asked that it be fair; Reverend Sean Maloney,St. Bartholomew's Episcopal Church asked the Council consider looking at a fee for churches and non-profit organizations; Mario Lopez asked for public education on the disbursement of the fee; and Hector Morales spoke in support of a state tax for the street fee. Corpus Christi Page 7 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 Council Member Magill made a motion to create a ballot item for Ad Valorem Taxes to pay for street maintenance fee,and should it fail,enact Option No. 17 immediately thereafter,seconded by Council Member Garza. After clarification by City Attorney Carlos Valdez that the item being discussed relates to establishing the street maintenance fee, Mr. Magill amended his motion to read, motion to put before the voters in November a ballot item for Ad Valorem funding for the street maintenance,seconded by Council Member Garza. City Secretary Chapa polled the council for their vote and the motion failed with the following vote: Garza, Leal and Magill voting "Aye";Allen, Loeb, Martinez, McIntyre, Riojas,and Scott voting "No". Mr. Oscar Martinez,Assistant City Manager informed the Council of the following amendments to the ordinance prior to passage on second reading: 1) remove Commercial Residential Benefitted Property Designation and 2) redefined Residential Benefitted Property Designation to include single family residential, and multi family residential. A motion was made by Council Member Loeb,seconded by Council Member McIntyre and passed with the following vote: Allen, Loeb, Martinez, McIntyre, Riojas,and Scott voting "Aye"; Garza and Magill voting "No"; Leal -No Vote. City Secretary Chapa polled the council for their vote on the ordinance on Second Reading as amended and it passed with the following vote: Allen, Loeb, Martinez, McIntyre, Riojas,and Scott voting "Aye"; Garza, Leal and Magill voting "No". Aye: 6- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre and Council Member Riojas Nay: 3- Council Member Leal, Council Member Magill and Council Member Garza Abstained: 0 Enactment No: 029876 14. Second Reading Ordinance - Establishing policies, methodologies, and rate to be charged for implementing the Street Maintenance Fee (1st Reading 3119113) Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. Mayor Martinez referred to Item No. 14, Establishing policies for implementing the Street Maintenance Fee. Mayor Martinez asked for comments from the public and there were none. Mr. Oscar Martinez,Assistant City Manager provided a presentation and discussed the calculation formula, land survey results, recommended rate model,ordinances for approval and amendment summary. Mr. Martinez stated that the projected revenue from the street maintenance fee does not include administrative overhead, low income discount and uncollectibles. After council discussion, the following amendments were made: A motion was made by Council Member McIntyre to amend Section 7, after the 4th paragraph where an individual business has multiple meters on an individual lot or parcel that in total exceed the cap on square footage, the Corpus Christi Page 8 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 director shall calculate the fee for that business as if they had a single meter. This paragraph does not apply to properties or meters that serve multiple businesses,seconded by Council Member Loeb and passed with the following vote: Allen, Loeb, Martinez, McIntyre, Riojas and Scott voting "Aye"; Garza, Leal and Magill voting "No". A motion was made by Council Member McIntyre that we adopt Option 16 and go with the 85th percentile at trip factor cap at 5.78, and the square footage cap at the 99th percentile when re-calculated in light of the previous motion, seconded by Council Member Scott and passed with the following vote: Allen, Loeb, Martinez, McIntyre, Riojas and Scott voting "Aye"; Garza, Leal and Magill voting "No". Mayor Martinez made a motion directing staff to get data analysis of the square footage on non-profits and come back to Council for direction before the street regulatory fee goes into effect,seconded by Council Member Loen and passed with the following vote: Allen, Garza, Leal, Loeb, Magill, Martinez, McIntyre, and Riojas voting "Aye"; Scott voting "No". A motion was made by Council Member Scott to approve the following staff amendments: 1) remove Commercial Residential Benefitted Property Designation,2) redefine Residential Benefitted Property Designation to include: single family residential and multi family residential,3) Define Land use as having 131 Categories,4)update Trip Factor Index,5) remove all elements of an appeal process,to be adopted by separate action, 6)clarified the formula for fee calculation,7)updated rate to match recommended rate,8) updated Trip Factor and Square Footage caps to match recommendations,9) add an effective implementation date of January 1,2014, seconded by Council Member Loeb and passed with the following vote: Allen, Loeb, Martinez, McIntyre, Riojas and Scott voting "Aye"; Garza and Magill voting "No"; Leal - No Vote. City Secretary Chapa polled the council for the vote on the ordinance on Second Reading as amended and it passed with the following vote: Allen, Loeb, Martinez, McIntyre, Riojas and Scott voting "Aye"; Garza, Leal and Magill voting "No". Aye: 6- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre and Council Member Riojas Nay: 3- Council Member Leal, Council Member Magill and Council Member Garza Abstained: 0 Enactment No: 029877 15. Emergency Ordinances to Accept and appropriate funds for a State grant to be disbursed for the Texas Safe Shelter Initiative (Related Items 15 - 17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of$1,800,000 for Calallen ISD shelter project for the Texas Safe Shelter Initiative with a match of 25% to be provided by Calallen Corpus Christi Page 9 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 ISD per Interlocal Agreement; appropriating $1,800,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to CaIallen ISD for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and CaIallen ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. An emerency was declared and the foregoing ordinance was passed and approved 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 Enactment No: 029878 16. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of$1,800,000 for Del Mar College shelter project for the Texas Safe Shelter Initiative with a match of 25% to be provided by Del Mar College per Interlocal Agreement; appropriating $1,800,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Del Mar College for reimbursement for design and construction costs for the shelter projects; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Del Mar College to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. An emerency was declared and the foregoing ordinance was passed and approved 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 Enactment No: 029879 17. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amounts of$1,800,000 for Tuloso-Midway ISD shelter project at the High School and $1,080,000 for the Tuloso-Midway ISD project at the intermediary school for the Texas Safe Shelter Initiative with a match Corpus Christi Page 10 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 of 25% to be provided by Tuloso-Midway ISD per Interlocal Agreement; appropriating $1,800,000 and $1,080,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Tuloso-Midway ISD for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Tuloso-Midway ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. An emerency was declared and the foregoing ordinance was passed and approved 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 Enactment No: 029880 18. Setting a Public Hearing for the Fiscal Year 2013-2014 Operating Budget Motion setting a public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Operating Budget for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion was passed and approved 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 Enactment No: M2013-105 19. Federal grant application and Interlocal Agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$162,583 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2013 Local Solicitation. Corpus Christi Page 11 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 The foregoing resolution was passed and approved 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 Enactment No: 029881 20. Federal grant application for funding eligible under the Port Security Grant Program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$66,191 to the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program with City cash match of$22,064 for a total project cost of$88,255. The foregoing resolution was passed and approved 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 Enactment No: 029882 N. PUBLIC HEARINGS: (ITEM 21) 21. Public Hearing and First Reading Ordinance -Rezoning from Commercial and Residential to Light Industrial on Tract 1 and from Residential to Commercial on Tract 2 for Jubalee Properties, Ltd., on property located at 9801 South Padre Island Drive (SH 358), 1130 Baywood Lane, and 1133 Baywood Lane. Case No. 0413-05 Jubalee Properties, Ltd.: A change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change to the Future Land Use Plan from commercial to industrial uses on Tract 1 and not resulting in a change to the Future Land Use Plan on Tract 2. Tract 1 is described as being Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition. The property to be rezoned is located south of South Padre Island Drive (SH 358) on Baywood Lane. Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 - Denial of the change of zoning from the "CG-1" General Corpus Christi Page 12 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit, subject to the nine conditions. Tract 2 - Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury and First National Bank ("Owners"), by changing the UDC Zoning Map in reference to Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General 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.21. Mark Van Vleck, Director of Development Services stated that the request is to rezone from Commercial and Residential to Light Industrial on Tract 1, and from Residential to Commercial on Tract 2 for property located at 9801 S. Padre Island Drive, 1130 Baywood Lane, and 1133 Baywood Lane. He added that the purpose to rezone the property is to allow a manfacturing facility for small fiberglass boats and trailers on Tract 1, and outdoor display/storage of completed boats on Tract 2. Mr.Van Vleck stated that the Planning Commission and Staff are recommending denial of the change and in lieu thereof recommend approval of General Commercial District with a Special Permit subject to nine conditions on Tract 1, and approval of General Commercial District on Tract 2. A motion was made by Council Member Scott,seconded by Council Member Magill to open the public hearing and passed. Marcos Villarreal,expressed concern on the use of the land and asked if the manufacturing of fiberglass boats be conducted on the premises. A motion was made by Council Member McIntyre,seconded by Council Member Scott o close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 O. FIRST READING ORDINANCES: (NONE) Corpus Christi Page 13 Printed on 71212013 City Council Meeting Minutes -Final June 25,2013 P. FUTURE AGENDA ITEMS: (NONE) Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 2:50 pm. Corpus Christi Page 14 Printed on 71212013 a. CABLE COMMUNICATIONS COMMISSION—One (1)vacancy with term to 7-27-16. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. The commission shall select from its membership a chairperson and a vice- chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES Walter DeVille 7-27-15 9-11-12 Leo Estrada 7-27-14 2-12-08 Yolanda R. Perez 7-27-14 2-12-13 *Mary Ann Kelly 7-27-13 2-12-13 Lyle Smitson 7-27-15 9-11-12 Legend: *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mary Ann Kelly 5 5 100% OTHER INDIVIDUALS EXPRESSING INTEREST: James Lang 6817 Fawn Ridge Dr., 78413 Retired. Formerly Revenue Tracking and Forecasting Specialist, Quest Communications. Attended the University of Iowa. (417111) Edward Y. Pettij ohn 4021 Cork Dr., 78413 Retired. Received Associates Degree from Del Mar College. (914112) b. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION — Two (2) vacancies with terms to 7-31-15. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. ORIGINAL MEMBERS TERM APPTD. DATE *****Butch Escobedo 7-31-13 7-24-07 Robert Tamez 7-31-14 7-08-08 *R. Bryan Gulley 7-31-13 7-12-11 Bart Braselton 7-31-14 7-31-12 Debbie Lindsey-Opel 7-31-14 7-31-12 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR R. Bryan Gulley 10 9 90% OTHER INDIVIDUALS EXPRESSING INTEREST: Richard Bell 6625 Pharoah Dr, 78412 Controller, United Energy Logistics. Received a Master of Accountancy degree from Texas A&M University-Corpus Christi. Activities include: Governor's Regional Emerging Technology Fund selection board, Corpus Christi Yacht Club, Corpus Christi Sunrise Rotary Club, Coastal Bend Business Plan Competition Committee, and Founding Director of Coastal Bend Business Innovation Center (2009-2011). (6121112) Jeff Fonseca 1822 Kern, 78412 Owner, Green Tree Lawn Care. (618111) Coretta Graham 5617 Bonner, 78412 Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Gene Guernsey 340 Grant Pl, 78411 President/Broker, Gene Guernsey & Associates, Realtors. Received AA from Del Mar College. Certified Texas Real Estate Broker and Relocation Professional. Former board member of CC Regional Economic Development Corporation, CC Chamber of Commerce, CC Bay Council of Navy League of US. Current activities include: Catholic charities, TAMU-CC President's Council, Forward Corpus Christi, Leadership Corpus Christi XVII, Driscoll Children's Miracle Network, CCYES, and Future of Corpus Christi. (5129112) Gabriel Guerra 5710 Neustadt Dr, 78414 Executive Vice President, Regional Manager, Kleberg First National Bank. Received BBA in Finance from The University of Texas at Austin. Activities include: Westside Business Association, Del Mar Foundation Board Trustee, National Eagle Scout Association, Corpus Christi Regional Economic Development Corporation (Investor), Corpus Christi Chamber of Commerce Executive Board member, Southwest Graduate School of Banking at SMU, Leadership Corpus Christi Class 37 Alumni. (Willing to resign from Planning Commission, if appointed) (6125113) Marilyn Jordan 1845 Caribbean, 78418 Sales Agent, Ferguson, Beene and Evans Commercial Real Estate. Received a BS from University of Arkansas. Commercial Realtor and Rancher. Past board member of American Cancer Society, Heart Ball, Symphony Ball, Arts Council. Activities include: member of Corpus Christi Beach Task Force. (6128112) Beth Kingsbury 7122 Ficus Ct., 78414 Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A&M University- College Station and MBA from Texas A&M University- Corpus Christi. Activities Include: Nueces County A&M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (1/7/11) Evan Paret 6350 Meadowvista, 78414 Planning and Construction Department Student Worker, Texas A&M University-Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A&M University-Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, and Church of the Good Shepherd. (07131112) Marsha Williams 5403 Everhart, 78411 Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (618111) Rod Wolthoff 15918 Palo Seco Dr, 78418 Attorney-Advisor, U.S. Dept. of the Army/CCAD. Received an LLM and 7D in Government Contracting, and an MS in Guidance and Education. Activities include: Leadership Corpus Christi, Class 41, and Corpus Christi Men's Adult Baseball League. (5114113) C. CORPUS CHRISTI CONVENTION & VISITORS BUREAU — Five (5) vacancies with terms to 8-01-15 representing the following categories: 2 — Hotel Industry, 1 — Restaurant Industry, 1 —Attraction Industry, and 1 —At Large. DUTIES: To solicit various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year-round; to promote the City as a year-round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex-officio non-voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex-officio advisory non-voting members. Appointments will be for staggered, two-year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE Mark Schaberg (Restaurant Industry) 8-01-14 8-12-08 *Michael Womack(Attraction Industry) 8-01-13 8-12-08 Tom Schmid (Attraction Industry) 8-01-14 11-11-08 *Daniel Dain(Restaurant Industry) 8-01-13 7-28-09 Ken Griffin(At Large) 8-01-14 4-12-11 *Angie Flores (At Large) 8-01-13 7-19-11 *Rakesh(Rick)Patel(Hotel Industry) 8-01-13 7-19-11 *Kaushik"Sheik"Bhakta(Hotel Industry) 8-01-13 7-19-11 James "Jim"Needham(At Large) 8-01-14 7-31-12 Darcy Jones (At Large) 8-01-14 7-31-12 Toby Hammett Futrell(At Large) 8-01-14 7-31-12 Terry Klinger(RTA representative) Ex-officio,non-voting Patricia Cardenas (Port of CC representative) Ex-officio,non-voting Fred Segundo (C.C. International Airport) Ex-officio,non-voting Mayor Ex-officio,non-voting City Manager Ex-officio,non-voting Butch Pool(Past Chair) Advisory,non-voting Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Corpus Christi Convention & Visitors Bureau recommends the reappointments of Rakesh "Rick"Patel and Kaushik "Sheik"Bhakta (Hotel Industry), Daniel Dain (Restaurant Industry), and Michael Womack (Attraction Industry)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Rakesh"Rick"Patel(Hotel Ind.) 10 6 60% Kaushik"Sheik"Bhakta(Hotel) 10 9 90% Daniel Dain (Restaurant Ind.) 10 6 60% Michael Womack(Attractions) 10 10 100% Angie Flores (At Large) 10 5(5-exc.) 50% OTHER INDIVIDUALS EXPRESSING INTEREST: Micah DeBenedetto 2821 Quebec Dr., 78414 Owner/Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Has photography studio in KSpace Contemporary Art Museum. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (At Large) (2107113) John Garcia 4645 Ocean Dr., 78412 Director of Sales and Marketing, Comfort Suites. Worked in the tourism/hospitality industries for over 15 years. Former CVB Destination Manager — sports and Mexico market. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Hispanic Chamber of Commerce, Hospitality Sales Marketing Assoc., and volunteers with Harbor Lights Festival. (Willing to resign from the Transportation Advisory Committee, if appointed) (Hotel Industry) (At Large) (03111113) Beth Kingsbury 7122 Ficus Ct., 78414 Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A&M University- College Station and MBA from Texas A&M University- Corpus Christi. Activities Include: Nueces County A&M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (At Large) (1/7/11) Monica Rawlings 4918 Elmhurst Ln., 78413 Self-Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A&M University-Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (At Large) (08/27/12) Brian Solarek 14018 Hawksnest Bay Dr., 78418 Global Services & Support Logistics Leader, the Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (At Large) (09125112) Marsha Williams 5403 Everhart, 78411 Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (At Large) (618111) Rod Wolthoff 15918 Palo Seco Dr, 78418 Attorney-Advisor, U.S. Dept. of the Army/CCAD. Received an LLM and JD in Government Contracting, and an MS in Guidance and Education. Activities include: Leadership Corpus Christi, Class 41, and Corpus Christi Men's Adult Baseball League. (At Large) (5114113) d. ETHICS COMMISSION — One (1) vacancy with term to 10-01-13. (Requires 213 vote of the City Council) (Since the term is expiring 10-01-13, Staff is recommending appointment to a new term to 10-01-16) DUTIES: In addition to having jurisdiction of complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. ORIGINAL MEMBERS TERM APPTD. DATE William Strawn 10-01-14 06-09-09 Haysam D. Dawod, Chair 10-01-14 07-20-10 Ken Bung 10-01-13 10-12-10 Harry Hallows 10-01-13 10-12-10 Larry L. White 10-01-14 11-08-11 Karon K. Connelly, Vice-Chair 10-01-15 06-19-12 Arthie Lee Brown 10-01-15 12-18-12 Alicia G. Benavidez 10-01-15 12-18-12 ***Michael Rivera 10-01-13 06-19-12 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST: Jack Gordy 4118 Bray, 78415 Retired Military (E-7, Chief Petty Officer). Attended Del Mar College. (6108111) Coretta Graham 5617 Bonner, 78412 Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Margareta Fratila 3606 Tripoli Dr., 78415 Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Arts Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from the Landmark Commission, if appointed.) (6/27/13) Jessica Scutt 413 Angelo Dr., 78411 Attorney and Managing Member, Scutt Law, PLLC. Holds a Juris Doctor degree from the John Marshall Law School in Chicago, Illinois, also licensed to practice law in states of Texas and Minnesota. Activities include: volunteers with St. Patrick Catholic School. (09124112) Lyndon E. Smiling 221 Clearview Dr., 78418 Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry-Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) Tommy E. Watson, Jr. 660 Cantwell, 78408 Self-Employed Businessman. Attended former Texas A&I University (now TAMUK). Activities include: Rotary West Club-Corpus Christi, Barrows Club, and Northwest Business Association. (6114113) Rod Wolthoff 15918 Palo Seco Dr., 78418 Attorney-Advisor, U.S. Dept. of the Army/CCAD. Received an LLM and 7D in Government Contracting, and an MS in Guidance and Education. Activities include: Leadership Corpus Christi, Class 41, and Corpus Christi Men's Adult Baseball League. (5114113) e. LEADERSHIP COMMITTEE FOR SENIOR SERVICES — One (1) vacancy with term to 2-01-14 representing the category of Community Representative. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 3 - Direct service agencies, and 10- Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to two-year terms. ORIGINAL MEMBERS TERM APPTD. DATE ***Vicki N. Garza (Community) 2-01-14 8-26-08 Adelfa M. Martinez (Community) 2-01-14 2-24-09 Esperanza"Hope" Lopez (Senior Ctr.) 2-01-14 2-23-10 Ida Alvarado Hobbs (Agency) 2-01-14 7-06-10 Billy Ray Sayles (Agency) 2-01-15 7-06-10 Henry Edward Savoy (Community) 2-01-15 2-08-11 Willie R. Hardeman, Sr. (Community) 2-01-15 7-26-11 Breanna Rye (Agency) 2-01-15 2-14-12 Cindi Mutchler(Community) 2-01-14 2-14-12 Kenneth Mutchler (Community) 2-01-14 2-14-12 Lewis Hardeman (Senior Ctr.) 2-01-15 3-19-13 Maria Elena Flores (Community) 2-01-15 3-19-13 Jose Mario Gomez, PhD (Community) 2-01-14 3-19-13 Robert Irwin (Community) 2-01-15 3-19-13 Suzanne Beltz, PhD, RN (Community) 2-01-15 3-19-13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Leadership Committee for Senior Services is recommending the new appointment of Laurel Garza.) INDIVIDUALS EXPRESSING INTEREST: Laurel Garza 5057 Wingfoot Ln., 78413 Sales Representative, Humana Healthcare (Market Point). Attended Del Mar College. Has over thirteen years experience working with senior citizens. (Community rep.) (01/16/13) Tami Longino 425 Haroldson, 78412 Retired. Activities include: volunteers with Girl Scouts of Nueces County in Product Sales. (Community rep) (3/14/13) Monica Rawlings 4918 Elmhurst Ln., 78413 Self-Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A&M University-Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (Community rep.) (08127112) Val Salinas 5410 Hitching Post, 78415 Retired. Former High School Automotive Tech. Instructor. Former Automotive and Truck Repair Service Business Owner. (Community rep.) (3121113) Angela Munselle-Woods 12902 McBurnett, 78410 Self-employed/Home repair company. Former Realtor/business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City, especially assisting Senior Citizens. (Community rep.) (1110113) f PLANNING COMMISSION— Three (3)vacancies with terms to 7-31-16. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the Concurrent Beach/Dune Committee (§10-17). This committee reviews applications for master planned development ordinances from applicants seeking Beachfront Construction, and submit their recommendations to City Council. They also review the location of the Dune Protection Line and Beachfront Construction Line at least once every five years, or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Members elect a chair from among its membership at the first regular meeting in August of each year. ORIGINAL MEMBERS TERM APPTD. DATE *****Govind B. Nadkarni, Chair 7-31-13 7-10-07 Mark Adame 7-31-14 7-08-08 Marco Castillo 7-31-14 7-12-11 Gabriel Guerra 7-31-14 7-12-11 Philip John Ramirez, Vice-Chair 7-31-15 7-17-12 Chris Hamilton 7-31-15 7-17-12 *Fred Braselton 7-31-13 7-17-12 Mike Lippincott 7-31-15 7-17-12 *Curtis A. Rock 7-31-13 1-08-13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Fred Braselton 22 20 91% Curtis A. Rock 12 10 83% OTHER INDIVIDUALS EXPRESSING INTEREST: Gene Clancy 3709 Pembrock, 78414 Design Resource Manager of Construction Engineering, Susser Holdings/Stripes LLC. Attended some college. Activities include: former Zoning Board of Adjustments member. (4112112) Carl E. Crull 8025 Villefranche, 78414 Vice-President, HDR Engineering, Inc. Received a B.S. in Civil Engineering and an MBA. Former Assistant City Manager/Employee for City of Corpus Christi. Activities include: American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), American Council of Engineering Companies (ACEC), Rotary Club, So. Texas Botanical Gardens board member. (6119113) Coretta Graham 5617 Bonner, 78412 Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Lee Hassman 3105 Santa Cruz, 78414 Managing Partner, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (3/19/12) Jason M. McDonel 4213 Warwick, 78411 Head Physical Education Coach, Luther Jones Elementary- CCISD. Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (07117112) Orlando Ortiz, P.E. 7817 Damsel St., 78413 Owner/Orlando Ortiz, Principal Engineer and Windstorm Engineer. Received a B.S. in Civil Engineering from the University of Texas at Austin. Registered Texas Professional Engineer, and Windstorm Certified by Texas Department of Insurance. Activities include: American Society of Civil Engineers, Texas Society of Professional Engineers, Society of Hispanic Professional Engineers, and National Society of Collegiate Scholars. (7102112) Craig B. Thompson, P.E. 823 Furman Ave., 78404 Project Engineer/Vice-President, Naismith Engineering, Inc. Received B.S. in Civil Engineering from Texas A&M University-College Station. Activities include: American Society of Civil Engineers (local branch & Texas section), Furman Avenue Block Association, and former member of the Landmark Commission. (6126112) Eric Villarreal 321 Cole St., 78404 Project Manager, LNV, Inc. Received B.S. in Civil Engineering from Texas A&M University—Corpus Christi, Reg. P.E. licensed in Texas. Activities include: Leadership Corpus Christi XL, American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), Youth Sports Coach— Santa Fe Soccer, Upward Basketball, National Little League. (Willing to resign from the Transportation Advisory Committee, if appointed.) (04/24/12) Theunis A. Voorkamp 7614 Loire Blvd., 78414 Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (3119112) Tommy E. Watson, Jr. 660 Cantwell, 78408 Self-Employed Businessman. Attended former Texas A&I University (now TAMUK). Activities include: Rotary West Club-Corpus Christi, Barrows Club, and Northwest Business Association. (6114113) Marsha Williams 5403 Everhart, 78411 Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (618111) Rod Wolthoff 15918 Palo Seco Dr., 78418 Attorney-Advisor, U.S. Dept. of the Army/CCAD. Received an LLM and JD in Government Contracting, and an MS in Guidance and Education. Activities include: Leadership Corpus Christi, Class 41, and Corpus Christi Men's Adult Baseball League. (5114113) g. REGIONAL HEALTH AWARENESS BOARD — One (1) vacancy with term to 1-01-14 representing the category of City Representative. (Since the term is expiring 1-01-14, Staff is recommending appointment to a new term to 1-01-17) DUTIES: To connect public, government and industry on issues regarding health, safety, and the government. COMPOSITION: The Regional Health Awareness Board is made up of thirteen (13) voting members representing a cross-section of health, environmental, and social interest. Two (2) of these community members will be appointed by the City Council, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County for three-year terms. At-large members are appointed to three-year terms as follows: 1-City of Corpus Christi, 1 —Nueces County, 1 — San Patricio County, 2 —Port Industries of Corpus Christi, 1 — Texas A& M—Corpus Christi, and 1 — Texas A & M — Kingsville. Additionally, there are four (4) ex-officio/non-voting representatives, one (1) from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County/City of Corpus Christi Public Health District and San Patricio County Department of Public Health. ORIGINAL MEMBERS TERM APPTD. DATE Dr. James Mobley (San Patricio—Comm. Rep.), Chair 01-01-15 10-01-05 Tom Ballou (Port Industries) 01-01-16 10-01-03 Oscar Martinez (City Representative) 01-01-14 08-23-11 Ambar Qureshi (City—Community. Rep.) 10-01-14 12-11-12 Donna Huddleston (City—Community Rep.) 10-01-15 12-11-12 Ronald K. Barnard (Nueces County— Community Rep) 10-01-13 06-01-09 Alonso Molina(San Patricio—Community Rep.) 10-01-15 10-01-03 Vacant(County— Community Rep.) 10-01-12 Dr. Wesley Stafford (Nueces County Representative) 01-01-14 02-02-11 Dennis Roberts (San Patricio Representative) 10-01-15 10-01-05 Deborah Preshler(Port Industries) 01-01-14 01-01-13 Dr. Mary Jane Hamilton (TAMU—Corpus Christi) 01-01-15 10-01-05 Dr. Alvaro Martinez (TAMU—Kingsville) 01-01-15 05-01-09 Annette Rodriguez (Nueces County Health Admin) Ex-officio Delores Bacon (San Patrico Administrator) Ex-officio Shirley Quinones (Environmental Protection Region 6) Ex-officio Susan Clewis (TX Comm. on Environmental Quality) Ex-officio (City Manager Ron Olson is recommending the appointment of Assistant City Manager Susan Thorpe to replace Assistant City Manager Oscar Martinez as the City Representative.) t S U� p AGENDA MEMORANDUM �pia Public Hearing and First Reading for the City Council Meeting of June 25, 2013 2852 Second Reading for the City Council Meeting of July 9, 2013 DATE: May 23, 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 and Residential to Light Industrial on Tract 1 And from Residential to Commercial on Tract 2 For Jubalee Properties, Ltd. Property Addresses: 9801 South Padre Island Drive, 1130 Baywood Lane, and 1133 Baywood Lane. CAPTION: Case No. 0413-05 Jubalee Properties, Ltd.: A change of zoning from the "CG-1" General Commercial and the "RS-6" Single-Family 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change to the Future Land Use Plan from commercial to industrial on Tract 1 and not resulting in a change to the Future Land Use Plan on Tract 2. Tract 1 is described as Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition, located south of South Padre Island Drive (SH 358) on Baywood Lane. PURPOSE: The purpose of this item is to rezone the property to allow a manufacturing facility for small fiberglass boats and trailers on Tract 1 and outdoor display/storage of completed boats on Tract 2. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 — Denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit, subject to the following nine conditions: 1. Use: A facility for the manufacturing of fiberglass boats that weigh less than five tons and the assembly of boat trailers are the only uses allowed on the Property other than those uses allowed by right in the "CG-1" General Commercial District. All stages of the manufacturing process and boat trailer assembly must occur indoors to reduce the potential impact of dust, noise, and odors on surrounding properties. 2. Structure: Expansion of the existing structures or construction of new structures for the uses authorized by Condition 1 shall maintain a 30-foot wide setback from the adjacent "RS-6" Single-Family 6 District to the south. Except for man-doors, openings in structures are prohibited from facing residential areas. 3. Noise: The use of machinery or equipment that produces offensive noise incompliant with City Code of Ordinances Chapter 31 on the Property is prohibited. 4. Screening: A six-foot tall solid masonry wall must be constructed, maintained, and remain in place around the perimeter of the facility. Screening is not required around the parking area located along South Padre Island Drive (SH 358) or around the outdoor retail display of finished boats. 5. Landscaping: 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 required 10-foot wide buffer yards and on the interior of the screening wall along the side and rear property lines adjacent to the single-family residences. 6. Outside Storage: Outside storage of materials and equipment is allowed on the Property as long as it is screened from view of the right-of-way and neighboring properties by means of a six-foot tall solid masonry wall. 7. Hours of Operation: The hours of operation for the manufacturing of fiberglass boats that weigh less than five tons and assembly of boat trailers shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. 8. Air Quality: The Owner must comply with all applicable state and local air quality regulations. 9. 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. Tract 2—Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow a manufacturing facility for small fiberglass boats and assembly of boat trailers on Tract 1 and outdoor display/storage of completed boats on Tract 2. Although this rezoning on Tract 1 is not consistent with the adopted Future Land Use Plan, it is a reasonable reuse of the existing structure and would not significantly impact the adjacent residential and commercial uses if conditions were imposed through a Special Permit to reduce negative impacts. Staff recommends denial of the "CG-1/SP" General Commercial District with a Special Permit on Tract 1. The applicant is in agreement with the proposed Special Permit. Boat sales and storage is a common land use in the Flour Bluff area and is permitted in the "CG-1" General Commercial District. A buffer yard in accordance with the UDC would be required on Tract 2 to protect the adjacent single-family 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 subject property is within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses on both Tract 1 and 2. The proposed change of zoning to the "IL" Light Industrial District on Tract 1 is inconsistent with the Future Land Use Plan. A Special Permit on Tract 1 would impose conditions to make the proposed use more consistent with the Plan. The proposed change of zoning to the "CG-1" General Commercial District on Tract 2 is consistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 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 Exhibit F n � �� j 4 e � TIA XN 41 AF sr s Wy f, µ � y �. � v r 65 j J�{f /i Aff Ak iiigi fir f � •� t f s G-4) t ' d ii ZONING REPORT Case No. 0413-05 HTE No. 13-10000012 Planning Commission Hearing Date: May 22, 2013 (Tabled from April 24th) Applicant: Jubalee Properties, Ltd. Owners: Mostafa Bighamian, Morteza Shafinury, and First National Bank c _ o Legal Description: C•a Tract 1 being Lots 1 through 5, Block 2, Baywood Addition, and 'Q_j 0 Tract 2 being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood c otf Addition Location: Located south of South Padre Island Drive (SH 358) on Baywood Lane. Tract 1 From: "CG-1" General Commercial District and "RS-6" Single-Family 6 District To: "IL" Light Industrial District n Area: 1.11 acres Q n Cr Q Tract 2 From: "RS-6" Single-Family 6 District c To: "CG-1" General Commercial District 'c Area. 0.23 acres 0 N Purpose of Request: To allow a manufacturing facility for small fiberglass boats on Tract 1 and outdoor display/storage of completed boats on Tract 2. TRACT 1 Existing Existing Future Zoning District Land Use Land Use "CG-1" General Vacant Light Industrial Site Commercial & & Church Commercial "RS-6" Single-Family 6 "CG-1" General •o ? North Commercial Commercial Commercial N Low Density J South "RS-6" Single-Family 6 Residential Commercial • "CG-1" General Medium & Low w East Commercial & Density Residential & Commercial "RS-6" Single-Family 6 Vacant "CG-1" General West Commercial & Commercial & Vacant Commercial "RS-6" Single-Family 6 Case#0413-05 Jubalee Properties Page 2 TRACT 2 Existing Existing Future c Zoning District Land Use Land Use c>s y Site "RS-6" Single-Family 6 Vacant Commercial c � c North "CG-1" General Commercial Church Commercial Low-Density c J South "RS-6" Single-Family 6 Residential Commercial y "CG-1" General Commercial W East & Vacant Light Commercial "RS-6" Single-Family 6 Industrial & Church West "CG-1" General Commercial Commercial Commercial Area Development Plan: The subject property is within the boundaries of the Flour Bluff Area Development Plan (ADP) and is planned for commercial uses cL c on both Tract 1 and 2. The proposed change of zoning to the "IL" Light Industrial District on Tract 1 is inconsistent with the Future Land Use Plan. a c The proposed change of zoning to the "CG-1" General Commercial District on aTract 2 is consistent with the Future Land Use Plan. Map No.: 036032 Zoning Violations: None c Transportation and Circulation: Tract 1 has 135 feet of frontage on South CL.o Padre Island Drive (SH 358), which is designated as an "F1" Freeway/Expressway, and 360 feet of frontage on Baywood Lane. Tract 2 has 75 feet of frontage on Baywood Lane. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O South Padre 400' ROW 250' ROW 3,851 ADT � "F1" Freeway W Island Drive Varies Varies (2009) Q Cn L Baywood Lane Local Street 50' ROW 60' ROW N/A 28' Paved 28' Paved Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District on 1.11 acres to allow a facility that manufactures small fiberglass boats. Staff determined that the manufacturing of small watercraft under five tons Case#0413-05 Jubalee Properties Page 3 requires "IL" Light Industrial zoning. On Tract 2, the applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on 0.23 acres to allow for outdoor display/storage of completed boats. The City's Unified Development Code (UDC) allows the retail sale and display of boats in the "CG-1" General Commercial District. Applicant's Development Plan: The applicant plans to purchase and redevelop the existing structures on Tract 1 for a fiberglass boat manufacturing and trailer assembly facility. Tract 1 contains an existing 9,200-square foot building previously occupied by Casa Materials, which supplied building materials to contractors. A church also occupied a part of the existing building. The applicant plans to open up the interior space of the existing building and eventually add on approximately 5,800 square feet to the building. Tract 2 is vacant land where the applicant plans to store finished boats and trailers. The boat manufacturing process takes place in three stages with all activity occurring indoors. The first part of the fabrication process involves constructing the boats' wooden framework and applying the fiberglass exterior by hand. This stage will take place in a 1,400-square foot area. The second stage of the process involves fitting and assembly of parts in a 2,800-square foot area. The third part of the process involves rigging and preparation of the final product in an 800-square foot area. The facility will also have a sales office of approximately 1,800 square feet. The facility will employ 10 people. The hours of operation will be from Monday through Saturday, 7:00 A.M. to 7:00 P.M. The property has two commercial driveways on South Padre Island Drive (SH 358) and two points of access, which do not appear to be properly constructed driveways, on Baywood Lane. For redevelopment of the two tracts, a 10- foot wide landscape buffer yard that achieves 15 buffer points is required between the "IL" Light Industrial District on Tract 1 and the abutting single-family district. A five-foot wide landscape buffer yard that achieves 10 buffer points is required between the "CG- 1" General Commercial District and single-family district on Tract 2. Existing Land Uses & Zoning: Tract I. Currently, the subject property is occupied by a vacant building that was the former site of a building materials wholesale facility and a church. To the north of the subject property is the South Padre Island Drive (SH 358) right-of-way. West of the subject property across Baywood Lane is a retail center and church zoned "CG-1" General Commercial District and a single-family residence zoned "RS-6" Single-Family 6 District. East of the subject property is a multifamily use in a "CG-1/SP" General Commercial District with a Special Permit, vacant land zoned "RS-6" Single-Family 6 District, and a single-family residence zoned "RS-6" Single-Family 6 District. To the south of the subject property are residential uses in a "RS-6" Single-Family 6 District. Tract 2. The subject property is vacant and zoned "RS-6" Single-Family 6 District. North of the subject property is a retail center and church zoned "CG-1" General Commercial District. West of the subject property is a self-storage facility zoned "CG-1" General Case#0413-05 Jubalee Properties Page 4 Commercial District. East across Baywood Lane is Tract 1 with the existing commercial structure and church. South of the subject property is a single-family residence zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is located in a Navy Air Installation Compatibility Use Zone (AICUZ). The property falls within an Accident Potential Zone-2 (APZ- 2). According to the AICUZ Study for Naval Air Station Corpus Christi, the proposed land use and related structures for manufacturing of fiberglass boats is compatible in the APZ-2 without restrictions. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning to the "IL" Light Industrial District on Tract 1 is not consistent with the adopted Future Land Use Plan, which designates the property for future commercial uses. The proposed rezoning to the "CG-1" General Commercial District on Tract 2 is consistent with the Future Land Use Plan, which designates Tract 2 for commercial uses. The Flour Bluff Area Development Plan states that low intensity activities should be located next to single-family uses. Intensive commercial or light industrial uses are not appropriate next to single-family uses. A Special Permit on Tract 1 would impose conditions to make the proposed use more consistent with the Plan. Plat Status: The property is currently platted as multiple lots. Department Comments: • Although this rezoning is not consistent with the adopted Future Land Use Plan, it is a reasonable reuse of the existing structure and would not significantly impact the adjacent residential and commercial uses if conditions were imposed through a Special Permit to reduce negative impacts. • In comparison to the Limited Vehicle Service use, which is allowed in the "CG-1" General Commercial District, this fiberglass boat manufacturing facility where much of the manufacturing process is done by hand is not anticipated to cause significant nuisances to the surrounding properties. • Much of the single-family residential uses to the south are planned for future commercial uses. If those residential properties are converted to commercial properties in the future, the proposed manufacturing facility would no longer impact a residential neighborhood. • The rezoning of Tract 2 to a commercial use is consistent with the Comprehensive Plan. Boat sales and storage is a common land use in the Flour Bluff area and is permitted in the "CG-1" General Commercial District. A buffer yard in accordance with the UDC would be required on Tract 2 to protect the adjacent single-family use. Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 — Denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit subject to the following nine conditions: Case#0413-05 Jubalee Properties Page 5 1. Use: A facility for the manufacturing of fiberglass boats that weigh less than five tons and the assembly of boat trailers are the only uses allowed on the Property other than those uses allowed by right in the "CG-1" General Commercial District. All stages of the manufacturing process and boat trailer assembly must occur indoors to reduce the potential impact of dust, noise, and odors on surrounding properties. 2. Structure: Expansion of the existing structures or construction of new structures for the uses authorized by Condition 1 shall maintain a 30-foot wide setback from the adjacent "RS-6" Single-Family 6 District to the south. Except for man-doors, openings in structures are prohibited from facing residential areas. 3. Noise: The use of machinery or equipment that produces offensive noise incompliant with City Code of Ordinances Chapter 31 on the Property is prohibited. 4. Screening: A six-foot tall solid masonry wall must be constructed, maintained, and remain in place around the perimeter of the facility. Screening is not required around the parking area located along South Padre Island Drive (SH 358) or around the outdoor retail display of finished boats. 5. Landscaping: 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 required 10-foot wide buffer yards and on the interior of the screening wall along the side and rear property lines adjacent to the single-family residences. 6. Outside Storage: Outside storage of materials and equipment is allowed on the Property as long as it is screened from view of the right-of-way and neighboring properties by means of a six-foot tall solid masonry wall. 7. Hours of Operation: The hours of operation for the manufacturing of fiberglass boats that weigh less than five tons and assembly of boat trailers shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. 8. Air Quality: The Owner must comply with all applicable state and local air quality regulations. 9. 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. Tract 2—Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Case#0413-05 Jubalee Properties Page 6 Number of Notices Mailed — 29 within 200' notification area; 2 outside notification area 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 1.73% in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Conceptual Facility Layout C. Notice Returned in Opposition r w 9-p yF Owl At PRO a l SUBJECT I IE fi RM Is G#, ,. " 1 t � sg { Ail vk7 47 id` dok' w * rlP CASE.- a = 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RBI MulutarmMy 1 EL UUM Industrial SUBJECT R 3 Muftlimnivy+3 PUD, PIannad Unit ova.oveglay CF n� F o �1lauFhr =axrtamF��l'�I .9 nql@-'F4mlPj 4.5 a Cpl-2 Nolghbothoovi Calwtmorclall Too-FiamPly CR,I Rt tlCo mon:Ian sirigit-Eaflly15 CR-2 Reswi Cmunwat:tatrW RE Watlilkhtkal Es tam CO-1 C,*mara3 Caammaai;W RS-TM T +mhsrusa e el Gem Fm coffifnetulad sp 5"C lal Piaarieq 'e hnicn0re comamemial Rv Recreational Vehicle Pte; � CaDr Darraitto^arn Core,eneFC ad RMH IMMUNe:p ad ROM41 2W P IMP Fam Rural OF Bu0nefts SwFP f° *+r Jar 74" r Citof . r j! Corpus t�'TwP L0L-A MA s., ° C nos QeeEiaan EXHIBIT A > ..x.. '�.✓" ,"^. ':.'k' �F b' �(v�iDt P`�"S�YY� r?4 �k £ is r Sam'SY�n �%t� �. r .l�5�y'1 c2 t'`�' �FP1 5 r n r t k �1 t ` T7 N � E. kt t !y k 7 I �f FiBERGLASS'NQRK:.AREA POSStB'LE NEW CONSTRUCTION REMOVE EXISTING INALLS TO HOUSE INVENTORY AND TRAILER MANUFACTURING BOAT AND TRAILER STORAGE. FI-MNG AND JUB LEE PROPERTIES LTA A BLY SECURITYAND 980 q S I D PERSONNEL HOUSING 7 RIGGING OFFICES POSSIBLE RETAtL E EXHIBIT B rPer-',sit.1—ns with disabilities planni )`o attend this meeting,who may requir ,ecial services,are requested to act.the Department of Development Services at least 48 hours in advance at (361) 526-3240. Personas �' a acidades ue tienen la intenci6n de asistir a esta Junta y Que re uieren servicios eslReciales,se les suldca Que den aviso 48 horas antes de la junta llamando al de artamento de servicios de desarrollo al mero 361 826-3240. Si usted desea asistir a esta junta y dirigirse a la comisi6n y su ingles es limita ari presei to para ayudarle a interpretar. Para mas informacion, favor de Ilamar al de � eAta--d 7s i i i P desarrollo al numero (361) 826-3240. j L i � � Z013 PUBLIC PLANNING COMMISSION ar PUBLIC HEARING NOTICE 0EVF1-0PME1%T SERVICE'- SP (,!N- SERVICES Case No. 0413-05 �--=-- Jubalee Properties, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Farnilv 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change Co the Future Land Use Plac from commercial to industrial on Tract 1 and not resulting in a change to the Future Use Plan on Tract 2 on the property described below: Tract 1 being Lots 1 through 5,Block 2, Baywood Addition,and Tract 2 being Lot 4 and the north half of Lot 5, Block 1, Baywood Addition, located south of South Padre Island Drive(SH 358) on Baywood Lane. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will hold a public hearing on Wednesday, April 24, 2013 at 5:30 p.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street, to discuss and formulate a recommendation to City Council. You are invited to attend this public hearing to express your views on this zoning change request. For further information, please call (361)826-3240. TO BE ON RECORD, THIS FORM MAY BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER AND MAILED IN ITS ENTIRETY TO THE DEPARTMENT OF DEVELOPMENT SERVICES, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in erson by telephone call or by letter. NAME: HZ)AJ s 6 ,41V i'�, V12 w►vr�.q Please Vint ADDRESS: �rgy k,Dal cpoovs c6 is/, TELEPTONE NO. ( } IN FAVOR (e IN OPPOSITION - 11 REASONS: - " 4 `�-f In( 4- , d� vpX-,O , Signature (� SEE MAP ON REVERSE SIDE d� Case No. 0413-05 Placed with US Postal Service on April 12,2013 HTE: 13-10000012 Property Owner ID:9 Project Manager:Annika Gunning Exhibit C -�Fq o�P�S Ordinance amending the Unified Development Code ("UDC") upon application by Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury and First National Bank ("Owners"), by changing the UDC Zoning Map in reference to Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from the "CG-1" General Commercial District and the "RS-6" Single- Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General 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 final report and recommendation regarding the application of Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury, and First National Bank ("Owners") 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, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, June 25, 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 Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury, and First National Bank ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), located south of South Padre Island Drive (SH 358) on Baywood Lane, from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2 (Zoning Map No. 036032), as shown in Exhibit "A." Exhibit A, which is a location map of Tract 1 and Tract 2, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. That the Special Permit granted on Tract 1 in Section 1 of this ordinance is subject to the following nine conditions: 1. Use: A facility for the manufacturing of fiberglass boats that weigh less than five tons and the assembly of boat trailers are the only uses allowed on Tract 1 other than those uses allowed by right in the "CG-1" General Commercial District. All stages of the manufacturing process and boat trailer assembly must occur indoors to reduce the potential impact of dust, noise, and odors on surrounding properties. 2. Structure: Expansion of the existing structures or construction of new structures for the uses authorized by Condition 1 shall maintain a 30-foot wide setback from the adjacent "RS-6" Single-Family 6 District to the south. Except for man-doors, openings in structures are prohibited from facing residential areas. 3. Noise: The use of machinery or equipment that produces offensive noise incompliant with City Code of Ordinances Chapter 31 on the Tract 1 is prohibited. 4. Screening: A six-foot tall solid masonry wall must be constructed, maintained, and remain in place around the perimeter of the facility. Screening is not required around the parking area located along South Padre Island Drive (SH 358) or around the outdoor retail display of finished boats. 5. Landscaping: 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 required 10- foot wide buffer yards and on the interior of the screening wall along the side and rear property lines adjacent to the single-family residences. 6. Outside Storage: Outside storage of materials and equipment is allowed on Tract 1 as long as it is screened from view of the right-of-way and neighboring properties by means of a six-foot tall solid masonry wall. 7. Hours of Operation: The hours of operation for the manufacturing of fiberglass boats that weigh less than five tons and assembly of boat trailers shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. 8. Air Quality: The Owner must comply with all applicable state and local air quality regulations. 9. 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. Jubalee Properties, Ltd. Ordinance v06012013 Page 2 of 3 SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of Tract 1 (Lots 1 through 5, Block 2, Baywood Addition) and Tract 2 (Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood 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. 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Jubalee Properties, Ltd. Ordinance v06012013 Page 3 of 3 a M f r 3 � h h h N qq QF• NV b 5 O4 y Tp OR M � N TO is h y �S8 SUBJECT PROPERTY (TRACT 2) b ^ M b SUB ECT . b A z (TRAC,T�1) M N CD a Q O M M M M 5 ry M o ~ CD " N Q 7 M Q7P N M � b N ry M M ~ 6 M ~ M b h M M � M n M M � M M O " w M M � N M m M 5 ST N Date;created., 111013 0 ry 400 800 r Prepared By.iler�emym M ° ry Feet Department of Development Vervices CASE: 0413-05 1. SUBJECT PROPERTY may°° Oy.° iygS, ® Subject SUBJECT Property PROPERTY y0<<.y RO O� v \J� p �O+ Cayo Del Os° F ,qT Rico --,1- N I� q Nn` R�ee City of EXHIBIT A gCATION MAP cn�� � 0 AGENDA MEMORANDUM Public Hearing for the City Council Meeting of July 9, 2013 852 DATE: July 1, 2013 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of the Office of Management and Budget Eddie Ho @cctexas.com (361) 826-3792 Public Hearing on Fiscal Year 2013 -2014 Operating Budget CAPTION: Public hearing for the City of Corpus Christi Fiscal Year 2013-2014 Operating Budget for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. BACKGROUND AND FINDINGS: City Charter required City Council to review and act of the Operating Budget on a yearly basis. ALTERNATIVES: None. This public hearing and approval of budget is required by City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion. 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F L6 4U fr 1 j' 4mRJ cq Y. /Y t , (ly. 4 r4 LO 4MRJ b-C fr,� / r r�bic cn FMMO 4.0 / Q p 4a Y l f T r r rrrr / �% ✓ II� i i-'f' CA j / /✓ /j/� I t rf s'✓ ii Ij // PRIMP D Nil UNION, r cq r✓/ jJ / + co mill Ct'$ Eno bio rfr mom / I j 501,01"' ll Ir r- 'ct �gggggvg, 4-j 0 4 r* P 1 Lo Z Via / r //✓/ /�l�///r I�/ / ✓ 6 f / / ,i✓/jr//i / S cq SI / 4-J cd 4-J or.-I r---q r-.4 tt m f r /l S r✓r i j i� � , I ✓ fy / �I/// / f-1 ct Ag T / ✓ // Lo bjD ct cn J r / / r fry /l l�/✓, /// � � �� „ :Ct ENO Nm �! or < • a cd ct 0 cn r . "11;. .. cq co ce) cqlr, r,/✓ //: i�� 1"r r r/ r �/✓j/ 0 AGENDA MEMORANDUM Public Hearing for the City Council Meeting of July 9, 2013 852 DATE: July 1, 2013 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of the Office of Management and Budget Eddie Ho @cctexas.com (361) 826-3792 Public Hearing on FY 2013 -2014 Proposed Capital Budget & Capital Improvement Planning Guide CAPTION: Public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Capital Budget & Capital Improvement Planning Guide for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. BACKGROUND AND FINDINGS: City Charter required City Council to review and act of the Capital Budget and Capital Improvement Planning Guide on a yearly basis. ALTERNATIVES: None. This public hearing and approval of budget is required by City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation >. E b r e� 8 �/� it f✓�f t LLIU CU- 1i Fri% F � r �lr �a — r�� �► ; r 0� s f f t �g 1" ;fr P�rtr� ?rF rf { w 1 z i FF % �F I� tr sl1 F FF sjf//r"ci P% rCu frL'IF ? 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N N o o r Cj' to V G ii5 N N Y/ °O M Cl) ,V N � 0 0 0 N LO a— O _ N •� ______ _o.t;.____"_ ______oo co [P 0 n` G5 N N ui y O R R ' N � R dIl' N 4i N N � N d fi�F R R d Q O is rn U v o tJ' U o U 0 +o' w R C Q V" m N O N N N O O O O O O O O O O O O O M N O O O N O M O O N N O 9 9 9 O O O O O O O O O O O _ N U 0 T O o N N M M M M M M M M M M M N M M N M v v N v /NN}[ N 1e O N M M v v v v v M v v v v M v v v N m 16 6 6 V O N N 6 h co co co co co 6 h h h h T li N 6 co h 6 T N V `✓� N N V N N m I tD h h h N N N N tD T M N I h h O ____________________________________________________________________________________________________________________________________ W Q K W }Q � z U 2E 2 O E E E E E E E E E E E E E E E E E E E E E E E Z a N E E d a U v C L o U 1 E d z - E m m o rc u 3 a a � F U U W W O_ O N Z O C) r � r 4-J -r�-� O • bC)10 4-J cn •r-.4 r-.4 y-4 4-, F-' p c� a MEMO= •O 4-, •r--I •r--I C/ 4-J 7 O O p � uj O b�o a U a wo �S w P-� a aA �i 'l::� U C) ct N O co co co p p O N N N N M t S U� p AGENDA MEMORANDUM �pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 2852 Second Reading for the City Council Meeting of July 16, 2013 DATE: May 15, 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 Industrial for Avalon Corpus Christi Transitional Center, LLC Property Address: 1515 North Tancahua Street CAPTION: Case No. 0413-03 Avalon Corpus Christi Transitional Center, LLC: A change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property is described as being a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. PURPOSE: The purpose of this item is to rezone the property to allow a light industrial use. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions: 1. USE: The only use allowed on the property other than a use allowed by right in the "CG-2" General Commercial District is a social service use. 2. 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 "CG-2" General Commercial and "IH" Heavy Industrial Districts in order to allow the expansion of the existing nonconforming facility. The subject property was rezoned in 1998 to the "CG-2" General Commercial District (formerly "B-4" General Business District) to allow Reality Ranch, which is a post-incarceration and rehabilitation facility. This type of use is classified as a "social service" use. When the UDC was adopted, social service uses were no longer allowed in the "CG-2" District. The use is considered nonconforming and expansion of nonconforming uses is prohibited. Therefore, the applicant is requesting a rezoning in order to expand the facility. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for a commercial use. An industrial zoning district would allow incompatible uses on the property should the facility no longer be in operation. Staff recommends approval of a Special Permit that would retain the commercial zoning district. The applicant is in agreement with the conditions listed in the proposed Special Permit. 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 rezoning is not consistent with the 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 Project to Date Fiscal Year: 2012- Expenditures 2013 (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 g+ as.r P1,11 IN AW �r "JO QZ � ld, 5k ci• eT J � l e s �r 4 a ,fir 4YO ' d Ff N J ZONING REPORT Case No.: 0413-03 HTE No. 13-10000013 Planning Commission Hearing Date: May 22, 2013 Applicant: Avalon Corpus Christi Transitional Center, LLC Representative: David Conoly c Owners: Darla-I, Ltd. and Myrtleson, Ltd. m a Legal Description/Location: Being a tract of land comprised of Lots 1 - 6, •Q Q 'r- Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald c Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, o Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. From: "CG-2" General Commercial District and "IH" Heavy Industrial District To: "IL" Light Industrial District c Q Area. 1.25 acres .o a Purpose of Request: To bring the property into conformance with the Unified N Development Code (UDC) and subsequently expand the Reality Ranch Transitional Facility. Existing Zoning District Existing Land Use Future Land Use "CG-2" General Site Commercial & "IH" Medium Density Commercial c Heavy Industrial Residential c M North "IH" Heavy Industrial Light Industrial Commercial N -0 r_ South "IH" Heavy Industrial Commercial Commercial Light Industrial & n East "IH" Heavy Industrial Vacant Commercial w West "IH" Heavy Industrial Public Semi-Public Commercial Area Development Plan: The subject property is located in the South Central cL c Area Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "IL" Light Industrial District is not consistent a c with the Future Land Use Plan. a Map No.: 045045 & 045046 Zoning Violations: None Zoning Report Case#0413-03 Avalon Page 2 c Transportation and Circulation: The subject property has approximately 300 feet of frontage along North Tancahua Street, which is a "Cl" Minor c Residential Collector street, and approximately 150 feet of frontage along CL Resaca Street, which is a Local Residential street. The development is using c>s part of the future Fitzgerald Street right of way. No right of way dedication will be required with the replat of this property. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type d N. Tancahua "Cl" Minor 60' ROW 95' ROW Not St. Residential Collector 40' paved 40' paved Available Q Cn L Resaca St. Local Residential 50' ROW 20' ROW Not 28' paved 28' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG-2" General Commercial and "IH" Heavy Industrial Districts in order to allow expansion of the existing nonconforming facility. The subject property was rezoned in 1998 to the "CG-2" General Commercial District (formerly "B-4" General Business District) to allow Reality Ranch, which is a post-incarceration and rehabilitation facility. This type of use is classified as a "social service" use. When the UDC was adopted, social service uses were no longer allowed in the "CG-2" District. The use is considered nonconforming and expansion of nonconforming uses is prohibited. Therefore, the applicant is requesting a rezoning in order to expand the facility. Proposed Use & Development Plan: Avalon Corpus Christi Transitional Center will operate the Reality Ranch facility and will lease not purchase the subject property. Reality Ranch has been in operation at this location since its rezoning was initially approved in 1998. Reality Ranch is a licensed residential substance abuse treatment facility under contract to the Texas Department of Criminal Justice (TDCJ) and licensed by the Texas Department of State Health Services. Residents are all referred by TDCJ. Reality Ranch provides residential care to adult men transitioning from incarceration back into society and who have a history of chronic drug and/or alcohol abuse. Residents are not permitted to freely come and go. Persons leaving the facility must have an approved itinerary. The applicant plan to add four modular buildings to the property. Of the four buildings proposed, a 1,200-square-foot building and 2,136-square-foot building will house residents; a 1,540-square-foot building will be used for office space; and a 160-square- foot building is for a security check in/out point. Zoning Report Case#0413-03 Avalon Page 3 Existing Land Uses & Zoning: North of the subject property is land owned by the Port of Corpus Christi zoned "IH" Heavy Industrial District. South of the subject property is the Concrete Street Amphitheater zoned "IH" Heavy Industrial District. West of the subject property is the City Broadway Wastewater Treatment Plant zoned "IH" Heavy Industrial District. East of the subject property is a parking lot zoned "IH" Heavy Industrial 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 subject property is located within the boundaries of the South Central ADP and the proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan, which slates the property and other properties in the immediate vicinity for commercial uses. Plat Status: The existing facility is located on property that consists of multiple platted lots. In order to add additional buildings that would cross lot lines, the property would need to be replatted into one lot. Department Comments: • The continued existence and expansion of the Reality Ranch facility is compatible with current industrial zoning patterns in the area and will not have any negative impacts on the existing surrounding properties. • The Future Land Use Plan calls for future commercial uses on the subject property and surrounding properties. Approving a rezoning to the "IL" Light Industrial District would not be consistent with the Future Land Use Plan. Granting a Special Permit with the "CG-2" General Commercial District remaining as the underlying district would allow the expansion of the existing facility while retaining the commercial zoning designation. A Special Permit would prevent other light industrial uses from occupying the property should the existing facility discontinue its operations at this location. Preventing future industrial uses on this property would be consistent with the plan for this area. • The UDC allows a social service use in the "CG-1" General Commercial District only by means of a Special Permit. Compared to the "CG-2" General Commercial District, the "CG-1" District prohibits residential uses. The landowner wants to retain the option to develop the property with residential uses and chose to apply for the "IL" Light Industrial District with the knowledge that staff would recommend denial of the "IL" District and instead approval of the "CG-2/SP" General Commercial District with a Special Permit. • The South Central Area Development Plan states that conversion of industrial uses between the City Broadway Wastewater Treatment Plant and U.S. Highway 181 should be encouraged to make this area more visitor-oriented. Retaining the "CG-2" General Commercial District would be consistent with the plan for this area. Zoning Report Case#0413-03 Avalon Page 2 Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to the following conditions: 1. USE: The only use allowed on the property other than a use allowed by right in the "CG-2" General Commercial District is a social service use. 2. 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 — 7 within 200' notification area; 2 outside notification area 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 0.61% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan ST HUGHES �C HC m Hu�HES,. ST ss 8 7 � v C A ST SUBJECT PROPERTY RE _SAGA G 5 n R F TZG 4 d 6 �y b "4 h Z M 3 v 0 43 z 0 1 � _ � D h M � b Date C eated.,&,812013 0 400 800 Prepared By:jeremym Feet Department of Development Services a ry CASE: 0413-03 F' y 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 IL Light Industrial / RM-2 Multifamily 2 IH Heavy Industrial sy�q U RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay - -------- / ON Professional Office RS-10 Single-Family 10 % CHANNEL ! SUBJECT RM-AT Multifamily AT RS-6 Single-Family 6 — - CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 /� / , PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family j CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse �1 CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park LEOPARD CB I Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay N BP Business Park ONES Ei t ti Subject Property O Owners p City Of with 200'buffer in favor S a MORGAN Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition m y m RESXA S7 { I N. w� CO % C7 4 LL m u CO 1 � 4 N j I { Q Q 20' 0°' - � ONIT4R j ta7 _ Icn z ,rte, ti? v r r v c`�"• c'� z ' r� j���Iv � G7 / v v 1 55- lr ,, z I ,. r 1 a � CD OLD STE BOUN ARY LLD SITE BOUNDARY"' .� y F Cn I c co N, 789 I Ir ; II r I O (no �w o C T 3 �_O O 7J REALITY RANCH __, Ordinance amending the Unified Development Code ("UDC") upon application by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the UDC Zoning Map from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial 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 Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd. and Myrtleson, Ltd. 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, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, July 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 Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd. and Myrtleson, Ltd. (both parties collectively referred to as the "Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion (the "Property"), located on the southwest corner of North Tancahua Street and Resaca Street, from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions (Zoning Map Nos. 045045 & 045046)7 as shown in Exhibit "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 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 following two conditions: 1. USE: The only use allowed, other than those uses allowed by right in the "CG-2" General Commercial District, is a social service use. 2. 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 (a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion) 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. 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0413-03 Avalon Corpus Christi Transitional Center\Council docs\0413-03 Ordinance,Avalon SP.docx Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr(q aol.com e-mail: nixmw(cbaol.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 April 26, 2013 Field Note Description Proposed Rezoning Being a tract situated in Corpus Christi, Nueces County,Texas, comprised of Lots 1—6, Block 58, Beach Portion of the City of Corpus Christi as shown on the map thereof recorded in Volume "A" at Pages 2 and 3 of the Map Records of Nueces County, Texas, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion as shown on the map thereof recorded in Volume 60 at Page 197 of the map records of Nueces County, Texas, and being more particularly described by metes and bounds as fo I I ows: BEGINNING at the northeast corner of Lot 6, Block 58, Beach Portion, for the northeast corner of this tract; THENCE S 10°59'02" E along the east margin of Lots 6—1, Block 58 and its southerly extension at 300 feet pass the southeast corner of Block 58 at 360 feet pass the northeast corner of Lot 16, Block 48, Beach Portion and in all a distance of 370 feet to a point for the southeast corner of this tract; THENCE S 79°00'58" W 10.0 feet south of and parallel to the north line of Lot 16, Block 48, Beach Portion, a distance of 169.93 feet to a point in the northwest boundary of Lot 16 for the most southerly southwest corner of this tract; THENCE N 34°09'08" E along the northwest boundary of Lot 16 at 14.18 feet pass the northwest corner of Lot 16, Block 48 and in all a distance of 58.20 feet to a point for an interior corner of this tract, said point being an interior corner in the west boundary of the heretofore referenced closed portion of Fitzgerald Street; THENCE N 19°58'48" E with the west boundary of the closed portion of Fitzgerald Street a distance of 33.76 feet to a point in the south boundary of Lot 1, Block 58, Beach Portion for an interior corner of this tract; THENCE S 79°00'58"W a distance of 38.69 feet to the southwest corner of Lot 1, Block 58 for a corner of this tract; THENCE N 10°59'02"W along the west boundary of Lots 1 —6, Block 58, a distance of 300.0 feet to the northwest corner of Lot 6, for the northwest corner of this tract; THENCE N 79°00'58" E along the north boundary of Lot 6, a distance of 150.00 feet to the POINT OF BEGINNING, forming a tract embracing 54,603 square feet(1.25 acres). Murray Bass, Jr., R.P.L.S. Note: Bearings are State of Texas Lambert Grid,South Zone, NAD 1927 MBJ:sab Darla-Avalon-Field Note Desc2.doc Page 1 of 1 REVISED EXHIBIT A geginnin9 D p ST . 14-7500 5g„E 15p'pp' � 'S N 4 z O, O 0 3 t N � Ns 10 m W O n O O O 11 O 1 1 a4,j �cU 579.pp+58 ,� CLOSEO + 2 F�TZGERAL�24p09 '38 .69 aY ORO OF �<v .�p�•�1STE. F 'O��O �b•'�� � RFO�tA MURRAY BASS. JR. �`� �. •pp'rJB++� �69•g3' .......... 579 `.A LOT 16 7►� fss�° LOCK 4 s u' PORTION PROPOSED REZONING BLOCKS 48 & 58, BEACH PORTION Prepared by.- Boss & Welsh Engineering Job No: 13023 3054 So. Alameda St. Scale: 1"=60' Corpus Christi, Tx. 78404 Date. 4-26-13 (361) 882-5521 (phone) EXHIBIT 6 Drawing No: REZONE (361) 882-1265 (fax) Plotscale: 1=1 FIRM REGISTRATION NO. F-52 Sheet 1 of 1 U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: May 23, 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 Single-Family to Two-Family for Sababa Holdings, LLC Property Address: 1213 Central Street CAPTION: Case No. 0513-02 Sababa Holdings, LLC: A change of zoning from the "RS-6" Single- Family 6 District to the "RS-TF" Two-Family District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. PURPOSE: The purpose of this item is to rezone the subject property to allow a two-family dwelling unit. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. 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 "RS-TF" Two-Family District in order to make the existing duplex structure compliant with adopted zoning regulations. A duplex structure is not allowed in the "RS-6" Single-Family 6 District. The applicant does not have plans to redevelop the property or change its use. The proposed rezoning is consistent with the Future Land Use Plan, which slates the property for a low density residential use. This rezoning is a reasonable expansion of the existing, conforming two-family uses located along Central Street. Additionally, the proposed rezoning 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 rezoning is consistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 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 `✓ f I s '4, k F 'F � P Cb 8-1 r y �f w r o� Aft4 s o"? f s� 1 "rWr"ag owl J r a r r� at Y p F ZONING REPORT Case No.: 0513-02 HTE No. 13-10000016 Planning Commission Hearing Date: May 22, 2013 a Applicant/Representative: Sababa Holdings, LLC o Owner: RZ Texas Properties, LLC 6 m,CL Legal Description/Location: Lot 17, Block 4, Flour Bluff Center, E—J 5 located on the east side of Central Street, between South Padre Island Q°a o Drive (SH 358) and O'Neill Street. From: "RS-6" Single-Family 6 District To: "RS-TF" Two-Family District 'o a Area. 0.16 acres N Q Purpose of Request: To bring the property into conformance with the Unified Development Code. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" Single-Family 6 Low Density Low Density Residential Residential "RS-6/SP" Single- Low Density Low Density (D North Family 6 with a Special c Permit Residential Residential N Low Density J South "RS-6" Single-Family 6 Vacant Residential Low Density w East "RS-6" Single-Family 6 Vacant Residential "RS-6/SP" Single- Low Density Low Density West Family 6 with a Special Residential Residential Perm it Area Development Plan: The subject property is located in the Flour Bluff cL c Area Development Plan (ADP) and is planned for low density residential uses. The proposed change of zoning to the "RS-TF" Two-Family District is a 6 consistent with the adopted Future Land Use Plan. a Map No.: 035032 Zoning Violations: None o Transportation and Circulation: The subject property has 50 feet of vii .o frontage along Central Street, which is a local residential street. The property c�a is located between O'Neill Street, which is a local residential street, and South Padre Island Drive (SH 358), which is designated as a Freeway/Expressway. Urban Proposed Existing Traffic Street Transportation Volume Section Section L O Plan Type (2011) C Central St. Local Residential 50' ROW 50' ROW Not 28' paved 18' paved Available Zoning Report Case#0513-02 Sababa Holdings, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District in order to conform to current zoning regulations. A two-family use exists on the subject property but is not allowed in the "RS-6" Single-Family 6 District. The applicant does not have plans to redevelop the property or change its use. Existing Land Uses & Zoning: South and east of the subject property is vacant land zoned "RS-6" Single-Family 6 District. North and west of the subject property are two- family houses zoned "RS-6/SP" Single-Family 6 District with a Special Permit. AICUZ: The subject property is not located in one of the Navy's 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 use. Plat Status: The subject property is currently platted. Department Comments: • The subject property is currently occupied by a two-family structure and is currently a noncompliant use. In order to conform to the Unified Development Code, the property must be rezoned to the "RS-TF" District. • The properties located north and west of the subject property are developed with two-family uses and were allowed with a Special Permit in the "RS-6" Single-Family 6 District. The proposed rezoning is consistent with the land use and zoning of the adjacent properties. • The proposed rezoning would not negatively impact the surrounding properties and is consistent with the Future Land Use Plan's designation of the property as a "low density residential" use. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Number of Notices Mailed — 28 within 200' notification area; 3 outside notification area 0 As of May 23, 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) N a tiny q s ?"0 M 3s8.F y 6141y �-G 2' �' 3S m d o " a " -, RII�R- ? SP183 -47 a " v gs �RF �y GG - " L " M M eP CG- ? 0411 SP/12 - Q3 N p "O �� " M M ��• � " M �� sAq y`Ly GG - 2 " � h M CO ♦Q9� SP184 -48 o M " SUBJECT M �� M M 6 " PROPERTY " " S/P/83 - !w M M 26 O M _ " M � " M " 8 1OM " 25 M U 14M " M " 3 C, " M " /`^\ p A M ry �5- \�V M24 " M ry 5 4 M M " 2 " 19 1t8 M 16 " 2 13 M 2U 5 _ M — 12 0� F " 9 " m a 22� 2, " 21 .� M h — RS - � o " M H r C " " " s O RE w m 8 O " " " "Date Crea�d:5/1/20-3 0 400 800 P_cep are d�8y:jeremym Feet 1D Department ofDevelopmentServices N CASE: 0513-02 °ayooe 2. SITE - EXISTING ZONING, "QS NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 IL Light Industrial SUBJECT RM-2 Multifamily 2 IH Heavy Industrial PROPERTY 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 \O� CR-2 Resort Commercial RE Residential Estate J CG-1 General Commercial w RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial o o += RV Recreational Vehicle Park cayo oet Oso CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial QTR% FR Farm Rural H Historic Overlay BP Business Park i ® Subject Property Own ers S eeF'9N.�R City Of 'k with 200'buffer O in favor COipUS 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC") upon application by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 17, Block 4, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family 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 Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, 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, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, July 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 Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 17, Block 4, Flour Bluff Center (the "Property"), located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street, from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District (Zoning Map No. 035032), 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 17, Block 4, Flour Bluff Center) 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0513-02 Ordinance, Sababa Holdings Page 2 of 2 b ti q a ?"0 — " 4�fV i " R Rllb�- 1 SP183 -47 a " v gs �RF �r CG �, " L " M M eP CG- 1 ��, SP/12 - Q3 N p "O V " �� � h M h SP 18h8'-48 b M " SUBJECT M �s M " M PRO R _ M b P Y ERT " ~ N S/P183 - 2 + M O N M � O N ev ry C R\S` ~ M r r 5 S P 11 4 M M " 2 N � N b M eO1v ~ M M A� ev b M m b M CO " A� " b ry m " ry N ~ ~ M '�7 M N � b r " " N N b " O w n C N y N s ry w ro b N ry O b RE w O o " RO w � �, n Date Crea�d:511/20 0 400 800 P_repared�By.,jeremym Feet 1D DepartmentofDevelopment Services N CASE: 0513-02 °dyOOe/ 1. SUBJECT PROPERTY °s° "QS ® Subject SUBJECT Property PROPERTY o� e° Cayo Del 05o 0 o°N F royTR/% EX H I BIT A s cows �` LOCATION MAP Christi t S U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: May 23, 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 Farm/Rural to Residential Estate for Solomon and Lisa De La Fuente Property Address: 7850 Starry Road CAPTION: Case No. 0513-03 Solomon and Lisa De La Fuente: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Plan from park to estate residential. The property is described as being a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard. PURPOSE: The purpose of this item is to rezone the subject property to allow the construction of a single-family dwelling on a tract of land less than five acres in area. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District in order to construct a single-family residence on a tract of land less than five acres in area. The proposed change of zoning is compatible with current land uses 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 subject property is located within the boundaries of the Southside Area Development Plan and the proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the property for a park use. The City owns approximately 150 acres in this area fronting the Oso Creek, which is planned as part of the Oso Creek-Oso Bay Green Belt, Parks and Trail System. The subject property does not have frontage on the Oso Creek and is not intended to become part of the park property. Therefore, changing the Future Land Use Plan's designation of the subject property from park to low-density residential is appropriate. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (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 'fir k. p , Ee ,e 1 � � 4 , v f z , kk " t J u ur k � ftr r 3 r d" If w 's ref -lip Mae an 1 An f 5� a "fir,a °n=rz f'x f s x� ta 'f5'�"`� �� � ' {. v rx; M two NW ZONING REPORT Case No.: 0513-03 HTE No. 13-10000017 Planning Commission Hearing Date: May 22, 2013 Applicant/Owner: Solomon and Lisa De La Fuente Representative: Urban Engineering a Legal Description/Location: Being a 3.86-acre tract of land out of •Q Q CM .0 Lots 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, u) located south of Yorktown Boulevard along the east side of Starry o Road. From: "FR" Farm Rural District To: "RE" Residential Estate District 'o Cr Area. 3.86 acres N Purpose of Request: To allow for a single-family residence on a lot less than five acres. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Park North "FR" Farm Rural Vacant Park o South "FR" Farm Rural Vacant/Low Density Park N Residential Vacant/Low Density East "FR" Farm Rural Residential Park W West "FR" Farm Rural Vacant Low Density Residential Ca Area Development Plan: The subject property is located in the Southside cL c Area Development Plan (ADP) and is planned for park uses. The proposed change of zoning to the "RE" Residential Estate District is inconsistent with the a c adopted Future Land Use Plan. a Map No.: 041029 Zoning Violations: None c Transportation and Circulation: The subject property is located at the corner CL c of Starry Road and Starry Circle, which are local residential streets. The ' property has indirect access to Yorktown Boulevard, a proposed "A3" Primary Arterial street, via Starry Road. Zoning Report Case#0513-03 De La Fuente Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type O W Starry Road Local Residential 50' ROW 40' ROW Not Q 28 paved 16 paved Available L Starry Circle Local Residential 50' ROW 40' ROW Not 28' paved 16' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District in order to allow construction of a single-family residence on a tract of land less than five acres in area. Although the "FR" Farm Rural District allows for single-family residences, the "RE" Residential Estate District allows the proposed single-family property to meet the development standard of a minimum one-acre lot area for platting requirements. Existing Land Uses & Zoning: North of the subject property is vacant land zoned "FR" Farm Rural District. South of the subject property is a 22.43-acre lot with a single- family residence zoned "FR" Farm Rural District. East of the subject property is a 20- acre lot with a single-family residence zoned "FR" Farm Rural District. West of the subject property is vacant land zoned "FR" Farm Rural 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 subject property is located within the boundaries of the Southside Area Development Plan and the proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the property for a park use. Plat Status: The subject property is not platted. Department Comments: • A single-family residence constructed in accordance with flood hazard reduction is an appropriate use for this undeveloped tract of land. • The Future Land Use Plan designates the property for park uses. The City owns approximately 150 acres in this area fronting the Oso Creek, which is planned as part of the Oso Creek-Oso Bay Green Belt, Parks and Trail System. The subject property does not have frontage on the Oso Creek and is not intended to become Zoning Report Case#0513-03 De La Fuente Page 3 part of the park property. Therefore, changing the Future Land Use Plan's designation of the subject property from park to low-density residential is appropriate. • The proposed change of zoning is compatible with current land uses in the area and would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Number of Notices Mailed — 5 within 200' notification area. c 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a c In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0513-03 De La Fuente\PDF Documents for Legistar\0513-03 Report for CC, De La Fuente.docx SUBJECT 2 PROPERTY 0 3 1 5 F'R 4 6 w 7 Date Created:512/2 13 0 400 800 Prepared By:jere'' Feet Department of Development Services CASE: 0513-03 2. SITE - EXISTING ZONING, ��`� ev° NOTICE AREA & OWNERSHIP `aypDel°=� RM-1 Multifamily 1 IL Light Industrial SUBJECT r\Q<<cto RM-2 Multifamily 2 IH Heavy Industrial pso PROPERTY q'ro ON Mult Professional Office RS-D10 Unit Overlay 'OFryyy o,Q�TOry,ve ? qp/eeFgNo y RS-6 Single-Family 6 \\ < ,q CN-2 Neighborhood Commercial Commercial RS-TF Two-Family y4.5 Rg2jgF<o Neighborhood RS-TF Two-Family p CR-1 Resort Commercial RS-15 Single-Family 15 _ R CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse --- �so CREE CG-2 General Commercial K SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural ' N H Historic Overlay BP Business Park C Subject Property Owners 11 City Of with 200'buffer 0 in favor �� Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC") upon application by Solomon De La Fuente and Lisa De La Fuente ("Owners"), by changing the UDC Zoning Map in reference to a 3.86- acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RE" Residential Estate 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 Solomon De La Fuente and Lisa De La Fuente ("Owners") 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, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, July 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 Solomon De La Fuente and Lisa De La Fuente ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard, from the "FR" Farm Rural District to the "RE" Residential Estate District (Zoning Map No. 041029), 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 (a 3.86-acre tract of land out of Lot 15, Section 34, 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0513-03 Ordinance, De La Fuente revAG Page 2 of 2 i I i ' Job No. 42776.00.00 Apn123,2013 URBAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES Fieldnotes of a 3.86 Acre,tract of land,more or less, (not based on an on-the-ground survey),out of Lot 15, Section 34,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;being comprised of a 1.14 Acre tract of land described in a Deed from Deborah Warner to Solomon De La Fuente and wife,Lisa De La Fuente,recorded in Document No.2006011280,of the Official Public Records of Nueces County,Texas, together with a 1.14 Acre tract and a 1.58 Acre tractdescribed as Tract I and Tract 11 in Exhibit Aof a Warranty Deed from Ernest Starry,Ill and wife,Becky Starry to Solomon De La Fuente and wife,Lisa De La Fuente,as recorded in Document No.2006010703 of the said Official Public Records, said tract being more fully described as follows: Beginning,at the intersection of the centerline of Starry Road,a 40.00 foot wide public road and the centerline of a 40.00 foot wide road,commonly known as Starry Circle,being the North corner of Lot 1, Section 35,the East corner of Lot 8,Section 24,the South corner of Lot 25,Section 25,all of the said Flour Bluff and Encinal Farm and Garden Tracts, for the West corner of the said Lot 15 and this tract; Thence,North 28°41'55"East,with the centerline of the said.Starry-Road,same being the common boundary of the said Lot 24 and the said Lot 15,254.75 feet,to the West corner of a 2.854 acre tract of land described in a Deed from William A Lands to JB Partners,recorded in Document No.2008046694,of the said Official Public Records,for the North corner of this tract; Thence,South 61018'05"East,with the common boundary of the said 2.854 acre tract and this tract,660.04 feet to the Northwest boundary of Lot 14, Section 24,of the said Flour Bluff and Encinal Farm and Garden Tracts,the Southeast boundary of the said Lot 15, Section 34,for the East corner of this tract; Thence,South 28°41'00"West,with the common boundary of the said Lot 14 and the said Lot 15,254,71 feet to the centerline of the said Starry Circle,being the North corner of Lot 2 Section 35,of the said Flour Bluff and Encinal Farm and Garden Tracts,the East corner of the said Lot 1,the West corner of the said Lot 14,for the South corner of the said Lot 15 and this tract: Thence,North 61'18'17"West,with the centerline of the said Starry Circle, being the common boundary of the said Lot 1 and the said Lot 15,660.11 feet the Point of Beginning, containing 3.86 acres of land,more or less. Bearings are based on the Record Bearings in the Description of the said 1.140 acre and 1.580 acre tracts of land 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. . �( 0 dye URBAN ENGINEERING rF� KEITH W.WOOLEY 54$3 p iq. Keith W. Wooly,A.L.S. '17 a EBB No,5 3 11UrbadsO21Data\Sm•veying142776100001OFFICEIMETES AND B0UNDS\FN3.860ACres.d0Cx Page 1 of 1 (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI, FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 Exhibit A o� �L c� r / / h F 4 /L e f S e so o , P Q/F '0)e o D f 9s Or �° e46 �.n69 't cp e4 o ae4 pro �eOpkas cts art C VE \\\ \\\ 3.86 Acres out\of' \ \ Lot 15, Section 34 \ �o \ ry° Flour Bluff &I Fncinal Farm & Gard a IN"' Tracts �o , `��' ry\ fYty Vol. A.-P 41-43, Map 2oo- �per• Records of Nu County, Texas \ 0'/28aes 4�R4 '_1\ �\ o'0R No 7. \\'rs \\T1 \ \ 200607 acre \ \ • 9jG�fC& Rec°r�ol fhc; S \ e \ t0o \ T) °� Q��� as Q ph°/ Lot.. \�0 \ G \ '1I Hi C'`S° 0060�0 S \\ ;� ° rj ht1; T h pr \O� \ Op ,� �p•r�•U�y ek° oc is \� \ R.h, cT) -y, v°4rQ: 2 moo,y° \ ti \ O F/ \ \ /Lff 4ot \ ReCOr SO/ q/C'.Sect. \\ o jD9s F°r coq N. ¢`� 3 or oo't dap aeh pr 0 pexps cts 150 100 50 0 100 200 now 1 =100 Map to Accompany FIEL©NOTES for a 3.86 Acre Tract of Land URBA DATE: ri! 23 2013 (not based on an on—the—ground survey) SCALE' out of Lot 15, section 34, Flour Bluff & ENGINEERING ,Ipg NO.: 42776.00.00 Encinal Farm & Garden Tracts, a map of CORPUS CHRISTI, 'TEXAS • which is recorded in Volume A, Pages SHEET. 1 Of 1 41-43, Map Records of Nusces County, ��,,,yQ f r 3 „�,a p„ DRAWN BY: Rl.G Texas. av� ( a)a -J�or F,� CrsV ass- ' 02013 by Urban Engineering Exhibit B t S U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: June 17, 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 Office to Single-Family by City of Corpus Christi for properties in Jackson Woods Subdivision Property Address: 10609-10621 Gettysburg St. and 10618-10630 Potomac St. CAPTION: Case No. 0613-03 City of Corpus Christi: A change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from park to low density residential. The property is described as Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. PURPOSE: The purpose of this item is to rezone the subject properties to eliminate their nonconforming status. RECOMMENDATION: Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single- Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the City of Corpus Christi is proposing a rezoning from the "ON" Office District to the "RS-6" Single-Family 6 District in order to bring the existing single-family dwellings into conformance with current zoning regulations. Single-family dwellings were built on the properties in the 1990's at a time when the former Zoning Ordinance allowed single-family dwellings in the Office District. The Unified Development Code (UDC) no longer allows single-family dwellings in the "ON" District. The proposed rezoning would bring the existing dwellings into conformance with the UDC, thus allowing the dwellings to be reconstructed if they are ever destroyed by natural or accidental causes. The continued existence of single- family dwellings is an appropriate use of the subject properties. The property owners are in agreement with this rezoning. Lot 17 of Jackson Woods Subdivision Unit 1, on the southwest corner of Gettysburg Street and Peachtree Street, was rezoned to the "RS-6" District on March 19, 2013, by the owners of the property. 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 rezoning is not consistent with the Future Land Use Plan, which slates the properties for a park use. However, low density residential uses are appropriate for this location. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (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 r s C zLF.@ L'Y �.T r. a f ' V r • � E>�mg f mkk, �,� , m 'v 0. i dY r rt n N h" Y o � 3 5 sv� s vc i° uv � �rr. 4 e a S n y f k F t ' V r� y, s fr } �x pgog mill f , ZONING REPORT Case No.: 0613-03 HTE No. 13-10000020 Planning Commission Hearing Date: June 19, 2013 Applicant: City of Corpus Christi Owners: Donna A. Mansch (Lot 13), Rodolfo Gil and Janie H. Gil (Lot 14), c _ •o Martha Law Fuqua (Lot 15), Kristen Givens (Lot 16), Mary Kuhn and Robert a E. Kuhn (Lot 18), John Swetlick and Lanicia S. Swetlick (Lot 19), Andrea •Q 7 Alvarez (Lot 20), and James W. Raiford and Shirley A. Raiford (Lot 21). a otf o Legal Description/Location: Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. From: "ON" Office District c To: "RS-6" Single-Family 6 District c Cr Area: 2.618 acres N Purpose of Request: To eliminate the properties' nonconforming status. Existing Zoning Existing Land Use Future Land Use District Site "ON" Office Low Density Park Residential M North "RS-6" Single-Family 6 Low Density Low Density a� y Residential Residential •� ? Low and Medium Public/ Semi-Public N- a South "RM-1" Multifamily 1 Density Residential & Low Density J & PuPlublicemi- Residential y Medium Density w East "RM-1" Multifamily 1 Residential & Public/ Semi-Public Public/ Semi-Public West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject properties are located within the cL c boundaries of the Northwest Area Development Plan (ADP) and are planned for park uses. The proposed change of zoning to the "RS-6" Single-Family 6 a c District is not consistent with the adopted Future Land Use Plan. a Map No.: 061049 Zoning Violations: None c ° Transportation and Circulation: The subject properties have 315 feet of M frontage along Gettysburg Street, 116 feet of frontage along Peach Tree ° Street, and 321 feet of frontage along Potomac Street, which are local CL y residential streets. The properties are located approximately 135 feet west of c M McKinzie Road, which is an "A2" Secondary Arterial Divided street. H Zoning Report Case#0613-03 City of Corpus Christi Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O Gettysburg 50' ROW 50' ROW Not St. Local Residential 28' paved 28' paved Available L Peachtree 50' ROW 50' ROW Not Cn St. Local Residential 28' paved 28' paved Available Potomac St. Local Residential 50' ROW 50' ROW Not 28' paved 28' paved Available Staff Summary: Requested Zoning: The City of Corpus Christi is proposing a rezoning with agreement from the property owners from the "ON" Office District to the "RS-6" Single-Family 6 District in order to bring the existing uses into conformance with current zoning regulations. Single-family dwellings were built on the properties in the 1990's when the former Zoning Ordinance allowed single-family dwellings in the Office District. When the Unified Development Code (UDC) went into effect, single-family dwellings were no longer allowed in the "ON" District and the single-family dwellings became nonconforming uses. The proposed rezoning would bring the existing dwellings into conformance with the UDC, thus allowing the dwellings to be reconstructed if they are ever destroyed by natural or accidental causes. Existing Land Uses & Zoning: North and west of the subject properties are single- family dwellings zoned "RS-6" Single-Family 6 District. South of the subject properties are single-family dwellings, Jackson Woods Presbyterian Church, and multifamily structures zoned "RM-1" Multifamily 1 District. East of the subject properties is Jackson Woods Presbyterian Church and a duplex structure zoned "RM-1" Multifamily 1 District. AICUZ: The subject properties are not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject properties are located within the boundaries of the Northwest Area Development Plan and are not consistent with the adopted Future Land Use Plan, which slates the properties for a park use. The rezoning, however, would be appropriate for this location and it is consistent with the surrounding properties. The Future Land Use Plan needs to be updated in order to remain consistent with development in the area. Department Comments: • The subject properties are currently occupied by single-family dwellings. The subject properties are located within the Jackson Woods subdivision and an office use at this location would be incompatible with the surrounding neighborhood. • A community center was previously located on the properties and was zoned as the Office District. When the community center was demolished and the property was subdivided into a single-family subdivision, a rezoning was not necessary for the Zoning Report Case#0613-03 City of Corpus Christi Page 3 development of the single-family neighborhood because single-family dwellings were permitted in the Office District. • The properties do not conform to current code. The dwellings cannot be rebuilt if they were damaged by more than 50% by a natural or accidental event. • The property owners do not have plans to redevelop the properties or change the use of their properties • The property owners have acknowledged their desire to rezone their properties. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single- Family 6 District. Number of Notices Mailed — 37 within 200' notification area; 3 outside notification area 0 As of June 20, 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\0613-03 City of CC\0613-03 Report for CC, City ofCC.docx N h N O ^ M M N Q M M 1 r b � -S - M b �+ M CG - 2 �C M N N N S UB�JEC�T M seG�c 27 31 6 ~ b z a PROPERTY 16 sN s� 34 M 38 30 5 M 32 — b 35 26 Q M hJ M 24 M Q ~ $ Q 33 w ♦GJ M N 22 O N 4 M �,dk` O� M 6� 13 ON 21 3 12 29 N � ~ O ~ M Q ry 36 10 ~ M M 18 25 b 2 Q -� 0 23 " N 19 11 R M 20 b W Q M b M CG- 2 N Date Created:61412013 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0613-03 SITE - ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial Nue 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-Family4.5 ko ? CN-2 Neighborhood Commercial RS-TF Two-Family SUBJECT CR-1 Resort Commercial oP RS-15 Single-Family 15 o PROPERTY CR-2 Resort Commercial RE Residential Estate '� �`� CG-1 General Commercial RS-TH Townhouse � ra� ��wr CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park CB I Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park Subject Property Owners w_ City o - with 200'buffer O in favor N Corpus �1 p �� 2 4 Owners within 200'listed on v Owners LQC/y T'QN MAP \ u Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, by changing the UDC Zoning Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District (formerly AB Professional Office 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. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding 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, June 19, 2013, during a meeting of the Planning Commission, and on Tuesday, July 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 initiation by the City of Corpus Christi, the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1 (the "Property"), located on Gettysburg Street and Potomac Street, east of Peachtree Street, from the "ON" Office District (formerly AB Professional Office District) to the "RS-6" Single-Family 6 District (Zoning Map No. 061049), 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 (Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Page 2 of 2 K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0613-03 City of CC\0613-03 Ordinance,City of CC.docx ^ " N O ^ " M ^ b ^ R;-S _ .� b �+ M �C M ^ ^ ^ SyI�OH 4H ^ W 'Y N SUBJECT M SeG Z ^ " WPROPERTY M csr o b N M M b a " ^ M V N O N M l,dk S� N " ^ M N O ~ M N N H h b .9� b ~ G N V� R M- 1 Q b W Q " b M CG - 2 N Date Created:61412013 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0613-03 SUBJECT PROPERTY WITH ZONING ® Subject �� / Ivueres := RivQ Property �l RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial go `-7 RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay 5� SUBJECT - \ ON Professional Office RS-10 Single-Family 10 oP PROPERTY RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 rj�� 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 N CI Intensive Commercial �p CBD Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home � E CR-3 Resort Commercial �;/� FR Farm Rural '�{o City Of -- H Historic Overlay Co US BP Business Park L TION MAP Christi EXHIBIT A Ordinance abandoning and vacating an undeveloped and unsurfaced 521.50-square-foot portion of the Laurelas Drive public street right- of-way out of Rancho Vista Subdivision Unit 3 and requiring the owners, Yorktown Oso Joint Venture and American Bank, to comply with specified conditions. WHEREAS, Yorktown Oso Joint Venture and American Bank ("Owners") have requested the abandonment and vacation of an undeveloped and unsurfaced 521.50- square-foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, July 9, 2013, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced public street right-of-way out of Laurelas Drive, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Yorktown Oso Joint Venture and American Bank ("Owners"), an undeveloped and unsurfaced 521.50-square-foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3 (formerly, a portion out of Lot 31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts), located south of Yorktown Boulevard and east of Rodd Field Road, as recorded in Volume 67, Pages 29-30, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. The fair market value of the property being abandoned and vacated is $1,800.00. An exemption from payment is provided to the Owners pursuant to Section 49-12(c)(4) of the City's Code of Ordinances, as no part of the property being vacated has been improved nor used for street purposes and, furthermore, as the vacated portion reverts to the abutting owner and original conveyor. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor UK Job No. 39319.B3.02 ENGINEERING April 3,2013 State of Texas County of Nueces FIELDNOTES for a 0.012 acre tract of land(not based on an on-the-ground survey)out of Rancho Vista Subdivision Unit 3,a map of which is recorded in Volume 67,Pages 29-30,Map Records of Nueces County,Texas;said 0.012 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a point on the most southwesterly corner of said Rancho Vista Subdivision Unit 3,point being at the intersection of Fort Griffin Drive,a public right-of-way, and Laurelas Drive,a public right-of-way; THENCE,North 00°17'50"West,along a westerly boundary of Rancho Vista Subdivision Unit 3,a distance of 50.00,the point of curvature of a non-tangential circular curve to the left whose radius point bears North 009 7'50"West,a distance of 10.00 feet and having a central angle of 90°00'00",a radius of 10.00 feet,a tangent length of 10.00 feet and an arc length of 15.71 feet; THENCE,with said circular curve to the left,an arc length of 15.71 feet,to a point and for a corner of this tract; THENCE, South 009 7'50"East, a distance of 60.00 feet,to a point on the south right- of-way of said Laurelas Drive,same being a southerly boundary of said Rancho Vista Subdivision Unit 3,and for a comer of this tract; THENCE, South 89°42'10"West,along said south right-of-way of Laurelas Drive a distance of 10.00 feet to the Point of Beginning and containing 0.012 acres(521.5 sq ft)of land. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 3,a map of which is recorded in Volume 67,Pages 29 and 30,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 Engineeri hA GxST .iIN UN�N.NN�N•w.NSt..• A1V 1 M URBAN ....•».•..••........._.... Dan L.Urban,R.P.L.S. *&4710 License No.4710 r' (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 EXHIBIT A 1 www.urbaneng.com S:1 Surveyingl393191B302\FN_ROW_closure.doc fPEW' #145 Lot 31. Section 25 Flour Bluff and Encinal Farm and Gorden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas Sk Sk (Owner: Yorktown Oso Joint Venture) b S �• z z 3 0 oa N001 7'50V 50.00' d$ n O 0.012 Acres (521.5 sq ft)y v S00'17'50 0E 60.00 u m D n nn c cnooR � .40 o ° Fort Griffen Drive of c m c t� v o < ml C -lei M o M A o o O . C 7 w I Imo+. 1 S a i O C ni I Z O w • rr O Co wc 0O=C-(/)D� c W F C 2 ° <: N ce c�mmr�• � ° I �c 5 c' cn s W It 2. O c=-nCAOwN �oNNICU 00 O I CA W W I I � N • �o Cyr 0 � AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of July 9, 2013 DATE: May 14, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826-3169 Floyd Simpson, Chief of Police flogs cctexas.co (361) 886-2604 Purchase of Police Motorcycles CAPTION: Motion approving the purchase of six (6) police motorcycles from GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas in accordance with Request For Proposal No. BI- 0087-13 based on best value for an estimated expenditure of $163,386.00, of which $149,886.00 is required for the remainder of FY 2012-2013. Funding is available in the FY 2012-2013 Capital Outlay Budget. PURPOSE: The motorcycles will be used by Police Officers of the Traffic Division to enhance traffic safety. BACKGROUND AND FINDINGS: In addition to supplying the motorcycles, the Contractor will provide routine maintenance on the motorcycles to assure the units are functional, operational and available for use for the officers. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Firm fixed pricing was requested for the motorcycles and four years of service maintenance. When considering the four-year life cycle cost of these units, RAMB, nc.'s cost is 203,886.00 and Corpus Christi Cycle ports, nc.'s cost is 202,91 . 6. Additionally, with this procurement the Corpus Christi Police Department is standardizing on the Victory motorcycles recommended for award herein. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and tate statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Police Department. FINANCIAL IMPACT: Operating Revenue X Capital of applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $300,000.00 $13,500.00 $313,500.00 Encumbered / Expended Amount $128,551.20 $0 $128,551.20 This item $149,886.00 $13,500.00 $163,386.00 BALANCE $217562.80 $217562.80 Fund(s): Crime Control Fund, Red Light Photo Enforcement Fund Comments: The $149,886.00 financial impact shown above represents the expenditure that will be encumbered through the end of this fiscal year. The remaining $13,500.00 for the twelve (12) months of the service agreement will be requested for next fiscal year during the normal FY 2013-2014 budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement CITY OF CORPUS CHRISTI EVALUATION MATRIX PURCHASING DIVISION RFP NO. BI-0087-13 BUYER: GERALD GOODWIN POLICE MOTORCYCLES GRAMB, Inc. dba Corpus Christi Cycle Corpus Christi Sports, Inc. dba Corpus CyclePlaza Christi Harley Davidson 3.3 Proposal Data Sheet(35%) 33.60 17.50 3.4 Proposer's Profile&Qualifications(25%) 17.50 9.50 3.5 Pricing(35%) 34.80 (1) 35.00 3.6 Exceptions(5%) 4.25 0.00 TOTAL: 90.15 62.00 PRODUCT COST PLUS 1 YEAR MAINTENANCE: $163,386.00 $146,390.76 (1)This score is calculated based on the cost of the motorcycles and four years of service maintenance; that being$203,886.00 for GRAMB, Inc. dba Corpus Christi CyclePlaza and $202,919.76 for Corpus Christi Cycle Sports, Inc. dba Corpus Christi Harley Davidson. SERVICE AGREEMENT No. THIS SERVICE AGREEMENT (this "Agreement") is entered into by and between Corpus Christi CyclePlaz4 (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City") effective for all purposes upon execution by the City Manager or designee (the "City Manager"). WHEREAS Contractor has proposed to provide POLICE MOTORCYCLE MAINTENANCE SERVICES in response to Request for Proposal No. 81-0087-13, which is incorporated by reference and attached hereto as Exhibit A; and WHEREAS the City has determined Contractor to be the most advantageous Proposer; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide POLICE MOTORCYCLE MAINTENANCE SERVICES in accordance with Request for Proposal No. BI-0087-13, which is incorporated by reference and attached hereto as Exhibit A. 2. Fee for Services. The City agrees to pay the Contractor the mutually agreed upon fees as follows: $13,500.00 per year. Fees are fixed and firm for the duration of the contract. 3. Term. This Agreement commences on the date signed by the last signatory and shall continue for one (1) year and includes three (3) automatic one-year extensions, subject to the approval of the Contractor and the City Manager or designee("City Manager".) 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the TRAFFIC DIVISION CAPTAIN. 5. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will fiirnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before activities can begin under this Agreement, 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 Contract Administrator will be given at least thirty (30) days' advance written notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail, The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within.fifteen(15)days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI-0087-13, which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon thirty(30) days'advance written notice to Contractor. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City, 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item for this agreement will be actually adopted, since that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any terra or condition of this Agreement or Contractor's bid offer to Request for Proposal No. 81-0087-13 waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas and the venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the !CQntract AdMinistraJgr. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as park 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. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13.Termination. The City Manager may terminate this Agreement for Contractor's failure _.__.._____._._tn_,�e�nrm-.t�ie_ser_vaces_cnecifiPA , n_1�eny�Pet_�nr _Prns�nsAl_Nn__-Ri-MRZ13 .:Ea �lt�tn__kPPr��}1___ insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor at least 5 work-days'advance 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, City may terminate this Agreement, with or without cause, upon twenty (20) days' advance written notice to Contractor. However, City may terminate this Agreement on 24-hours' advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out in Section 14 of this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication IS, as it may be amended. Contractor must provide proof of payment of these taxes within thirty (30) days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing 24 hours' advance written notice to Contractor. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after deposit in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Traffic Division Captain P. O. Box 9277 Corpus Christi,Texas 78469 9277 IF TO CONTRACTOR: Contractor Name: Corpus Christi CyclePlaza Contact Person: Matt Werkhoven Address: 2937 SPID City, State, Zip: Corpus Christi TX 78415- 18. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new POLICE MOTORCYCLE MAINTENANCE SERVICES contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then-current fee under the term of this Agreement, on a month-to-month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a a. _ - _->a_...r.! .A_.1.,u.. _=a.,. 4 - _, fl- .] .r a+.-----" �.'�c - —41s,�---_.fCc 1i3.:�...•# aa.—� ---- _. zudd, Lh=::_ iadi' �6_; +�i...■.��ii®.6 .[—Y�su ,eJ:.yG.Y. ...... __vr. ��i�l. -vi efla.._._.�3i ib G.e.�._lt•--. contract to Contractor. 19. Indemnification. PROPOSER 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 THE CONTRACT OR THE PERFORMANCE OF THE CONTRACT, 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. PROPOSER 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 PROPOSER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THE CONTRACT. 20. 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. SIGNED this day of AOC; , 20_ _. Contractor: gnat I Name: JOA#+ We, V,(A0v W Title: MaVICIff CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Request for Proposal No. BI-0087-13 Exhibit B: Proposer's Proposal, as clarified via clarification questions and responses SC 01 H v KGfiPAR'4P $ AGENDA MEMORANDUM First Reading Agenda Item for the City Council Meeting of June 11, 2013 Second Reading Agenda Item for the City Council Meeting of July 9, 2013 DATE: May 20, 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 osterC cctexas.com (361) 826-1801 Ordinance Setting Terms and Conditions for Recycled Water Service AGENDA CAPTION: Ordinance amending the Code of Ordinances by adding Article XIX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. PURPOSE: The purpose of this Agenda Item is to set terms and conditions for recycled water service including establishing a rate and monthly charge for usage. BACKGROUND AND FINDINGS: The City of Corpus Christi received authorization from the Texas Commission on Environmental Quality (TCEQ) for the use and delivery of recycled water. Type II reclaimed water is collected through a City-owned wastewater treatment plant and treated to a quality that meets or exceeds the TC 's requirements. This recycled water can only be used for certain limited irrigation and industrial purposes and is available to qualifying properties within the Recycled Water Delivery System. The revised Ordinance includes an Initial Service Rate for Recycled Water. This rate for Recycled Water for the first twenty-four months that a User receives Recycled Water Service is hereby set at 75 cents per 1000 gallons. After the initial service rate period, the price will increase to $1 per 1000 gallons. ALTERNATIVES: 1. Approve the Ordinance to set terms and conditions for the usage of recycled water. 2. Do not approve the Ordinance to set terms and conditions for the usage of recycled water. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This Ordinance conforms to the City's Charter and complies with Chapter 210, Texas Administrative Code. EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Wastewater FINANCIAL IMPACT: Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: None RECOMMENDATION: It is recommended to approve the Ordinance setting the terms, conditions, and rate for recycled water service. LIST OF SUPPORTING DOCUMENTS: Revised Ordinance Ordinance amending the Code of Ordinances by adding Article XIX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. WHEREAS, water reuse is an important component of our region's future water supply; WHEREAS, the City of Corpus Christi has received authorization from the Texas Commission on Environmental Quality for the use and delivery of recycled water; WHEREAS, the City Council adopted the Corpus Christi Water Conservation Plan which recommends implementation of numerous best management practices, including water reuse; WHEREAS, City Council desires to adopt rates for recycled water service to be effective August 1, 2013; WHEREAS, the City has completed a cost-of-service study for recycled water to determine how much it costs to serve recycled water users; WHEREAS, the recycle water rate is intended to strive toward meeting the City's goals of providing incentives to encourage the use of recycled water; implementing the City's Water Conservation Plan recommendations to conserve water; and recovering from the recycled water user the costs to the City in order to provide recycled water to the recycled water user; and WHEREAS, staff has calculated a recycled water rate that is fair, reasonable, and uniform in accordance with applicable law; WHEREAS, with the start-up of the recycled water service rates anticipated in August 1, 2013, the City should adopt more specific terms and conditions and regulations for which recycled water may be provided to users within the City's recycled water service area as needed; Revised Ordinance-Effluent Rafe Page 1 of 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new article titled Article IX, Recycled ater to Chapter as follows: CHAPTER 55 UTILITIES ARTICLE XIX. RECYCLED WATER DIVISION 1. IN GENERAL Sec. 55 — 550. Purpose. The purpose of this Article is to define the terms and conditions for which recycled water may be provided to users within areas approved for recycled water use. Sec. 55 — 551. Definitions. In this Article: Approved Use means the use of recycled water as authorized by a recycled water agreement with the city. Approved Use Area means a site authorized by law and designated approved in a recycled water agreement to receive recycled water for an approved use. Chapter 210 refers to Chapter 210 of Title 30 of the Texas Administrative Code, titled "Use of Recycled Water," as amended. Cross Connection means any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or any other assembly which contains, or may contain, contaminated water, domestic sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections. Department refers to the City's astewater epartment. Revised Ordinance-Effluent Rafe Page 2 of 20 Design Standard means a design criterion or standard issued or required by the City Engineer or the Texas Commission on Environmental Quality TC , or as provided under the City's esign tandards Manual, the City's Unified Development Code (UDC), or Chapter 210 of the Texas Administrative Code, as amended from time to time. Director means the City Manager or designee, the Director of the City's Wastewater Department. Delivery Main means a recycled water delivery main offsite that delivers recycled water to a user. A Delivery Main is constructed at the expense of the recycled water user and connects one or more users to a city delivery main of recycled water. Delivery Mains terminate at (1) the point of connection with a user's recycled water meter; and (2) the point of connection with the City's Delivery Mains. All Delivery Mains (including the recycled water meter connecting to a user's onsite recycled water main) accepted by the City become the property of the City at the time the City accepts the Delivery Main. Drawings mean plans; working drawings; detail drawings; technical profiles, exhibits or sketches; typical cross sections; or reproductions that show locations, character, dimensions, or details of work related to a recycled water system and its components. Offsite Facilities means any Delivery Main and as defined herein. Onsite Facilities means any recycled water delivery or distribution lines on the user's side of the recycled water meter. Onsite recycled water mains are built by the user and subject to permitting, the City's regulations and inspection, and Chapter 210's minimum standards. Point of Connection means a location where Offsite Facilities connect to Onsite Facilities and, unless otherwise set forth in the Recycled Water Agreement, is the point at the downstream end of the City's recycled water service. Recycled Water means wastewater that is collected through a City-owned wastewater treatment plant and treated to a quality that meets or exceeds the TCEQ's authorization to the City and/or Chapter 210 requirements. Recycled ater is synonymous with the term reclaimed water, as that term is defined under Chapter 210. Recycled Water Delivery System means that system of pipes and related facilities for the delivery, use and sale of Recycled Water by the City or the City's contractors. Recycled Water Service means the furnishing of Recycled Water to a user, through a metered connection, to Onsite Facilities. Revised Ordinance-Effluent Rafe Page 3 of 20 Recycled Water Agreement means a standard agreement, between a user and the City that establishes the conditions and terms for delivery and use of Recycled Water. Recycled Water Service Area or Service Area means the territory within the City and within its Extraterritorial Jurisdiction (ETJ). Recycled Water Storage Facility means an impoundment or structural tank that receives and stores Recycled Water and complies with applicable requirements under Chapter 210. TAC refers to the Texas Administrative Code. TCEQ refers to the Texas Commission on Environmental Quality and its successor agencies. UDC refers to the City's Unified evelopment Code. User means a person who uses or receives Recycled Water pursuant to a Recycled Water Agreement with the City. Wastewater Department means the City's astewater epartment. Water Department means the City's ater epartment. Water Right means a real property right to divert, use, or consume water flowing to, over, or under land. Secs. 55-552-55- 554. Reserved. DIVISION 2. RECYCLED WATER SERVICE Sec. 55-555. Availability of Recycled Water Service. (a) The Director may make Recycled Water available to persons who execute a Recycled Water Agreement with the City under the terms of this Article. (b) The Director shall prescribe the method of operation and conditions of service. (c) The City Engineer shall prescribe design requirements for recycled water facilities and the manner of construction. (d) The Director may refuse to provide service for the following reasons: (1) Recycled Water Service would be detrimental to the potable water system; Revised Ordinance-Effluent Rafe Page 4 of 20 (2) the City's supply of treated wastewater is inadequate to meet the anticipated needs of the proposed use area; (3) required fees have not been paid; (4) Recycled Water Service to the area would not benefit the City; (5) the proposed use is inappropriate for Recycled Water; or (6) known safeguards are not in place to protect the public health or the environment. (e) In determining whether to provide Recycled Water Service to an applicant, the Director may consider the following factors: (1) the existence of a Recycled Water Delivery Main adjacent to or near the premises of an applicant; (2) the applicant's offer to pay the cost of service extension; and (3) the applicant's intent to enter into the required Recycled Water Agreement. Sec. 55-556. Provision of Recycled Water Service. (a) Upon the Director's recommendation that the provision of Recycled Water is feasible, the City Manager or designee is authorized to execute a standard form Recycled Water Agreement with the City for the provision of Recycled Water to properties within the Recycled Water Service Area upon an application and agreement in compliance with this Article and other applicable laws and regulations. (b) A person who requests Recycled Water Service from the City must file an application that meets the requirements of this Article, and must meet or exceed the minimum design, construction and operation standards for recycled water facilities. Sec. 55-557. No grant or transfer of Water Right or ownership interest. The delivery of Recycled Water by the City and the acceptance and use of the Recycled Water by the User is not a transfer or an acquisition by the User of a Water Right or an ownership interest in any of the Offsite Facilities. Secs. 55-558-560- . Reserved. Revised Ordinance-Effluent Rafe Page 5 of 20 DIVISION 3. REQUEST FOR RECYCLED WATER SERVICE Sec. 55-561. Application for Recycled Water Service, determination of feasibility. (a) The Director shall prescribe an application form for Recycled Water Service. (b) To request Recycled Water Service, a person must own or manage the property for which the service is to be provided. (c) An applicant for a subdivision plat, building permit, site plan, water service extension, or water connection within the service area may submit an application to use Recycled Water. (d) A person must submit an application to the Director and agree to abide by all requirements for Recycled Water Service as described in this Article. If a person meets the requirements described herein, then that person must enter into a standard Recycled Water Agreement prior to the delivery of Recycled Water. (e) The Director shall review each submitted application and investigate the proposed service, such investigation to include site visits, as is reasonably necessary to determine if such service is feasible. Sec. 55-562. Proof of compliance with the minimum design and operation standards. (a) A person making an application for Recycled Water Service shall submit the following information to the Director for his approval, prior to construction or retrofit of an onsite facility that will use or receive Recycled Water: (1) Design drawings and specifications which must be in compliance with the UDC, the Plumbing Code, Chapter 210, and other TCEQ regulations and applicable laws; (2) Design drawings and specifications must be in compliance with the City's Design Standards Manual issued by the City Engineer; (3) Drawings of the final installed onsite facility and the entire proposed use area; (4) Proof that the User will be compliant with Chapter 210, the UDC, and other city codes, rules and regulations, and that the User has the required backflow prevention assembly on the recycled water service line and sufficient air gap; and Revised Ordinance-Effluent Rafe Page 6 of 20 (5) Proof, as requested by the Director, that the User has sufficient Storage Facilities for the Recycled Water and will be in compliance with Chapter 210. (b) The Director may issue written notice to the applicant to proceed with construction and/or retrofit upon satisfaction that the applicant meets or shall meet the minimum design and operation standards for Recycled Water Service. (c) After completion of the construction or retrofit of the Onsite Facilities for Recycled Water Service, the applicant must make a written request for inspection by the City. The inspection shall include the cross connection control and an operational test. (d) The Director shall grant the User approval of Recycled Water Onsite Facilities if: (1) the Director determines that the applicant meets the City's minimum design and operation standards; and (2) the system passes the inspection and the operational tests of the cross connection control. Secs. 55-563-55-565. Reserved. DIVISION 4. SYSTEMS AND CONSTRUCTION OF DISTRIBUTION MAINS Sec. 55-566. Cross Connections with potable water mains prohibited. (a) It shall be unlawful for any person to make or to maintain any Cross Connection or to allow any Cross Connection to exist at any place under the control of any person. (b) Any switchover system potentially allowing use of potable water as a temporary substitute for Recycled Water if Recycled Water is not available shall be built to ensure that Recycled Water does not back flow into the potable water system. (c) To ensure the complete separation of a User's onsite potable water system from the lines supplying Recycled Water, the City shall inspect or cause to be inspected by a third party contractor, the User's onsite potable water system prior to supplying Recycled Water. Any recommended piping modifications shall be completed prior to commencement of the Recycled Water Service. A re-inspection shall be conducted every year or as deemed necessary by the Director. Revised Ordinance-Effluent Rafe Page 7 of 20 Sec. 55-567. Recycled Water Delivery Mains—Construction. (a) Any person who desires the extension of Recycled Water Delivery Mains for the provision of Recycled Water Service shall bear all costs of extending the Delivery Main to the User's property line and comply with the City's policies and requirements as they relate to Recycled Water Service. The size of Delivery Mains are to be determined by the City, based on the User's expected recycled water consumption. (b) The User shall install a water meter that meets or exceeds the irector's re uirements. (c) The City will not pay for Offsite Facilities improvements and infrastructure. The User shall dedicate to the City the Offsite Facilities improvements and infrastructure, that the City approves and accepts, and such Offsite Facilities improvements and infrastructure shall become the property of the City upon the City's acceptance of the dedication. Sec. 55-568. Reserved. DIVISION 5. RECYCLED WATER AGREEMENT Sec. 55-569. Recycled Water Agreement. (a) Upon approval of the Recycled Water Service Onsite Facilities, the applicant must execute a standard Recycled Water Agreement with the City to receive Recycled Water Service. (b) The Recycled Water Agreement shall incorporate the requirements of this Article, Chapter 210, the UDC, the Corpus Christi Code of Ordinances, and any other terms and conditions prescribed by the City. (c) The Recycled Water Agreement shall be reviewed periodically at a minimum of every five years and revised to be fully compliant with all TCEQ permits and regulatory requirements. (d) Prior to delivery of Recycled Water, the applicant must sign the Recycled Water Agreement acknowledging that the applicant, as the User, is now responsible for Onsite Facilities and related activities; that the User shall comply with all applicable laws and regulations, including but not limited to Chapter 210. (e) Every User shall agree to indemnify, hold harmless, and defend the City of Corpus Christi, its officers, agents, employees, representatives, consultants and contractors from and against any and all claims and actions, and all expenses incidental to the investigation of and defense of all claims and actions, based upon or arising out of damages or injuries to person or property in Revised Ordinance-Effluent Rafe Page 8 of 20 any way related to or in connection with the use or delivery of Recycled Water and the operation and maintenance of the Onsite Facilities and related activities. (f) Every User shall provide proof of and shall maintain in force a policy of comprehensive general liability insurance in the amount specified by the City's Risk Manager under Section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement and shall maintain any other policy set by law or the City's Ris Manager under Section 17-19. The City must be named as an additional insured on the general liability insurance policies by endorsement. Sec. 55-570. Discontinuance of Recycled Water Service. (a) The City may discontinue Recycled Water Service if the City Manager determines that continuing to provide Recycled Water Service would compromise the City's ability to comply with any law, rule, regulation, or order issued by TCEQ, the United States Environmental Protection Agency, the United States Department of Justice, or any other legal authority of competent jurisdiction. (b) The Director may discontinue Recycled Water Service if a User: (1) violates the terms of the Recycled Water Agreement or this Article; (2) fails to pay any and all fees assessed on the User's water bill; (3) tampers with any facilities related to the service, including the meter; (4) cross-connects the Recycled Water System with a potable water source; (5) refuses to permit an authorized representative of the City to enter his or her premises to inspect the User's Recycled Water System; or (6) performs an act that the Director determines may be detrimental to the Water, Wastewater, or Recycled Water Systems, or detrimental to the health and safety of the public. (c) A User shall pay for the Recycled Water provided by the City until the Recycled Water Service is properly disconnected. (d) A User may not reconnect a discontinued service without the Director's approval. Revised Ordinance-Effluent Rafe Page 9 of 20 (e) If a User reconnects a discontinued service without the Director's approval, the Department may remove the service and charge an additional fee. (f) A User may apply for reinstatement of service after paying all fees or charges assessed. (g) The Director shall charge a fee for reinstatement of Recycled Water Service. Sec. 55-571. City's responsibilities. (a) The City and its authorized agents, employees, or contractors are responsible for the operation, management, and control of the Offsite Facilities and the oversight of Recycled Water Service. (b) The City shall: (1) Obtain necessary TCEQ authorizations for the offsite use of Recycled Water under Chapter 210; (2) Conduct recycled water quality assessments as may be required by Chapter 210; and (3) Have the right to take any action at such times that it deems necessary to safeguard the public health and safety. Sec. 55-572. User's responsibilities. A User shall: (1) be responsible for constructing the Onsite and Offsite Facilities, with an Onsite Facility service line or Delivery Main constructed to an established point of connection (2) be responsible for dedicating to the City the Offsite Facilities improvements and infrastructure after approval and acceptance of the improvements by the Director; (2) provide supervision of Onsite Facilities to assure compliance with this Article and the applicable cross connection control provisions of Chapter 210, the City Code, and the UDC. (3) provide access to Onsite Facilities at reasonable times for inspections by the City; (4) train all Onsite Facilities operations personnel consistent with the worker training and safety plan approved by TCEQ under 30 TAC 210 Section 210.4 (a)(4)(F), as amended; and Revised Ordinance-Effluent Rafe Page 10 of 20 (5) conduct all operations related to Recycled Water Service in compliance with this Article. Secs. 55-573-55-575. Reserved. DIVISION 6. RESERVED Secs. 55-576-55-581. Reserved. DIVISION 7. USE OF RECYCLED WATER Sec. 55-582. Use of Recycled Water. (a) Recycled Water may be used only as provided under Chapter 210, for the following purposes: (c) A User may use Recycled Water only in locations and for uses as designated and approved in the User's executed Recycled Water Agreement. (d) Each User of Recycled Water and action related to Recycled Water must comply with Chapter 210 and the provisions of this Article. (e) Recycled Water Agreements are non-transferrable to subsequent property owners and/or users. Each User must enter into a Recycled Water Agreement for the provision of Recycled Water. (f) Recycled Water used for cooling or processing must be discharged to a sanitary sewer, in compliance with all applicable permits and laws governing such discharges, or obtain written approval from the Director for any other proposed use, disposal or discharge of such water. Sec. 55-583. General Requirements. (a) Reuse of untreated wastewater is prohibited. (b) The unauthorized use of Recycled Water is prohibited. (c) Food crops that may be consumed raw by humans shall not be spray irrigated. Food crops including orchard crops that will be substantially processed prior to human consumption may be spray irrigated. Other types of irrigation that avoid contact of Recycled Water with edible portions of food crops are acceptable. (d) There shall be no nuisance conditions resulting from the distribution, the use, and/or storage of Recycled Water. Revised Ordinance-Effluent Rafe Page 11 of 20 (e) Recycled Water shall not be utilized in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. (f) Recycled Water managed in ponds for storage must be prevented from discharge into waters in the state, except for discharges directly resulting from rainfall events or in accordance with a permit issued by TCEQ. All other discharges are unauthorized. If any unauthorized overflow of a holding pond occurs causing discharge into or adjacent to waters in the state, the User and the Director, as appropriate, shall report the noncompliance. A written submission of such information shall also be provided to the TNRCC/TCEQ regional office and to the Austin Office, Water Enforcement Section (MC-1 49), within five working days of becoming aware of the overflow. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. Sec. 55-584. Use of Recycled Water, irrigation; other water supply sources (a) Recycled Water may be utilized in the irrigation systems if: (1) There is a written agreement between the City and the owner/operator of the irrigation system-, (2) The User complies with Chapter 210-, (3) There is no direct contact with edible crops, unless the crop is pasteurized before consumption-, (4) The irrigation system does not spray water across property lines that do not belong to the User and/or irrigation system's owner', (5) The irrigation system is installed using purple components-, (6) The domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device and sufficient air gap in accordance with Title 30, Texas Administrative Code, ection 290. i the City's Code of Ordinances, Unified Development Code, and Plumbing Code, any other applicable laws. (7) A minimum of an eight-inch by eight-inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, "RECYCLED WATER - DO NOT Revised Ordinance-Effluent Rate Page 1 2 of 20 DRINK" and "AGUA DE RECUPERACION - NO BEBER"; and (8) The backflow prevention on the Recycled Water supply line has sufficient air gap and complies with Chapter 210, the City's Code of Ordinances, the Unified Development Code, the Plumbing Code, and any other applicable laws. (b) A person may not use or connect any alternative water supply sources, such as but not limited to gray water or harvested rain water without the prior written approval of the City's Water Director. (c) A person commits and offense if that person uses or causes to be used Recycled Water or any other source or supply of water in violation of this section. Sec. 55-585. Annual inspection; right of inspection of Recycled Water System Onsite Facilities. (a) The User shall conduct an annual inspection of the Onsite Facilities, either through the City or through the use of a City-approved third party contractor. (b) Additionally, the Director may inspect devices installed by the User to control the flow of Recycled Water and may remove, or secure such devices if installed in violation of this Article or any term of the Recycled Water Agreement. (c) Director may inspect any offsite or Onsite Facilities, as well as use areas and adjoining property belonging to the User and shall be granted access, without prior notice to the User during normal business hours. If access is needed by the Director during non-business hours, the User shall allow access at a reasonable time upon a prior request by the Director. (d) The User and his/her operators shall cooperate with the City and its authorized representatives and assist in performing inspections and operational tests. (e) Any modifications to the User's Onsite Facilities must meet all criteria in this Article and is subject to inspection. Sec. 55-586. Identification of recycled water Onsite Facilities. A User must identify recycled water Onsite Facilities with signs having a minimum size of eight (8) inches by eight (8) inches posted at all storage areas and on all hose bibs and faucets, in both English and Spanish, the words "Recycled Water, Do Not Drink" or a similar warning in accordance with Section 210.25 of Title 30 of the TAC. Sec. 55-587. Maintenance of recycled water service pipes. Revised Ordinance-Effluent Rafe Page 13 of 20 All persons using Recycled Water shall keep their Onsite Facilities in good repair, so as to prevent leakage. Maintenance is the User's responsibility. All onsite transportation, holding and delivery facilities for Recycled Water shall comply with the standards of Chapter 210. Sec. 55-588. Violations; prohibited uses. (a) A person commits an offense if a person: (1) violates a provision of this Article or any applicable provision of the Texas Administrative Code, the Texas Water Code, or the Texas Health and Safety Code; (2) uses Recycled Water for a purpose not approved by this Article and/or authorized in the Recycled Water Agreement; (3) uses or applies Recycled Water for any purpose, including Approved Uses, by direct application or by windblown spray, to an area other than the Approved Use Area; (4) uses hose bibs or faucets on a Recycled Water System unless they are designed and installed to prevent connection to a standard water hose, as defined in Chapter 210; (5) allows any obstruction to impede access to meter boxes or other Onsite Facilities or Offsite Facilities; (6) gives, sells, trades, or transfers Recycled Water to another area without the prior written approval of the Director; (7) discharges airborne or surface Recycled Water from the User's property, other than to a wastewater treatment system or wastewater collection system, without notifying the City of its permit granted by TCEQ and authorizing the discharge; (8) interrupts Recycled Water Service in a portion of the City's system without the prior written approval of the Director; (9) stores or applies Recycled Water in such a way as to cause runoff or ponding. If such conditions occur, in addition to any other corrective action taken or required by law, the User shall immediately alter its method of application to prevent any further runoff or ponding; (10) tampers with, works on, or in any way alters or damages any part of the City's Recycled Water System. Tampering or work shall include, but is not limited to, opening or closing of Revised Ordinance-Effluent Rafe Page 14 of 20 valves, or causing of any Recycled Water to flow from the system; (11) cuts into or makes any improper connection with the system; (12) causes or allows their Recycled Water System to have any Cross Connections (between two (2) or more water supplies), any illegal connections or tie-ins, or any discharge of Recycled Water into the public wastewater system; (13) takes or uses Recycled Water without payment; (14) removes or defaces any warnings, labels or signs pertaining to Recycled Water use; (15) commits an offense under applicable state law. Secs. 55-589-55-590. Reserved. DIVISION 8. RATES AND CHARGES. Sec. 55-591. Establishment of rates and charges. Rates and charges for Recycled Water Service are hereby established, based upon factors that include the cost to the City to provide Recycled Water Service, the savings to the City to be able to produce less potable water, and the value to the City to be able to implement longstanding city policies and goals related to water conservation and drought planning and management. Each User of Recycled Water shall pay a monthly charge for Recycled Water Service at the rates established under this Article. Sec. 55-592. Periodic review of rates. The City Council will periodically review the rates for Recycled Water Service and any proposed rate increases in accordance with applicable laws and regulations. Sec. 55-593. Fees. The City Council may adopt a schedule of fees to reimburse the City its costs to provide permitting and inspection services in connection with Recycled Water Service. Sec. 55-594. Schedule. Users shall pay a monthly charge for Recycled Water Service based on the amount of Recycled Water used by the User according to the following rates: Revised Ordinance-Effluent Rafe Page 15 of 20 a. Recycled Water Rates 1. Rate for Recycled Water. The rate for Recycled Water is hereby set as follows: vv Per 1,000 gallons $ 1.00 2. Initial Service Rate for Recycled Water. The rate for Recycled Water for the first twenty-four months that a User receives Recycled Water Service is hereby set as follows: (w Per 1,000 gallons $ 0.75 Sec. 55-595. Calculation of quantity of Recycled Water delivered. The amount of Recycled Water received by a User are based on monthly meter readings performed by the City. Sec. 55-596. Inaccurate meter readings. Should any meter fail to register correctly the amount of Recycled Water used by a User since the previous reading, the Department has a right to charge for Recycled Water Service on the basis of three month's average. Sec. 55-597. Billing. Bills for Recycled Water Service are due upon receipt and payable to the City of Corpus Christi, at the office of the Utility Business Office, 1201 Leopard Street, Corpus Christi, Texas, 78701. Sec. 55-598. City-owned buildings and properties. City-owned buildings and properties are exempt from charges for Recycled Water Service. Secs. 55-599. United States Navy and the State of Texas Veteran's Cemetery. The City Council has determined that charges for Recycled Water Service do not apply to facilities of the United States Navy or the Coastal Bend State Veterans Cemetery. Secs. 55-600. Reserved. Revised Ordinance-Effluent Rafe Page 16 of 20 DIVISION 9. RESERVED Secs. 55-601-55-619. Reserved. DIVISION 10. ENFORCEMENT Sec. 55-620. Purpose. (a) The purpose of this Division is to provide for the enforcement of this Article and other applicable provisions of state law. (b) The Director is authorized to enforce this Article. (c) The purpose of any fine imposed against a person under this Article is to penalize and deter non-compliance with this Article, the Texas Administrative Code, the Texas Water Code, the Texas Health and Safety Code, and other state law and to recover any economic benefit resulting from the non-compliance as the Director determines is appropriate. Specific statutory requirements include the Texas Administrative Code, Chapters 70 and 210; the Texas Water Code, Chapters 5, 77 11-13, and 16; and the Texas Health and Safety Code, Chapters 3417 3667 3697 3717 374, and 401. (d) This Article applies to any person who receives or uses Recycled Water, and all persons within the city limits of the City of Corpus Christi. (e) If some part or parts of this Article cannot be interpreted as consistent with the Texas Water Code, the Texas Health and Safety Code, or the Texas Administrative Code, or where applicable parts of those statutes are not specifically included in this Article, the statutes shall control. Sec. 55-621. Offenses, violations, and penalties. (a) A person commits an offense if the person violates any provision of this Article or any applicable state law, including the Texas Administrative Code, the Texas Water Code, the Texas Health and Safety Code. (b) A person violating any provision of this Article or any applicable state law shall be subject to the penalties as provided under Section 1-6 of this Code of Ordinances. (c) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as provided in Section 1-6 of this Code. Revised Ordinance-Effluent Rate Page 17 of 20 (d) If any person or a second person at the same location or premises, is found guilty of a second violation of this Article or any applicable state law, the Director shall be authorized to discontinue Recycled Water Service to the premises where such violation occurs. (e) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (f) Any person who is the party to the Recycled Water Agreement and whose name is on file with the Director or the Utilities Billing Office as the User of the Recycled Water Service for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the User committed the violation, but said User shall have the right to show that he or she did not commit the violation. (g) If any person fails to respond to a citation or summons issued for a violation of this Article within the time allowed, upon receipt of notice from the Director or a judge of the municipal courts, the Director is authorized to discontinue Recycled Water Service under the Recycled Water Agreement to the location or premises where such violation occurs. Sec. 55-622. Authority to enforce. The City Manager is authorized to make determinations necessary to effectuate the purposes of this Article. The City Attorney and Assistant City Attorneys are authorized to ensure that this Article is properly and diligently enforced, to prosecute violations of this Article, to defend the legality of this Article if challenged, and to seek legal and/or equitable remedies for violations of this Article, including the filing of criminal charges. A legal proceeding pursued under this Article does not constitute a waiver by the City of any right the City may have to join in a legal action originating from an alternative source of law. The City may commence such actions for appropriate legal and/or equitable relief in courts having proper jurisdiction and may seek civil penalties and any other legal or equitable relief available under common law, V.T.C.A., Local Government Code Chapter 54, under V.T.C.A., Water Code § 26.124, or any other applicable local, state, or federal code or statute. 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 Revised Ordinance-Effluent Rafe Page 18 of 20 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 1-6 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Revised Ordinance-Effluent Rafe Page 19 of 20 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 day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Revised Ordinance-Effluent Rafe Page 20 of 20 ti cu P&M4 0 P-4 Piz cu cu • � N O U r cn 4 q� d W C7 C s r' a p 4 ltz :p Im r ,�7xm w r ^1 N ch 0 u ui C 1 O C) CCU p O ;-4 N v 4 � e'-N .O U ct C) � O •cn .� ate., ateJ ate.+ O ate., r CCU W 0 Im co Cl U ui C) c ate-+ � • O O 4-j O cn 4—j O � � 4� cn ,� O s:1 Zi •v O x C) c ;--4 N ,,, Im ru- Cl ch c C7 � U ui ,� o U 4-+ U U • v U 4—j U •� � g—'4 ® U a� °� � � ° ° P-, c� O cn cn c� P4 4—j 0 v U 4-5 O c� 4-J 4-j •�--� � Q■I ,,, u, Im LO IM L • +-j P., O ., j o o p �O v o o .� ° o o �~ OU � U 4-, 4� `+-' 4 � O 0 bo ct W .0 a� CCU O cn O r �� O u, Im 0 c u ui 4-1 ct ct .O ct ct 4-J cn � � U •�•y '� ct V a--+ U o 0 0 �; c U do ct ct +� ct �a .� C� 0 ct O ct 4-1 1p V O a1 4-j 4-0 O ci V V a V Im C1 ch O + c 'T � r o T O v . •� ,o 4-j o O C) +j 4-j 4-4 O O ct P4 CCU ;-, O v 0 .� •� o P4 a) o o 4� �4 � o 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of 07/09/13 852 Second Reading for the City Council Meeting of 07/16/13 DATE: June 28, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance approving and adopting an appeals process for the Street Maintenance Fee CAPTION: Ordinance adopting the Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. PURPOSE: The purpose of this item is to establish by Ordinance a general appeals process for the Street Maintenance Fee established by Ordinance on its Second Reading by Council on June 25, 2013. BACKGROUND AND FINDINGS: On June 25, 2013, City Council approved on its Second Reading ordinances which established a Street Maintenance Fee and set policies and rates. Council had previously requested that staff develop an appeals process for customers. The attached Ordinance and Exhibit A reflect the general process staff anticipate using for such appeals by customers. ALTERNATIVES: Council may choose not to approve the proposed process. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A — Street Maintenance Fee Appeals Process Presentation Ordinance adopting the Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. WHEREAS, on June 25, 2013, the City Council adopted Ordinance No. 029876 which established the Street Maintenance Fee; WHEREAS, on June 25, 2013, the City Council adopted Ordinance No. 029877 which established the policies, rates, and methodologies for the Street Maintenance Fee; WHEREAS, Ordinance No. 029877 requires the City Council to adopt an appeals process related to the Street Maintenance Fee; WHEREAS, the City Council desires to adopt an appeals process in order to provide customers with a way to appeal certain limited factors used to calculate the Street Maintenance Fee; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process) is adopted for purposes of providing a way for a customer to appeal certain limited factors used to calculate the Street Maintenance Fee shown as a charge on the customer's city utility bill. SECTION 2. The City Manager is authorized to establish rules and procedures to administer the Appeals Process. SECTION 3. The City Manager is authorized to take all actions necessary to give effect to the stated purposes of the Appeals Process. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD adopting Appeals Process for the Street Maintenance Fee Pagel cf 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 day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD adopting Appeals Process for the Street Maintenance Fee Page 2 of 2 S City of Corpus Christi Q= Street Maintenance 1852`° es (rye��y��,� The charge of the Street Maintenance Fee (SMF) is reflected on a customer's monthly utility bill. Calculation of the SMF is based on several factors and charged to benefitted properties in accordance with Article XX of Chapter 55 of the Code of Ordinances. Payment of the SMF is part of a customer's utility bill payment. Payment can be made through the same process utilized for all other utility bill payments. The City's Utility Business Office (UBO) is the main point of contact for customers regarding the SMF. Residential Customers may contest their residency status or active meter status. Once UBO receives notice of a request a change to residency status or active meter status, a UBO Resolution Officer will verify the customer's information and status. If the requested change is warranted, the UBO will correct the record and revise the bill accordingly. Residential Customers who are eligible may request a Low Income Discount (Discount). The customer will need to fill out an application form provided by UBO and then submit the completed form to the Nueces County Department of Human Services (NCDHS) for processing and approval (using the same screening process as NCDHS' Operation Heat Help). If NCDHS determines the customer is eligible to receive a Discount, the NCDHS will issue an approval voucher or certificate, which the customer will then provide to UBO in order to apply for a Low Income Discount adjustment to the SMF. The Low Income Discount is 50% of the customer's SMF and is good for one year only. One year after the Discount is applied, a customer's charge of the SMF will be automatically reinstated. Customers must reapply on a yearly basis (through the same NCDHS and UBO procedure described above) in order for the Discount to apply to the customer's bill for the next year. It is a customer's responsibility to apply for a Discount. If a customer fails to apply for a Discount in any year, they will be required to pay the full amount of the SMF. The City will not issue refunds or credit related to the Low Income Discount. Non-Residential Customers may appeal certain factors used in calculating the SMF by filing for an appeal. Appealable factors include: square footage (SF), land use designation (LUD), multi-meter/single business square footage cap application, the number of active water meters, and residency status — inside city limits/outside city limits (ICL/OCL) status. UBO provides Appeal Request Forms with instructions. The customer will complete an appeal form and submit it to the UBO for processing. Upon receipt of a completed appeal form, a UBO Resolution Officer will conduct a review. . If the UBO Resolution Officer recommends approval of the appeal, the city records will be updated and the customer's bill will be adjusted. If the appeal is denied, a customer may appeal to the Street Maintenance Fee Appeals Board (Board). If the Board approves, the records will be updated and the bill will be adjusted. If the Board denies the appeal, then there will be no change to the customer's bill. Bill adjustments will be by credit or refund. Appeals Process Exhibit A 1 of 3 Three types of appeals require processing. Z, Sauare Footaae (SF) Appeal -Square footage is defined as; Square footage as recorded by the Nueces County Appraisal District tax records as 'living area'; UBO will direct the customer to the Nueces County Appraisal District (NCAD) where customers will file an appeal with the NCAD. Upon receipt a completed appeal form, the NCAD will assess the property to determine whether a change to the square footage of living area shown in the NCAD records is warranted. If NCAD approves the change, NCAD will update the NCAD records and provide UBO with the new square footage. UBO will coordinate with Development Services to update city records. UBO will adjust the bill and notify the customer. Bill adjustments will by credit or refund. 2, Land Use Desianation (LUD) Appeal - Land Use is defined as; Land uses identified and described in the Street Maintenance Fee Trip Factor Index derived from the ITE land use codes in the ITE Trip Generation Manual Y* Edition, The customer will complete an appeal form and submit it to the UBO for processing. Upon receipt of a completed appeal form, the UBO Resolution Officer will research the request and coordinate with Development Services staff to recommend an approval or denial of the requested change in the land use. If a change is approved, Development Services will update their records and coordinate with UBO to confirm the changes made and notify the customer. Bill adjustments will be a credit or refund. If the appeal is denied, the customer may request appeal to the Street Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there will be no change in the land usage. If the customer requests to appeal to the Board, UBO will notify the customer of Street Maintenance Fee Appeals Board scheduled hearings. 3, Multi-Meter/Sinale Business Sauare Footaae Cap Application Appeal — Multi-metered properties with one (1) tax id and one (1) business use which exceed the square foot cap of 118,000 SF, The customer will complete an appeal form and submit it to the UBO. Upon receipt of a completed appeal form, the UBO Resolution Officer will research the appeal to make a recommendation for approval or denial. If the requested change is approved, UBO will update their records and notify the customer of the changes. Bill adjustments will be a credit or refund. If the appeal is denied, the customer may appeal to the Street Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there will be no change. If the customer files an appeal to the Board, UBO will notify the customer of Street Maintenance Fee Appeals Board scheduled hearings. Street Maintenance Fee Appeals Board: Street Maintenance Fee Appeals Board will be comprised of five (5) members: 1) Assistant City Manager over Finance, 2) Director of Water or Director of Wastewater, 3) Director of Street Operations, 4) and 5) Two Citizens appointed by City Manager. Street Maintenance Fee Appeals Board Hearings: UBO Resolution Officer will provide the requested documentation and staff recommendation. Customers may advocate their case to the Board. Development Services will present their findings and Appeals Process Exhibit A 2 of 3 recommendation, after which the Appeals Board will decide whether to grant or deny the customer's appeal. If the change is approved and the appeal granted, Development Services and UBO will update the records to reflect the change. UBO will notify the customer of the changes made and credit or refund will be made. If the change is denied, no changes will be made, UBO will inform the customer of the decision, and no refund or credit will be made. Foradditional information contact: Corpus Christi Call Center (361) 826—CITY (2489) or visit www.cctexas.com Appeals Process Exhibit A 3 of 3 / r rir l" / r rs I" rrr °r s r:`/ / ';%/ ! /:: / r >3/ :rrr lrr rr r �t/r'r /. 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'� �' ,:r � � f � # ,,. r. #, # •' • �,r � � • # ,: r>.,. „r r:,` :.; r i r w r.. c N o f0 ::3 N 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of 07/09/13 852 Second Reading for the City Council Meeting of 07/16/13 DATE: June 28, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance amending the Code of Ordinances to establish a Street Maintenance Fee Bill Board of Appeals CAPTION: Ordinance amending the Code of Ordinances by adding Section Division 29, to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to establish a Street Maintenance Fee Board of Appeals. BACKGROUND AND FINDINGS: The Street Maintenance Fee Board of Appeals will consist of five members: the Assistant City Manager of General Government and Operations Support, the Director of Water or the Director of Wastewater, the Director of Street Operations, and two citizens appointed by the City Manager. Citizens who have complaints about their Street Maintenance Fee bill will be referred to this Board by the Utility Accounts Manager in the Utility Business Office. The Board will evaluate and resolve citizen complaints on a case by case basis. ALTERNATIVES: Council may choose not to create a Street Maintenance Fee Board of Appeals. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances by adding Section Division 29, to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new Division 29 titled "Street Maintenance Fee Board of Appeals" to Article IV of Chapter 2: CHAPTER 2. ADMINISTRATION ARTICLE IV. Miscellaneous Boards, Commissions and Committees DIVISION 29. STREET MAINTENANCE FEE BOARD OF APPEALS Sec. 2-284. Creation, purpose, membership, requirements. (a) The Street Maintenance Fee Board of Appeals ("Board") is established for the purpose of hearing and deciding appeals and matters related to the Street Maintenance Fee under Article XX of Chapter 55 of the Code ("Street Maintenance Fee") consistent with the Appeals Process for the Street Maintenance Fee adopted by the City Council ("Appeals Process"). (b) The Board shall be composed of five members: i) the Assistant City Manager over Financial Services; ii) the Director of the Water or Wastewater Department; iii) the Director of Street Operations; iv) a citizen appointed by the City Manager; and v) a citizen appointed by the City Manager. (c) Each citizen board member shall be appointed to serve a two-year term. (d) A citizen board member may be removed by the City Manager with or without cause. (e) The Board shall: ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 1 of 4 i) review any appeal filed in accordance with Article XX of Chapter 55 of the Code and the adopted Appeals Process for the Street Maintenance Fee; ii) hear and decide appeals of orders, decisions, or determinations made by the Resolution Officer of the Utility Business Office relating to the application and interpretations of the Street Maintenance Fee; iii) hear and decide any matter referred to the Board by the City Manager related to the Street Maintenance Fee; iv) perform other duties prescribed by ordinance; (f) The Board may not waive a Code requirement. (g) The Board shall hold meetings at the call of the chairperson and at other times as requested by the Board. (h) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (i) Each case before the Board must be heard by at least 75 percent of the board members. (j) The concurring vote of 75 percent of the board members is necessary to: i) reverse an order, requirement, decision, or determination of an administrative officer or other staff member; or ii) decide in favor of an applicant on a matter on which the Board may hear under this section; (k) The Board shall render all decisions and findings in writing, file them with the Utility Business Office, and send copies to the appellant. (1) The Board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the Board and shall state if a member is absent or fails to vote on an item. (m) The Board may establish rules and procedures consistent with this Code of Ordinances. 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 ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 2 of 4 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 1-6 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 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 , 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 day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 4 of 4 .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,EO First Reading Ordinance for the City Council Meeting of July 9, 2013 1852 Second Reading Ordinance for the City Council Meeting of July 16, 2013 DATE: June 5, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services an cctexas.com 361-826-3729 Waterline Easement dedication to Coastal Bend Bays and Estuaries Program CAPTION: Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBB P's education facility, located on CBB P-owned land. PURPOSE: This ordinance dedicates a Waterline Easement to the CBBEP enabling them to construct a potable water line across the City's land to an education facility located on their land. BACKGROUND AND FINDINGS: The City acquired five tracts of land in 2004 from the Coastal Bend Bays and Estuaries Program (CBBEP) as part of a land exchange. These tracts are currently in use for the Mary Rhodes Pipeline. One of these tracts, Tract 3C, is a long 150 foot wide tract containing 8.646 acres. The City recently received a request from the CBBEP to dedicate a 15 foot wide Waterline Easement to them for construction of a 2 inch diameter potable water line to serve their Environmental Education Pavilion located at the Nueces Delta Preserve, just south of Odem, Texas. The CBBEP program staff provide educational field trips to school groups in grades K-12 from the Coastal Bend. The City is able to dedicate this Waterline Easement to them at no cost under the Texas Local Government Code, Section 272.001 (L) which allows the dedication of real estate rights to another political subdivision as long as it serves a public purpose of the City. Promoting tourism and education of our environment and/or environmental tourism is a City public purpose. The easement provides that the rights granted will revert back to the City if the property ever ceases to be used for purposes consistent with City public purposes, or if the easement is abandoned. ALTERNATIVES: Do not dedicate the easement to the political subdivision and instead charge the full market value. OTHER CONSIDERATIONS: The CBBEP needs this Waterline Easement to be able to construct their potable water line and supply their property with potable water. CONFORMITY TO CITY POLICY: The City is authorized under its home-rule authority to dedicate this easement, as well as under the grant of powers under Section 1, Article X of the Charter. This ordinance conforms to Section 1, Article IX of the Charter. This dedication to CBBEP is authorized by state law, and specifically under the Texas Local Government Code, Section 272.001 (I). EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Engineering and Water Departments FINANCIAL IMPACT: Operating Revenue Capital [x] Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Waterline Easement Ordinance File:\M ro'ect councilexh\exhmoryRHODESEASEMENT N PROJECT LOCATION kUECES RI4¢R Q� o F.41. 624 �i cr Q. y z g IAcN ON RD / Q LOCATION MAP / TRACT 3C +var TO saatE 000 8.646 ACRES CITY OF CORPUS CHRISTI z a` �o w / NIECES VICINITY MAP NOT TO SCALE WATERLINE EASEMENT CITr COUNCIL EXHIBIT TO C.B.B.E.P. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES TRACT 3C - CITY OF CORPUS CHRISTI PAGE. 1 of t NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT, the CITY OF CORPUS CHRISTI, TEXAS, a Texas Home Rule municipal corporation ("GRANTOR"),of 1201 Leopard Street,Corpus Christi,Texas 78 40 1,in consideration of$1.00 (ONE DOLLAR), paid by the COASTAL BEND BAYS AND ESTUARIES PROGRAM, ("GRANTEE"), of 1305 N. Shoreline Blvd., Suite 205, Corpus Christi,Nueces County, Texas, 78401,the receipt of which is hereby acknowledged,has granted,sold,and does hereby grant,sell, and convey to Grantee, its successors and legal representatives, the free and uninterrupted use, liberty,privilege and easement of going in,under and along a certain tract of land situated in San Patricia County, Texas and being described as follows: See the metes and bounds property description attached and incorporated as "Exhibit A". (Premises) A map showing the location of the waterline easement is attached and incorporated as "Exhibit B". Together with the free ingress, egress and regress to and for the Grantee, its officers, employees, agents, representatives, contractors, for the purpose of constructing, laying, servicing, repairing, using,, inspecting,removing,operating, and maintaining ONE(1)WATER PIPELINE under the Premises described in Exhibit"A"attached hereto and adopted by this reference for all purposes. TO HAVE AND TO HOLD,all and singular,the rights and privileges aforesaid to GRANTEE for use as a WATERLINE EASEMENT THAT SERVICES THE COASTAL BEND BAYS AND ESTUARIES PROGRAM FACILITIES,FACILITIES THAT SERVE IN PART,TO PROMOTE TOURISM AND EDUCATION IN THE CORPUS CHRISTI BAY AREA, A CITY PUBLIC PURPOSE, for so long as used for such purpose, and if the use of said waterline easement is ever abandoned or not used as a waterline easement for the limited city public purpose expressed herein, then the aforesaid rights and privileges cease,and all rights and property automatically reverts back to the Grantor (without necessity of Grantor to take any actions to retake the property). Grantor is strictly prohibited from transferring the easement or any easement rights granted herein to any other party. Grantor is strictly prohibited from using the easement rights granted herein for any purpose other than the city public purpose stated herein. 1 GRANTOR CITY OF CORPUS CHMSTI, TEXAS 1201 Leopard Street Corpus Christi, Texas 78401 Ron L. Olson City Manager ATTEST: By: Armando Chapa, City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2013 by Ron L. Olson, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2013. FOR THE CITY ATTORNEY By: D "�"— OA� Veronica Ocanas Assistant City Attorney Accepted for the Coastal Bend Bays and Estuaries Program on 2013 BY: NAME: TITLE: } eC yAUq �b 1 re-JD Y' THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013 by A as of the Coastal Bend Bays and Estuaries Program, on behalf of said ^ A ..* U9 Texas Comm,E 01125n tr JAEASEMENT1Waterline Esmt CBSEP 5-20-13.doc 3 � rb STATE OF TEXAS COUNTY OF NUECES Field Notes of a 0,052 acre tract of land being an easement out of a 8.646 acre tract of land as described in a deed recorded in Document No. 539670,Deed Records San Patricia County,Texas. Said 0.052 acres being more particularly described as follows: COMMENCING at the north corner of the said 8.646 acre tract,THENCE South 01 009'42"East, a distance of 212,48 feet to a metal fence post for an outside corner of the said 8.646 acre tract, and a north corner of the Coastal Bend Bay's&Estuaries Program,Inc.46.117 acre tract as described in a deed recorded in Document No. 518347,Deed Records San Patricio County,Texas,'THENCE with the common line of the said 8.646 acre tract and the 41.117 acre tract, South 44°36'20" West, 67.57 feet, South 45 040'44"West,90.65 feet, South 46°27'20"West 96.95 feet,South 47'25'15 West,93.55 feet,South 48°46'43"West, 188.79 feet, South 50°09'33" West,92.85 feet,South 51°03'00"West,95.41 feet,South 51°57'23" West,95.38 feet,South 52 157'23"West,98,94 feet, South 53 053134"West, 95.10 feet, South 54°56'26" West, 93.90 feet,South 55°46'58" West, 91.55 feet, South 53°15'56" West,440.88 feet to the southeast corner of this easement and the POINT OT'BEGINNING, THENCE continuing with the southeast line of the said 8.646 acre tract, South 53°15156" West, a distance of 15.00 feet to a point for the southwest corner of this easement. THENCE North 3644'04" West, a distance of 150.00 feet to a point in the northwest line of the said 8.646 acre tract,and for the northwest corner of this easement. THENCE North 53 115'56" East, a distance of 15.00 feet to a point in.the northwest line of the said 8.646'acre tract,and for the northeast corner of this easement THENCE South 36 044'04" East, a distance of 150.00 feet to a point in the southeast line of the said 8.646 acre tract, and to the POINT OF BEGINNING of this easement,and containing 0.052 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. I,Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day A. il 23,2013 and is correct to the best of my knowledge and belief. OYI Ronald E.Brister,RPLS No. 5407 Date: April 25,2013, IaOF 3 RON 4 FASTER. 5407 !,sowR- { SUM Job 13407 Exhibit "A" t n 1 SURVEY OF A 0.052 ACRE TRACT OF LAND BEING AN EASEMENT OUT OF A 8.646 ACRE I TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN DOCUMENT NO, 5396-70,DEI; EXA S. COASTAL BEND BAYS&EIMARMS PROORAM,INC. TRAM-15.797 ACRES S.P.C.C.F_N0.5183M17 N53°15'56"E 15.00' (MEAS) - SCALE 1"a 25' o � CITY OF CORPUS CHRISTI A/0 CITY OF CORPUS CllRISTI EXHTMIT"r'-TRACT 3C-8.646 ACRES / EXHIBIT"I,'-TRACT3C'8.646ACRI?S S.P.C.C.P.NO.539670 '/. S.P.C.C.F.NO.539610 $/S NORtil CORNP.R OP TNR SMI)8676 ACRE WAG(.BRARSNORTN!!'IYW PAST.Wil PREP,NtlRTH,SS'46y6'MAST,91.55,NORTI I 34'SF26'BAST,9}.90 TE[SY,NOR'111 S!'S5`S4• P,A37�9S;lO fBR'F,NOR77[12`377]'HAS'f BGl",14 fEBTy.NORTII SI'S}'23'EAbT,9S38 F ; NOliTlf 51'05100•TA4i,9S it FE13f�NORtII llll",'PAST,92RS FEBi NORT1146'd6'41' FAST.168.19 FF.E{,NOAY�i 90'2575"FAST, € 93.55 TIE9T,NORi1146'2TW PAST 56.95 FL•ST, 1iORT1[d5'4tYM'.kMr 90.6S fftT NOR M 44'762W EAST,67.57 FUT,NOFLT14 01'09'41' P.U.B. 1YOST.A 01STNM'C6OF212.49 I=. OWN S53415'56"W 15.00' (MBAS) f 'k COASTAL BEND BAYS-I&ESTUARIES PROORAM,INC. TRACT 9-46.117 ACRES SAC.C.F.NO.518347 .PROTDRTYVORNER O.FBYCB PD$T ON COEUtBR . Brister Surveying 1.)TOTAL SURVEYEDARRA IS gO52ACR63. 4659 Ever6azt Suilc 100 2 J A4EA5UIiBD BEARINGS AR13 BASED ON GLOBAL 4659 E Ca[Lt4,Trxnt 75411 POSH= 101=006YSTB67 NAP 83(93)4205 DATUM. Of[36k33918W 3.)A MISS ANI3 BOUNDS DBSCR1FilON OF Fa+361.SM-101 EUUALDAW-ACM iPANFUIII1SSURVBY. 0[iu[[sunv)srg�wrpu�luxb:.ttlm �flFj T797S SURVEY DOES NOT B4CLUDDTHB RFSSARC".INVP.5TIOAIION.OR LOCATIONS OP gt gtl R¢a•,[1t All.$ERYUI)DFS,I'AS'LAtENTB.RIGk ru%YAYS, *; :'h OR unLMU ON TIUS PROPBRTY. RET p. f��S ( 1,RONALD&BRESTER DO HEREBY CERTIFY $407 T HATT IIISSU RVBYOPTILBVROP&R771.L•OALLY t*�r DESCAIRPb116RG IN WAS MADE OXWEGROUNO �'¢`�...... WISDAYAPRIL�•2."'ANDISOORRECI'TOTTIE �SIJRJ BFSTOPASYBWRANDBRUff, SVRYEY 1LllF1 APRIL25,2013 JOB NO.13407 RONALDILDRISTER R.P.LS.MAW Exhibit "B" Page 1 of 2 Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBBEP's education facility, located on CBBEP-owned land. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute a Waterline Easement dedicating and granting to the Coastal Bend Bays and Estuaries Program (CBBEP)(a 501(c)3 non-profit and Texas not-for-profit organization and political subdivision of the State of Texas) a fifteen foot wide easement across a 8.646-acre tract of City-owned land to allow the CBBEP to construct and operate a potable water line to the Nueces Delta Preserve, for purposes of providing potable water to the CBB P's new education facility located approximately 3 miles southwest of Odem, Texas, for the city public purpose, benefit and interest in promoting environmental tourism and nature education programs in the area. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary 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 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 12013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,EO First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: June 20, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Constance P. Sanchez, Director of Finance constance cctexas.com, (361) 826-3227 Ordinances Appropriating Fund Proceeds CAPTION: Ordinance appropriating $15,697.59 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, ection 1 for the City's match for future AA rant Pro ects Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $15,697.59; appropriating $131,046.95 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $131,046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, ection 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17,720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1, ection for the stated bond pro ects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100,666.05 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100,666.05. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2013 in the City's Capital mprovement Program unds. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Appropriate the funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Finance Department FINANCIAL IMPACT: Operating X Revenue Capital of applicable Project to Date Fiscal Year: 12-13 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 0 Encumbered / Expended Amount This item 352,911.36 352,911.36 BALANCE 352,911.36 352,911.36 Fund (s): This item will appropriate $352,911.36 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance Ordinance appropriating $15,697.59 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $15,697.59; appropriating $131,046.95 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $131,046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17,720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100,666.05 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100,666.05. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $15,697.59 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, ection 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $131,046.95 in Bond Proceed interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service Section 3. An amount of $87,780.05 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital mprovement Program. Section 4. An amount of $17,720.72 in Specialty Bond Proceed interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds is appropriated in the funds as listed in Attachment 1, ection for the stated bond pro ects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 5. An amount of $100,666.05 in Street Assessments is appropriated in the funds as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects. Section 6. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $352,911.36. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor 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 th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ATTACHMENT ONE SECTION 1 : AIRPORT Fund # Fund Name Amount 3020A Airport CIP Fund (Capital Reserves) 112.68 3020B Airport CIP Fund (Other) 667.62 3024 Airport 2000A CIP Fund (Rev) 772.54 3026 Airport 2012 CO CIP Fd 2,900.20 4631 Airport CFC 2010 CO CIP fund 11,244.55 AIRPORT TOTAL 15,697.59 SECTION 2 : BOND PROCEEDS Fund # Fund Name Amount 3126 Bayfront Dev 09 GO CIP (Bnd08) 15,238.39 3191 Fire Impry 09 GO CIP Fd(Bnd08) 6,574.21 3341 Police Imp 09 GO CIP Fd(Bnd08) 56.30 3359 Public H & S 2004 CIP Fund (CO) 31.91 3362 Sanitary Landfill 2006 CIP FD 676.58 3365 Sanitary Landfill 2008 CIP(CO) 2,485.68 PUBLIC H&S TOTAL 9,824.68 3226 Library 09 GO CIP Fd (Bond 08) 622.46 3182 Convention Center 2010 CIP Fund (CO) 229.52 3289 Park & Rec 2005 CIP Fund (GO) 151.49 3290 Park & Rec 08 TN CIP Fund (NT) 46.51 3291 Park&Rec 09 GO CIP Fd (Bond08) 247.24 3292 Parks & Rec 2010 GO (Bond 08) 10,676.83 PARK TOTAL 11,122.07 3541 Street 2005 CIP Fund (GO) 4,553.41 3544 Street 2007A CIP Fund (GO) 4,717.33 3546 Street 09 GO CIP Fd (Bond 08) 25,078.78 3548 Street 2012 GO CIP Fd Bond 08 59,660.31 STREET TOTAL 94,009.83 BONDS PROCEEDS TOTAL 131,046.95 SECTION 3 : REVENUE BONDS Amount 3493 Storm Water 2012 CIP Fd (RvBd) 11,605.49 3494 Storm Water 2012A CIP Fd RvBd 1,854.86 3495 Storm Water 2012B CIP Rev Bds 1,751.94 3496 Storm Water 2012A CIP (Bd 2012 1,626.94 4528 StormW 2010A CIP REV tax-exmpt 144.47 4529 Storm Wtr 2010B REV Txbl BAB 1,446.08 4540 Storm Water Capital Reserves 67.06 STORM WATER TOTAL 18,496.84 4551 Gas 09 CIP Fund-(rev bd-08GO) 304.43 4555 Gas 2012B CIP Fd (Rev Bds) 533.65 GAS TOTAL 838.08 4080 Water CIP Fund 331.89 4087 Water 2010 TWDB-WIF Loan (Rev) 2,253.29 4088 Water 2012 CIP Fd (RvBd) 26,398.76 4089 Water 2012A Cl P Fd (RvBd) 1,627.18 4091 Water 2012B CIP Fund (Rev Bds) 2,463.95 4092 Water 2012A Cl P (Bd 2012) 528.28 4476 Water 09 CIP Fd (rev bd-08GO) 206.12 4478 Water 2010A Cl P REV tax-exmpt 2,120.44 4479 Water 2010B REV Txbl BAB 3,829.05 WATER TOTAL 39,758.96 4247 Wastewater 2012 Cl P Fd (RvBd) 6,145.83 4248 Wastewater 2012A CIP Fd (RvBd) 2,303.39 4249 Wastewater 2012B CIP (Rev Bds) 6,847.83 4251 Wastewater 2012A CIP (Bd 2012) 3,049.43 4501 Wastewater 2009 Cl P Fd-(rev bd-08GO) 149.82 4504 Wastewater 2010B REV Txbl BAB 1,603.60 4510 Wastewater Capital Reserves 8,586.27 WASTEWATER TOTAL 28,686.17 REVENUE BONDS TOTAL 87,780.05 SECTION 4 : SPECIALTY BONDS &OTHER CIP Amount 3489 Storm Water 2007A-1 (TMPC CO) 1,276.08 4246 Wastewater 2007A-1 (TMPC CO) 116.18 3542 Street 2007A-1 CIP (TMPC GO) 925.12 3543 Street 2007A-1 CIP (TMPC CO) 2,683.37 TMPC TOTAL 5,000.75 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 502.71 3271 Seawall System CIP Fund 852.50 SALES TAX BOND TOTAL 1,355.21 3161 Energy Effncy CIP 2012 PPFCO 9,674.25 3278 Packery Channel Projects TIF#2 896.27 3530 Street CIP Fund 794.24 SPECIALTY BONDS & OTHER CIP 17,720.72 SECTION 5 : OTHER UNAPPROPRIATED FUNDS Amount 3530 Street CIP Fund 100,666.05 Street Assessments TOTAL AGENDA ITEM APPROPRIATION: $ 352,911.36 0 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 9, 2013 852 Second Reading Ordinance for the City Council Meeting of July 16, 2013 DATE: 5/28/13 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV @cctexas.com (361) 826-3246 Approval of agreement and appropriating ordinance to reimburse 5961 HWY 44, LLC for the construction of a collection line CAPTION: Ordinance authorizing execution of a sanitary sewer collection line extension construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer'), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: 5961 HWY 44, LLC will install 500 linear feet of 8-inch sanitary sewer collection line extension to provide adequate wastewater to a proposed body shop development. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC"), 5961 HWY 44, LLC, is requesting a Reimbursement Agreement for the development of Lot 3 & 4, Block 13, Airport Industrial Subdivision Block, as shown on the final plat. The subdivision is located along the south side of State Highway 44; east corner of Heinsohn Road and west of North Padre Island Drive (SH 358). The development requires the extension of 500 linear feet of 8-inch sanitary sewer collection line in order to provide adequate wastewater to the property. The subject property will be served by a proposed 8-inch PVC wastewater line which will connect to a new sanitary sewer manhole. A layout of existing and proposed improvements is included as Exhibit C. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.2.E.2.e defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $333,969.71 Encumbered / Expended Amount $255,401.92 This item $18,710.61 BALANCE $59,857.18 Fund(s): Comments: Encumbered amount does not reflect proposed appropriation request by Mr. Thomas Davis of Saxet Industrial, Block 1, Lot 2. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Location Map Exhibit B: Final Plat Exhibit C: Proposed Improvements Layout Exhibit D: Application for Wastewater Line Credit Exhibit E: Application for Wastewater Collection Line Reimbursement Exhibit F: Disclosure of Interest Exhibit G: Sanitary Sewer Collection Line Construction Distribution Main Extension and Reimbursement Agreement an Hwo��3N ¢V v a 9s ��§�°a�� oGe 3> G¢$ a❑ Qe n n IIJJ _ s4 115m all Il lul lulu O � � ipo m�<gy�zc p po �p �� ,o>_ w� w rcW�' 1� � �z5 -`& -'za �4 °°s oQ� ~." WN uP a 'a Fog d pp � a r nn� u W MOD i Ali o,== �mo =o v o uat o 5 H iS Ng R j u V °oz r o3 Ld ,'tea= _ - p 3n�s uoserx - Z Ww:wuw ° NO— IL z °„ ti ax I of U m C � W OR z \ �___ _ _ _ S 1'24'02"E_04_2.35' ——_——————--—————— V 3-5•—————— ——— N = 900.oo 7T. 3 i0 52W Ul J I N n m N � 1 z SN1°26'33"W 780.9P -Ti— F m a 1 4 - Z--� v ca x � o r N � O _ 2 M — Z o eV v a 9s =oo Qe ling oGe 3> G¢$ a❑ ln- I�f� Cj p6pa$� °u�za- wG=� n n IIJJ _ s4 Ed ms ! Il lul lulu O � � ipo m�<gy�zc po 11 m 0° .� 0 p X oil nn� u W aoo °a al a H o= =m p i a p Rol . d=noun Havaly m� e i° boo 0 BUY so sn c� 5 a Hip 1 � m =o v o G �°o Gf �p�p�p-- QO - NoN °u< ° a u , z �p= z¢w aG €�.w wag - - - � �{ & 'Clow\\ \ ! ! �{¢ - � § }S - � - _ - _ . �, , z _ < ------------° ------a©--:--------:---- -- : . \ — ------�v---- ---- ^ - - � „ .. .. „ - - - _ -- \ \\ ( can , APPLICATION FOR WASTE WATER CREDIT We, �9�l l{�Vt, 44. YJ/� 5�6l }f*�. 44' Christi, TJ� 78406 owners and of '� - ' LL C, ~ ' ' pru�pnsoH�-AIRPORT DN )OSTH1A~ SUBDIVISION, BLOCK l3,LOTS ] & 4`' hereby apply for or $6., 36. cn:dittovonjothe waste natoraomenge fee fnrUzc collection line Extension|nconjunction \���/����(�[t�Mndinamc�7�o l78g] is the construction vvkhmuidsubdivision m�pc0v . ^ -_==�===~_ '~-- --' -� - '� mh8wvu�wtbccoe supporting documents aU�n�c� cost,including l}q6 Engineering and Surveying,as _� / ` " herewith. 8y: Tide: Date: THE STATE{}FTEXAS � COUNTY OFNUECE8 § This instrument was acknowledged before me on /j-, 2013, by 5 1 HW �exas Limited Liability Company, on behalf of the said company. KATRINA MARIE WILLIAMS t ry Public i n for the State of exas IS Notary Public,State of Texas my commission Expires y 08, 2014 . - / , ' � � | � \ � Exhibit� U� \ --- _ APPLICATION FOR WASTEWATER REIIVIBURSEMENT Vile, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOTS 3 & 4, hereby request reimbursement of$1$,710.61 for the installation of the waste wafter collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $40,487.25 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith. By. Title: fit A Date: 111-141, Z�t3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on / / _-,2013, by Name), I` , ;: - —(Title , of 5961 HWY 44, LLC, a Texas Limited Liability Company, on half of th said camp Y. pnran K X INA MARIE St of Notary Public,Stag of Texas ary Pub1iC nd far NueCeS urity,Texas 5r My Commission EOlres auly 0a, 2014 ' CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of fiends in the Collection Lane Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit E City of Carpus Christi.Texas Department of Development Services City of P.O.Box 9277 Corpus Christi�Texas 78469-9277 (361)826-3240 C91PUs Located at: 2406 Leopard Street 1� (Comer of Leopard St.and Port Ave.) Christi DISCLOSURE OF INTERESTS 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"NK. NAME: 5961 Hwy 44, LLC STREET: 5961 Hwy 44 CITY: Corpus Christi zip: 78406 FIRM is: n Corporation E]Partnership [:]Sole Owner E]Association FC10ther Limited Liability DISCLOSURE QUESTIONS Company 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) None N/A None 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 None NA None 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 None N/A None NA 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 None N/A None N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: , 11 t rI Title: Member (Print) Signature of Certifying Person: Date: Px ZGIw5 K-WEVEWPMZWSVCS\SHARW)V.AND DEVELoPmEunORD01eCIE AIDNIINIST&ATIOMAPPLICATION FORMSWORW AS PER LEGAU20i2\DISCLOSM OF 04TERpSTS STATEWNTI.27.12.DOC Exhibit F Page 1 of 2 ' ` DEFINITIONS o. "Board Member". A member of any board, commission mcommittee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the Qh/ of Corpus Chhn§. Texas, either on a 8mU or part time basis, but not mnmn independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and vvbethor established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole propnanomn/p, as self-employed penson, pomnnman/p. corporation, ]o/mr stock company, joint wontmme, receivership o/trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The K4oyor, members of the City Couno||, Qh/ Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership |nh*rexC'. Legal or equitable interest, whether actually or constructively he|d, in e firm, when such interest in held through an agent, t/unf, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and erobitecte. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Kxpvcw,u^mTSrcn,mucoc^moosysu,,mcw/�()uom^xrs^nu/wm,n^nvww,n/c^nvxmxwS'FxnmS AS PER cav^zn"'mnnCLomx^or/m,,nmn Sr^rwswnzn2DOC SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This sanitary sewer collection Pine extension construction and reimbursement agreement ("Agreement") is entered into between the City of Corpus Christi ("City") a Texas home-rule municipality, and 5961 HWY 44, LLC ("Developer/Owner"), a Texas limited liability company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on April 10, 2013, to develop a tract of land, to wit: approximately 3.969 acres known as Lots 3 and 4, Block 13, Airport Industrial Subdivision, located on the south side of State Highway 44, southeast corner of Heinsohn Road, and west of North Padre Island Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Sanitary Sewer collection line extension ("Sanitary Sewer Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of the Sanitary Sewer Extension; WHEREAS, it is to the best interest of the City that the Sanitary Sewer Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Sanitary Sewer Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Sanitary Sewer Collection Line Trust Fund for installing the Sanitary Sewer Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Sanitary Sewer Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Sanitary Sewer Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 500 linear feet of 8-inch PVC pipe; 2. Install one (1)4-foot diameter manhole; 3. Install one (1) lump sum pavement patching; 4. Install 500 linear feet trench safety for excavations and; 5. Install one (1) lump sum traffic control during construction. b. The Sanitary Sewer Extension must begin at the northeast corner of Lot 3, Block 13, Airport Industrial Subdivision and extend east along the south side of State Highway 44 approximately 500 feet to the existing sanitary sewer line at the northwest corner of Lot 2, Block 13, Airport Industrial Subdivision. c. The plans and specifications must comply with the City's Sanitary Sewer Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Sanitary Sewer Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Sanitary Sewer Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC for the area of the Sanitary Sewer Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Sanitary Sewer Extension, under the approved plans and specifications, by July 9, 2014. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 2 of 8 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default. a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Sanitary Sewer Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Sanitary Sewer Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Sanitary Sewer Extension, under the approved plans and specifications, on or before July 9, 2014. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Sanitary Sewer Coll line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 3 of 8 Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its remedies at law or in equity for such default, and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 4 of 8 11. NOTICES, a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner.- 5961 HWY 44, LLC Attn: John Durham 1514 Glenoak Drive Corpus Christi, Texas 78418 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address or addressee for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Sanitary Sewer Extension, contracts for testing services, and contracts with the contractor for the construction of the Sanitary Sewer Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond and also execute a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 5 of 8 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Sanitary Sewer Extension and the construction of the Sanitary Sewer Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Sanitary Sewer Collection Line Trust Fund and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Sanitary Sewer Extension up to an amount not to exceed $18,710.61 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City.. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS !OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH', ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE SANITARY SEWER EXTENSION. Sanitary Sewer Col@ Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 6 of 8 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land to wit: approximately 3.959 acres known as Lots 3 and 4, Block 13, Airport Industrial Subdivision, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Deve lope r/Owner`s successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 171'10, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5, the contents of which, as a completed form, are incorporated into this Agreement by reference as if fully set out in this Agreement. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Wes Pierson City Secretary Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney Sanitary Sewer Call Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 7 of 8 5961 HWY 44, LLC 446hn Durham President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on a 2013, by John Durham, President, 5961 HWY 44, LLC, a Texas limited liability company, on behalf of said company. Notary Public's Signature r`{CRY PL*. Ut ENA x t NOTARY PU13LIC *"Y+ SWO of Texas Exp.12.02-2015 Sanitary sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFlnal Page 8 of 8 All 11 g IV is EAR j as 1 -IM P2 IN 5Q, =Z� 0 Ll it E3 rn g T i R -F 9 E6 m D V 13 CL E� LU tq hv Wb -26-3 LV Z6 78 111: in y APPLICATION FOR'WASTE WATER REIMBURSEMENT We, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOTS 3 & 4, Hereby request reimbursement of$1818 7__, 10.61 for the installation of the waste water collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $40,487.25 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Title: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013, by j Name l/ (Titl of 5961 HWY 44, LLC,a Texas Limited Liability Company, on alfro a said com any. ,RTPV; KATRINA MARIE WILLIAMS Notary Public.State of Texas ry Public n nd for Nucces ounty, Texas g nny Commission Expires CERTIFICATION The information submitted with this application for rei,nbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b)Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WASTE WATER CREDIT We, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13,LOTS 3 & 4, hereby apply for $6.236.87 credit towards the waste water acreage fee for the collection line Extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $40,487.25 is the construction cost, including 11%Engineering and Surveying,as shown by the cost supporting documents attached herewith. By: Title: ff 13 'rt� Date: f�Ilrr /`/ 13 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on � r /` 2013, by (Name), ` { (Title), of 5961 HWY 44, LLC, a Texas Limited Liability Company, on be al f the said company. tas9ae ,awR9g� r. KATRINA MARIE WILLIAMS o ry Public d for the State o exas, s _ Notary Public, State of Texas My Commission Expires July 08, 2014 eeili4i655 Exhibit 2 page 2 of 2 (ioil! 6y` SF AIM MW 1 ON! 11 1 p 0 19 5F o ca mw pw bill On fl 41 EWA > pylla, AMIN, Mhu! IOWAL 41 iu! PIP am —————————— -------- a g33 41112013 SS1 rST.XLS AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOTS 3 &4 OFFSITE WASTE WATER REIMBURSEMENT ITEM QTY. UNIT UNIT PRICE AMOUNT ITEM NO. $43.00 $21.500.00 1 81°PVC PIPE 51 LF 1 EA $6,350.00 $$,350.06 2 4'01A,MANHOLE 1 LS $7,500.00 $7,500.00 3 PAVEMENT PATCHING 500 LP $1.00 $500.00 4 TRENCH SAFETY FOR EXCAVATIONS LS $625,00 $625.00 5 TRAFFIC CONTROL DURING CONSTRUCTION � $36,475.00 SUBTOTAL Engineering and Surveying 11% $4,012.25 SUBTOTAL $40,487.25 Less Fee Value of Property* -$6,236.87 TOTAL $34,250.38 *FEE VALUE=$6,236.87(from City) MAXIMUM AMOUNT REIMBURSEABLE AMOUNT ITEM $24,947.48 0.5 x 6,236.87 x 8= 50%x FEE VALUE OF PROP K AVERAGE PIPE DIAM. Less Fee Value Of Property* -j6 23.81 $18,710.61 Exhibit 4 City or Corpus Christi,Texas Department ofDeveloptuent Services " r 1 Q P.O.Box as 7 Corpus�4risti,Texas 78469-42.7'1 (361)$26.3240 'Corpus Located at: 2406 Leopard street Ch (Corner orLeopard St.and Port Ave.) DISCLOSURE OF INTERESTS 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". NAME: 5961 Hwy 44, LLC STREET: 5961 Hwy 44 CITY: Corpus Christi ZIP: 78406 FIRM is: []Corporation ❑Partnership ❑Sole Owner ©Association 0 Other Limited Liability DISCLOSURE QUESTIONS Company 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) None N/A None 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 None N/A None N A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%s or more of the ownership in the above named "firm". Name Board,. Commission, or Committee None N/A None 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 None N/A None N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ra�,�I )r',t _ �/ Title: Member (Print) Signature of Certifying Person: Date: K WEVELOPMEMVMHAREMAND DEVELOPMENftRIHNANCE ADWNIS MT10MAPPLICAVON]FORWFOMS,AS PER LEGALVO12NDISCLOSURE OF WERESTS STATE WI I27.12.DOC Exhibit 6 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements.. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K\Df-,VF,LOPNfENTSVCS SHARM LAND DEVELONNIENTORDINANCE A DMINTSl RATIONAPPLICATION PORMSfORNIS AS PER LEGAL,.2612 DISCLOSURE OF INTERESTS STATEMENTL27.I2.DOC Exhibit 5 Page 2 of 2 Ordinance authorizing execution of a sanitary sewer collection line construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. 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 a sanitary sewer collection line construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the extension of an 8-inch sanitary sewer collection line, including all related appurtenances, for the development of Lots 3 and 4, Block 13, Airport Industrial Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $18,710.61 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection line improvements in accordance with the Agreement. 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 day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor [3oc* 201OO15320 f}ages 17 05/19/7010 9:23AM official Records of NUECES COUNTY SANITARY SEWER COLLECTION LINE EXTEI�A iT _00YRUCTIONAND REIMBURSEMENT AGROEUEfff•c0 THE STATE OF TEXAS § COUNTY OF NUECES § This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement("AGREEMENT") is entered into between the City of Corpus Christi ("CITY"), a Texas Home-Rule Municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and N.M. Edificios, LLC, ("DEVELOPER"), 3900 North McColl Road, McAllen, Texas, 78501. WHEREAS, DEVELOPER in compliance with the CITY Platting Ordinance, has filed a plat, approved by the Planning Commission on November 11, 2009, to develop a tract of land of approximately 32.41 acres called L & F Subdivision Lot 1, located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, as shown in Exhibit 1, attached; WHEREAS, under the Platting Ordinance, the DEVELOPER is responsible for construction of Sanitary Sewer Collection Line Extension ("Collection Line Extension"); WHEREAS, under the Platting Ordinance, the DEVELOPER is eligible for reimbursement of the DEVELOPER's costs for the construction of Collection Line Extension; WHEREAS, it is to the best interest of the CITY that Collection Line Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026889 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by the City Council, from the Collection Line Trust Fund as per the Platting Ordinance, Section V.8.6.%2)(ii)(4)(a); and WHEREAS, DEVELOPER has submitted an application for reimbursement of the costs of installing the Collection Line Extension, see Exhibit 2, attached; 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 Collection Line Extension, in compliance with the CITY's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2410-150 M2010-111 05/18/10 N. M. Edificios,LLC INDEX D Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 2 of S 2. PLANS AND SPECIFICATIONS a. The DEVELOPER shall contract with a professional engineer, acceptable to the CITY's Development Services Engineer, to prepare plans and specifications for the Collection Line Extension, as shown in Exhibit 3, attached, with the following basic design: 1. Install 1242 linear feet of 10-inch PVC sanitary sewer collection line; 2. Install five 5-foot diameter fiberglass manholes; 3. Safety Trenching; 4. Rehab of one existing manhole with fiberglass liner; 5. One 10 inch waste water plug; 6. Approximately 1242 linear feet of dewatering; 7. One 5 ft. fiberglass manhole—extra depth; b. The Collection Line Extension must begin at the east property line of L&F Subdivision Lot 1 and extend west approximately 1242 feet to an existing manhole located on the west side of Clarkwood Road. From the existing manhole,the Collection Line Extension extends east along the future easement approximately 1242 linear feet and terminates at the east property line of L&F Subdivision, Lot 1. c. The plans and specifications must comply with CITY Standard Wastewater Detail Sheets and Standard Specifications. d. Before the DEVELOPER starts construction the plans and specification must be approved by the CITY's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the Collection Line Extension, DEVELOPER shall acquire and dedicate to the CITY the required additional utility easements ("Easements"), if necessary for the completion of the Collection Line Extension. If any of the property needed for the Easements is owned by a third party and DEVELOPER is unable to acquire the Easements through reasonable efforts, then the CITY will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES DEVELOPER shall pay to the CITY of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance for the area of the Collection Line Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Sanitary Sewer Collecti on Line Extension Construction and Reimbursement Agreement Page 3of8 DEVELOPER shall award a contract and complete the Collection Line Extension, under the approved plans and specifications, by June 30, 2019. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this AGREEMENT. If this AGREEMENT calls for review or inspections by the CITY, then the CITY's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. DEVELOPER fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. DEVELOPER's professional engineer fails to submit the plans and specifications to the CITY's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. DEVELOPER fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. DEVELOPER's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. DEVELOPER's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 30, 2011. f. Either the CITY or DEVELOPER otherwise fails to comply with its duties and obligations under this AGREEMENT. 9, NOTICE AND CURE a. In the event of a default by either party under this AGREEMENT, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 4 of 8 c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should DEVELOPER fail to perform any obligation or duty of this AGREEMENT, the CITY shall give notice to DEVELOPER, at the address stated herein, of the need to perform the obligation or duty, and should DEVELOPER fall to perform the required obligation or duty within 15 days of receipt of the notice, time CITY may perform the obligation or duty, charging the cost of such performance to DEVELOPER by reducing the reimbursement amount due DEVELOPER. e. in the event of an uncured default by the DEVELOPER, after the appropriate notice and cure period, the CITY has all its common law remedies and the CITY may: 1. Terminate this AGREEMENT after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the DEVELOPER under this AGREEMENT and charge the cost of such performance to DEVELOPER. DEVELOPER shall pay to CITY the reasonable and necessary cost of the performance within 30 days from the date DEVELOPER receives notice of the cost of performance. In the event that DEVELOPER pays the CITY under the preceding sentence, and is not otherwise in default under this AGREEMENT, then the AGREEMENT shall be considered in effect and no longer in default. f. In the event of an uncured default by the CITY after the appropriate notice and cure period, the DEVELOPER has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this AGREEMENT means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this AGREEMENT, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (1 0) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 5 of 8 11. NOTICES a.Any notice or other communication required or permitted to be given under this AGREEMENT must be given to the other Party in writing at the following address: 1. If to the DEVELOPER: N.M. Edificios, LLC 3904 North McColl Road McAllen, Texas, 78501 2. If to the CITY: CITY of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by this paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY-BENEFICIARY DEVELOPER's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the CITY is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS DEVELOPER shall require its contractor for the construction of the project, before beginning the work, to execute with DEVELOPER and the CITY a performance bond if the contract is in excess of$140,000 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. 14. WARRANTY DEVELOPER shall fully warranty the workmanship of and function of the Sanitary Sewer Collection Line and the construction of the Sanitary Sewer Collection Line for a period of one year from and after the date of acceptance of the facilities by the CITY Engineer. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 6 of 8 15. REIMBURSEMENT a. Subject to the appropriation of funds, the CITY will reimburse the DEVELOPER 100% of the reasonable cost of the Collection Line Extension, not to exceed $191,507.92. See attached cost estimate (Exhibit 4). b. The CITY agrees to reimburse the DEVELOPER on a monthly basis upon invoicing for work performed, The reimbursement will be made no later than 30-days from the date of the invoice. DEVELOPER shall submit all required performance bonds and proof of required insurance under the provisions of this AGREEMENT. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the CITY. The CITY agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this AGREEMENT is terminated by the CITY, as a result of an uncured default by the DEVELOPER, at a time when there has been a partial completion and partial payment for the improvements, then the CITY shall only reimburse DEVELOPER for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the CITY up to the time that there is an uncured default by the DEVELOPER. 16. INDEMNIFICATION DEVELOPER shall indemnify 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 the construction of the Sanitary Sewer Collection Line Extension by DEVELOPER. 17. COVENANT RUNNING WITH THE LAND This AGREEMENT is a covenant running with the land, L& F Subdivision Lot 1 , a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the AGREEMENT are binding on and inure to the benefit of the DEVELOPER's successors or assigns. 18. ASSIGNMENT OF AGREMENT This AGREEMENT or any rights under this AGREEMENT may not be assigned by DEVELOPER to another without the written approval and consent of the CITY's City Manager. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page T of 8 19. DISCLOSURE OF OWNERSHIP INTERESTS DEVELOPER further agrees, in compliance with the CITY Ordinance No. 17110, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. EFFECTIVE DATE This AGREEMENT becomes effective and is binding upon and inures to the benefit of the CITY and DEVELOPER, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this j ZZ--day of 11A�q , 2010. N.M. Edificios, LLC ("DEVELOPER") 3900 North McColl Road McAllen, Texas, 78501 By: Anthony LaMantia DEVELOPER THE STATE OF TEXAS§ COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Anthony LaMantia, DEVELOPER, N.M. Edificios, LLC, on behalf of the corporation. blicr Nota u , State of Texas LUPE OL KENO ' MY OOMMIS"EXPIRES I y 23,2013 Sanitary sewer Collection Line Extension Construction and Reimbursement Agreement Page 8 of 8 CITY of Corpus Christi ("CITY") 1201 Leopard Street(78401) P. O. Box 9277 Corpus Christi, Texas 78469 Telephone9361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: By: �i`✓ Armando Chapa Angel R. Escobar CITY Secretary CITY Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2010. by 'Angel R. Escobar, CITY Manager, CITY of Corpus Christi,4exas, a Texas home-rule municipal corporation, on behalf of the corporation. a a it ' L, GRA5z ti}¢Y pub Notary Public STATE OF TEXAS My Comm.Exp.05.07-2012 atary Public, State of Te s APPROVED AS TO FORM: ! day of , 2009 SI '4�'�C�AL1THnR1xED b01ther w n Assistant CITY A y For the CITY Attorney .ry SEORETARY/b�b - N �r W Wxx A � N u fu W T w F-•O 3 g5 s` 9s € 3 ! Lax S.g ¢r—� g a r�iicoi 1 a= $ fc cQi X33 i f11U �&3 ! F I QOC«ar N !� — -- y L — x j j � N a H .. U. jig' s-au�xvoo RCP ---- d •a PHL Z-421 j a S � s����: � IMP o1" 1 ' E a E3 � 2 I $ W ~g W E $cr S e g o y °a a l e B i g xSS�s o g � $ g r �gsS;Y z _ tL _% gyl 54a A � OR-0 Ess N =a ��g' :o nc°r mgsc°a = € a. i r LL Iz w Z 4p LU o a �W W Z •l• \ a � � F � � �X zzz LL i �lt`'M1• Om � �, F ♦ yy77 LL s --.. b —... �rs of W� � ,•`, ��O L IN z 1 ••g �,r, ��; !. i rn 1 Vf CA tz 0 w IJ z s `•. r , a 7d'11 - vii a x ' ` V al U 3 w` _ � n — 550 L � I` a;.. y; �nr k APPLICATION FOR SEWERLINE REIMBURSEMENT I,Anthony LaMantia developer of proposed L&F Subdivision Lot l Subdivision,hereby request reimbursement of$191.607.92 for the installation of the sanitary sewer main in conjunction with L& F Subdivision Lot l Subdivision,as provided for by City Ordinance No. Said $191,607.92 is the construction cost,including engineering cost,in excess of the lottacreage fee,as shown by the cost sup:nZnr7!�- III VJ 1 Iz 2 I� (Date) N.M. Edificios,LLC THE STATE OF TEXAS }{ COUNTY OF NUECES )( This instrument was acknowledged before me on 20Co ,by N N a Limited Liabi i Co oration on behalf of the said corporation. tug S G.�t�PI dhol . . Rz ' MY COAiMISSIOPI EXPIRES i-. Jdy 2%2013 Notary ublic An and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)sufficiency of funds in the Collection Line Trust Fund,and (b)appropriation and approval by the Ci Council. Development ervices Engineer (Date) Exhibit 2 W � 1 " i , a. i , J41 cl 1p H T ��[[[ YA ti r -is T1 Is I , Ir am OOOOJRFM Oif OOQIA7=I7'S GATE:Kc 11,20T4 aY:NC enepnven f mth4Q[M k Conpacsors W ECT' Lar owvboom New$vilel v Sae m p-wwft OJECT Nd 690142.40 PRELIMIN ESTIMATE OF PROBABLE CONSTRUCTION COST ARY item Ma on Qty Unit Unit Price 70tal Prig Sanita ry Swat Extension 1 1O"WR 26 PVC Wastewater Line(49-21-1 428 LF $130.00 $55,380. 2 10"$DR 26 PVC Wastewater Line 4T-W9' 493 LF 5715.00 $58,05.OD 3 10"SDR 26 PVC Wastewater Line 1F-17' 323 LF $100.00 $32,3oo. 4 1.242 LF $30.00 $37,281?. 5 Trench Se 1,242 LF $5.00 $6A10.00 6 5'Diaenete.r Fiberatass Manhole 5 EA 57,000.00 $35,000. 7 5'Diameter fiberglass Manhole Extra WO 50 VF $450.00 $22,600. 8 10"Wastewater EL22 1 FA 5750.00 $750. 9 Rehablidatnq Manhole 1 EA $5,000.00 $5,000. SCR LINT»SUB TOTAL $281,096.00 CONTINGENCIES 10% $25,109.510 CONSTRUCTION SUH TOTAL ;276,204.60 ENGINEERING DESIGN 8% $22,096-00 TOPOGRAPHIC SURVEY 2% $B 500'0 600.00 0 TESTING 1% $2 —PERMITS(I%) 2 500'{10 ADMINISTRATIVE$US TOTAL $33,096.00 PROJECT TOTAL $309,300.50 MAXIMUM AtLOWAtam REiMBURSEMEPT SECT V.8.6.F 2L_ 5239,509.90 LESS ACREAGE FEES '$47,901.98 TOTAL.REIMBURSEMENT REQUESTED $191,607.92 nia COCsiM W ISJKLEASW NA WORMATOKAL PLOUN ES LWXA THE A04MTr OF XM A.PMEH EL,RE/VDU,UH.taK FIRM NO F-M ON a"1.10 R Is"07 TO BE USED FOR ookMUOT".DQDoa PR PERWIT K W'OSES Exhibit 4 f�:WDA At[Iv1eGtS1060f 42.00 New 8tpidry Site knprnva[nerTfslCtTe1 Es5rne1eal'19 w1 S fm F'fOyoDed Es8ma193 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 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 definitions. FIRM NAME: N. M. Lt- STREET: oo Nf. m c cc o t Rd. CITY: t4 c)11a^ ZIP: CBS 0? 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 of 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 mare of the ownership in the above named"firm." Consultant CERTIFICATE I certify that all information provided Is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: fin}hon Title: CrYPe of Print) Signature of Certifying Person: Date: EXHIBIT DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent,trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts,proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm,such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT APPLICATION FOR WASTEWATER LINE CREDIT I, Anthony LaMantia , developer of proposed L & F Distributors Subdivision Lot 1 Subdivision, hereby apply for $ 47,901.98 credit towards the wastewater acreage fee for the installation of the collection wastewater line as provided for by City Ordinance No. $309,301.00 is the construction cost, including 8%Engineering,as shown by the cost supporting documents attached herewith. An ony LaMantia,Developer (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 5 l ,2010, by Anthony LaMantia. -------- - ------- - 4m-,If" �' 7r LUK a MOREW Notary P blic in and for the State of Texas W cOMMSSM EXPIRES ,Wy2%W13 saw CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$ 7 4 . is herewith a proved. k,4, /s /0 Juan Perales, .,P.E. (Date) Development Services Engineer Ordinance appropriating $191,607.92 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC, ("Developer") for the construction of the sanitary sewer collection line 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 $191 .607.92 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC ("Developer"), for construction of the sanitary sewer collection line improvements in accordance with the reimbursement agreement approved by the City Council on May 18, 2010 (Motion 2010-111) 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 day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor 0 AGENDA MEMORANDUM xi First Reading Ordinance Item for the City Council Meeting of July 9, 2013 1852 Second Reading Ordinance Item for the City Council Meeting of July 16, 2013 DATE: June 13, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Director Department of Development Services 361-826-3246 Approval of agreement and appropriating ordinance to reimburse Thomas S. Davis for the construction of a collection line CAPTION: Ordinance authorizing execution of a wastewater collection line extension and reimbursement agreement ("Agreement") with by Thomas S. Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Developer in accordance with Agreement. PURPOSE: Approval of the ordinance to reimburse the developer for the construction of an 8-inch wastewater collection line required to serve the proposed Lot 2, Block 1, Saxet Industrial. BACKGROUND AND FINDINGS: The developer, Thomas S. Davis, is developing an industrial tract of land to be known as Saxet Industrial, Block 1, Lot 2. The tract of land is located east of South Navigation Boulevard and south of Bates Drive. The developer needs to extend an 8-inch wastewater line from the northwest corner of the property, north along South Navigation Boulevard to an existing wastewater line in Bates Drive. The extension is approximately 380 linear feet. The Planning Commission approved the plat on February 15, 2012. As part of the requirement, the developer had to provide wastewater services to the subject property. ALTERNATIVES: None City Council Summary Thomas S. Davis Reimbursement Agreement Page 2 OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The construction of the 8-inch wastewater line is consistent with the Wastewater requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: The Department of Finance has reviewed the funds available from the Wastewater Collection Line Trust Fund and has verified that the monies are available for the requested reimbursement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $333,969.71 Encumbered / Expended Amount $274,112.53 This item $11,782.50 BALANCE $48,074.68 Fund(s): Comments: Encumbered amount does reflect proposed appropriation request by 5961 HWY 44, LLC of Lot 3 & Lot 4, Block 13, Airport Industrial Subdivision. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2013 CC AGENDA ITEMS\7-9-2013\SAXET INDUSTRIAL\AGENDA MEMO-SAXET INDUSTRIAL,WASTEWATER REIMBURSEMENT.DOC JA-D-E -T, Z. SUBJECT PROPERTY o D Miles 0 0.0750.15 0.3 San P.t"fcio.C T. N..—Bay Legend i PLANNING.CITYLIMITS corp, 6 Christi Pay "N Site Corpus Christi Bay N T itle WE Printing Date:10/22/2012 6W File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London Club Estates -t11 Blk4.mxd 00 Prepared By:MSS S — Do/ Illustrative purposes only. City Of Coordinate System: Corpus NAD 1983 StatePlane Texas South RIPS 4205 Feet ILOCATION MAP Christi City of Corpus Christi @ Development Services Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Thomas Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. NOW THEREFORE, 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 a waste- water collection line extension construction and reimbursement agreement ("Agreement") with Thomas Davis ("Developer") for the extension of an 8-inch wastewater collection line, including all related appurtenances, for development of Lot 2, Block 1 , Saxet Industrial, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $11,782.50 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for construction of the collection line in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_7 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_7 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 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Thomas Davis ("Developer/Owner"). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on February 15, 2012, to develop a tract of land, to wit: approximately 2.5 acres known as Lot 2, Block 1, Saxet Industrial, located on the east side of South Navigation Boulevard and south of Bates Drive, Corpus Christi, Nueces County, Texas ("Property"), as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of an application to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in the attached Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension, for and on behalf of the City, in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. Page 1 of 15 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install up to 383 but not less than 365 linear feet of 8-inch PVC pipe; 2. Install one (1) 4-foot diameter manhole; and 3. Install up to 383 but not less than 365 linear feet trench safety. b. The Wastewater Extension must begin at the northwest corner of the Property and extend north along the east side of South Navigation Boulevard approximately 365 feet to the existing wastewater line along Bates Drive. c. The plans and specification must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by November 30, 2013. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. Page 2 of 15 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by City Council. b. Developer/Owner's professional engineer falls to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before November 30, 2013. f. Either the City or Developer/Owner otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in Section 11, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. Page 3of15 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to Developer/Owner. The Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: Page 4 of 15 1. If to the Developer/Owner: Thomas Davis P. O. Box 248 Corpus Christi, Texas 78403 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street /78408 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving written notice of the change to the other party pursuant to the provisions of this section. 12. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is subject of this Agreement, execute a performance bond and a payment bond. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and the Development Services Engineer. Page 5 of 15 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the construction of the Wastewater Extension up to an amount not to exceed $11,782.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds, payment bonds, and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event this Agreement is terminated by the City at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS ('INDEMNITIEES') FROM ANY AND ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES, AND JUDGEMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXI MA TEL Y OR REMOTELY, WHOLLY OR IN PART, THIS AGREEMENT AND THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 2.5 acres known as Lot 2, Block 1, Saxet Industrial, Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. Page 6 of 15 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer/Owner and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals this day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Wes Pierson City Secretary Assistant City Manager APPROVED AS TO FORM: day of , 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney Page 7 of 15 DEVELOPER/OWNER: Th s avis STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on L4N-k- k , 2013, by Thomas Davis. N ary Pu Tic's Sign t - XAVIER CAI.VAN f+ MYG COMMISSION EXPIriES February 1,M17 ■■�������■���r�irrrr•�r���®®®■r■■■■srs®■r®®■■asps■�r�ir�■rr�rA■rrs�■■���srrrray Page 8 of 15 Mi IN- 13 1 LM 4 12M stj TA- IJ Page 9 of 15 ' APPLICATION FOR WASTE WATER REIMBURSEMENT Thomas Davis, P.O. Box 248, Corpus Christi, Texas 78403,developer of Saxet Industrial, Lot 2, Block 1, hereby requests reimbursement of$11,782.50 for the installation of the waste water collection line in conjunction with said lot as provided for by City Ordinance No. 17092. $45,121.25 is the construction cost, including 10%Engineering and Surveying, as shown by t o rfppo documents attached herewith. By: Thomas Davis State of Texas County of Nueces This instrument was acknowledged before me on �%sn 2� ,2013, by XAVIER QUAN ` J . ' MY COMMISSION WiRFB February 1,2017 otary P blic in nd for the State of Texas J CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by City Council, and (c) Thomas S. Davis acquiring title to Saxet Industrial, Lot 2, Block 1 r I /,J D velopment Services Engineer (Date) EXHIBIT 2 Page 10 of 15 APPLICATION FOR WASTE WATER CREDIT Thomas Davis, P.O. Box 248, Corpus Christi, Texas 78403,developer of Saxet Industrial, Lot 2, Block 1, hereby applies for$3,927.50 credit towards the waste water acreage fee for the collection line Extension in conjunction with said lot as provided for by City Ordinance No. 17092. $45,121.25 is the construction cost, including 10% Engineering and Surveying, a i lie cost supporting documents attached herewith. By: homas Davis State of Texas County of Nueces This instrument was acknowledged before me on Mcw 20 , 2013, by a. GJ�<,F Ugv,i wun \ A W Fyn: XAVIER GA LvA MY COMMISSION EXPIRES 17 N (Nota ub n_S d for the State of Texas �.N F t,20 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$3,927.50 is herewith approved. (3 --J--f 12171 I D velopment Services Engineer (Date) EXHIBIT 2 Page 11 of 15 zloz annr ova ,w:i�, wfgl ANN7 eldw� m.+.o�, IYJN:d'9�h]vj fix. -WULSrKH 23KYR j snaao �':J N Ri33 r, CV O R J•f10 kV 1 93M39 AUV.LNWS d A a n VAR old NaM��'s ��� oil p� ggad EELS kP' � �aF z $I a Vito RT 93 a � lei IXT @�� •] �; f BAIJQ 58�Og ! +fig •; .` E�! 'i i - _ jy� 3 �n its ?I I rig Hey -_._._ L I�. 9k west aea?T EXHIBIT 3 Page 12 of 15 Eng: Murf Hudson, P.E. Offsite Sanitary Sewer Extension Sept. 19, 2012 By: M.F.H. for Job No. 23241.B2.00 LOT 2, BLOCK 1 SAXET INDUSTRIAL SUBDIVISION ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 50/0 PRICE COST SANITARY SEWER IMPROVEMENTS: 1 8"PVC 10'-12'Cut 365 383 LF $42.00 $16,086.00 2 OSHA Trench Protection 365 383 LF $2.00 $766.00 3 Embedment 365 383 LF $15.00 $5,745.00 4 4' Diameter Manhole(10'-12'bee 1 1 EA $6,000.00 $6,000.00 5 Tie to Existing Manhole w/outside drop con. 1 1 LS $2,500.00 $2,500.00 6 IDewatering 1 1 LS $5,000.00 $5,000,00 SANITARY SEWER SUB-TOTAL: $36,097.00 Bonding, Insurance and Contingency: $5,414.55 Engineering Fee, Surveying and Administration: $3,609.70 TOTAL ESTIMATED IMPROVEMENTS COSTS: $45,121.25 MAXIMUM ALLOWABLE REIMBURSEMENT 50%of 8"line x$3927.50 acreage fee $15,710.00 Maximum Allowable Reimbursement $15,710.00 Credited Wastewater Acreage Fee $3,927.50 REIMBURSEMENT DUE $11,782.50 Urban Engineering 2725 Swantner Corpus Christi,TX 78404 1-361-854-3101 1 of 1 EXHIBIT 4 Page 13 of 15 SUPPLIER NUMBER TO BE ASSIGNED B Y-C1TY-- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi 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: Thomas Davis P.O.BOX: P.O.Box 248 STREET ADDRESS: CITY: Corpus Christi ZIP: 78403 FIRM IS: I. Corporation e 1 Partnership B 3. Sole Owner 4. Association S. 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) NIA NIA 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 NIA 3. State the names of each"hoard member"of the City of Corpus Christi having aii"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NIA NIA 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 NIA EXHIBIT 5 Page 14 of 15 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 fled 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: Thomas Davis Title: ch, . rvee )Type yr Print) Signature of Certifying Date: Person: -' 2° k3 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. EXHIBIT 5 Page 15 of 15 C'\DOCUMENTS AND SETTINGSUXGILOCAL SETTINGSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIY06DERS44WASTEWATER EXT COLLECTN AND REIMB AGMT TDAVIS SAXET INDUS VFINAL WKG 20130531(2).DOC 0 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 9, 2013 852 Second Reading Item for the City Council Meeting of July 16, 2013 DATE: June 27, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Authorize a five —year agreement with Tailwind CRP, LLC for operation of food and beverage concession at Corpus Christi International Airport and terminate existing lease with Game Time CAPTION: Authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind CRP, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. PURPOSE: Staff is recommending the termination of the existing lease with Game Time and approval of a five year lease agreement with Tailwind for operation of three venues at the Airport. The new agreement would provide for a full restaurant/bar venue as well as coffee and snack shops. It is Staff's position that the new venues would provide travelers and customers with a positive and enjoyable experience while at the Airport. BACKGROUND AND FINDINGS: The current concessionaire, Game Time, is in the eighth year of a ten-year concessionaire agreement. Airport Staff and the President of Game Time have had extensive discussion during the course of this year and have mutually agreed that Game Time would transition out of its operations at the Airport. The transition is consistent with Game Time's business plan and would also allow the Airport to incorporate the food and beverage concession into the overall marketing and re-branding of the Airport. In anticipation of the transition, the Airport and the City's Procurement Staff issued a Request for Proposal for operation of the non-exclusive food and beverage concession at the Airport. The RFP was released April 1, 2013 and was advertised in key publications. In addition, Airport Staff contacted several restaurateurs and caterers in the community to advise them of the upcoming bid and business opportunity. A pre-proposal meeting was held at the Airport and 11 prospective bidders attended. They were provided a tour of the terminal as well as a question and answer session to facilitate bids. Ultimately, three bids were received from Oakwells, Subway and Tailwind. Evaluation of the bids was conducted by a Selection Committee consisting of the Airport Board's Business Development Sub-Committee, the Assistant Director of Aviation, and the Airport's Finance and Administration Manager. Each member evaluated each proposal in depth in accordance with the criteria outlined in the RFP. The Selection Committee rated each firm in each category and the following matrix shows the median scores of each firm for each category. Following is the criteria and scores • Experience and Qualifications of Proposer • Management Plan for the Operation • Financial Projections and Initial MAG • Menu/Marketing Plan/Branding • Facility Utilization • Operating multiple venues • Transition Plan • Facility Concept and Investment Food & Beverage Concessions Proposal Review Decision Matrix Reviewer Oakwells Subway Tailwind Reviewer 1 252 31 262.5 Reviewer 2 263 0 262 Reviewer 3 231.25 82 233 Reviewer 4 285 201 270 Reviewer 5 264.5 194 277 Reviewer 6 379 278.5 379 Score 1674.75 786.50 1683.50 Tailwind was selected as the highest scoring and most responsive proposal. Tailwind operates at eight regional airports including Amarillo, Texas. In addition, they are eager to work with the City, Chamber of Commerce and other local organizations to promote the Airport as well as provide an extensive catering menu for parties wanting to utilize the Airport facilities for events. Tailwind also is committed to "buy local" where possible and hire local staff. ALTERNATIVES: No viable alternative exists except for the continuation with the current concessionaire. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This project complies with City Privatization Initiatives and City procurement and contracting policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Purchasing Finance FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $85,200 $585,000 $672,200 Encumbered / Expended Amount This item (additional revenue BALANCE $85,200 $585,000 $672,200 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Tailwind CRP, LLC - Lease Agreement Presentation Certification of Funds Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind Deli News and Gifts, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. Whereas, by Ordinance No. 026095, the City and Game Time entered into a ten year lease commencing April 10, 2005, (the "Original Lease") for the operation of a food and beverage concession at the Airport; Whereas, on April 1, 2013, the City issued a Request for Proposals for the operation of non-exclusive food and beverage concessions at the Airport, in response to which Tailwind was the winning proposer; Whereas, the City wishes to terminate the Original Lease, and enter into the Lease with Tailwind; 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 terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind Deli News and Gifts, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years, which agreement is on file at the City Secretary's office. Ordinance—Tailwind Lease 6-10-13 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 Ordinance—Tailwind Lease 6-10-13 AIRPORT FACILITIES LEASE AND CONCESSION AGREEMENT Corpus Christi International Airport Corpus Christi. Texas And Tailwind CRP, LLC August 15, 2013 i Table of Content RECITALS...............................................................................................................................................5 I. DEFINITIONS ....................................................................................................................................5 1.1 Airport................................................................................................................................................5 1.2 Director of Aviation............................................................................................................................5 1.3 Terminal .............................................................................................................................................5 1.4 Lease...................................................................................................................................................5 1.5 Liquor License....................................................................................................................................6 1.6 Premises..............................................................................................................................................6 1.7 Gross Revenue....................................................................................................................................6 II. USE OF AIRPORT FACILITIES....................................................................................................6 2.1 Operational Rights..............................................................................................................................6 2.2 Terminal Building Space and Equipment...........................................................................................7 2.3 Alcoholic Beverages...........................................................................................................................7 2.4 No Exclusive Right.............................................................................................................................7 2.5 Right of Ingress and Egress................................................................................................................7 2.6 Public Address and Paging System.....................................................................................................7 2.7 Parking................................................................................................................................................7 2.8 Limitation on Uses..............................................................................................................................8 III. OBLIGATIONS OF LESSEE.........................................................................................................8 3.1 Rentals and Charges ...........................................................................................................................8 3.2 Terms and Conditions of Payment......................................................................................................9 3.3 Maintenance and Cleaning of Premises and Equipment...................................................................11 3.4 Insurance...........................................................................................................................................12 3.5 Indemnification of City.....................................................................................................................13 3.6 Hours of Operation...........................................................................................................................13 3.7 Pricing ..............................................................................................................................................14 3.8 Lessee's Other Obligations...............................................................................................................14 3.9 New Government Regulation. ..........................................................................................................15 3.10 Recycling........................................................................................................................................15 3.11 Manager..........................................................................................................................................15 3.12 Maintenance of Liquor License......................................................................................................16 3.13 Security Requirements....................................................................................................................16 3.14 Lessee's Capital Improvements......................................................................................................17 IV. OBLIGATIONS OF CITY............................................................................................................17 4.1 Quiet Enjoyment...............................................................................................................................17 4.2 Maintenance and Utilities.................................................................................................................17 ii V. TERM ...............................................................................................................................................18 5.1 Term.................................................................................................................................................18 5.2 Option to Renew...............................................................................................................................18 5.3 Holding Over....................................................................................................................................18 VI. TERMINATION, SURRENDER AND DAMAGES...................................................................18 6.1 Termination by Lessee......................................................................................................................18 6.2 Default by Lessee. ............................................................................................................................19 6.3 Remedies of the City.........................................................................................................................20 6.4 Non-Waiver......................................................................................................................................21 6.5 Surrender of Possession....................................................................................................................21 6.6 Force Majeure...................................................................................................................................22 6.7 Damage or Destruction of Premises..................................................................................................22 VII. ASSIGNMENT AND SUBLETTING.........................................................................................22 7.1 Assignment and Subletting...............................................................................................................22 7.2 Successors to City.............................................................................................................................22 VIII. OTHER AGREEMENTS...........................................................................................................22 8.1 Rules and Regulations......................................................................................................................22 8.2 Lease Subordinate.............................................................................................................................23 8.3 Non-Discrimination. .........................................................................................................................23 8.4 Inspection by City.............................................................................................................................23 8.5 Service Entrances. ............................................................................................................................23 8.6 Improvements on the Premises.........................................................................................................23 8.7 Airport Concessionaire Disadvantaged Business Enterprise ............................................................24 8.8 Bankruptcy........................................................................................................................................24 8.9 Reservation of City's Rights.............................................................................................................25 8.10 Terminal Remodel and Reconfiguration.........................................................................................26 IX. MISCELLANEOUS PROVISIONS.............................................................................................26 9.1 Headings...........................................................................................................................................26 9.2 Time of Essence................................................................................................................................27 9.3 Attorneys'Fees..................................................................................................................................27 9.4 Non-Waiver......................................................................................................................................27 9.5 Limitation of Benefit ........................................................................................................................27 9.6 Severability.......................................................................................................................................27 9.7 Effect of Lease..................................................................................................................................27 9.8 Notices..............................................................................................................................................27 9.9 Governing Law and Venue...............................................................................................................27 9.10 Entire Agreement............................................................................................................................27 9.11 Nature of Relationship....................................................................................................................28 9.12 Modification of Agreement.............................................................................................................28 iii EXHIBIT A: Premises EXHIBIT B: Approved Menu and Prices EXHIBIT C: City's Equipment List EXHIBIT D: Lessee's Capital Improvements EXHIBIT E: Lessee's Equipment List EXHIBIT F: Insurance Requirements iv AIRPORT FACILITIES LEASE AND CONCESSION AGREEMENT CORPUS CHRISTI INTERNATIONAL AIRPORT This Lease and Concession Agreement is made effective as of August 15, 2013, between the City of Corpus Christi, a Texas home-rule municipal corporation("City"), and Tailwind CRP,LLC,a Delaware Limited Liability Company,having a principal address of 1740 Airport Boulevard, Suite 16, Wilmington, NC 28405 ("Lessee"). RECITALS The parties recite and declare that: A. The City is the owner and operator of the Corpus Christi International Airport ("Airport")in Nueces County, Corpus Christi, Texas; and B. The provision of high quality and reasonably priced food and beverage services at the Airport are desirable for the proper accommodation of passengers arriving at and departing from the Airport, as well as employees and visitors; and C. The City desires to make such services available at the Airport, and Lessee is qualified and able to perform such services under the terms of this Lease and Concession Agreement. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein, the City grants Lessee the rights set forth herein, subject to the terms and conditions set forth below, with which Lessee agrees to comply. I. DEFINITIONS As used in this Lease and Concession Agreement, defined words and terms shall have the following meanings: 1.1 "Airport"is the Corpus Christi International Airport located in Corpus Christi, Texas. 1.2 "Director of Aviation" means the Director of the Airport as may be designated by the City of Corpus Christi, or his or her designee. 1.3 "Terminal"is the Passenger Terminal Building at the Airport, as it now exists or may hereafter be modified or expanded. 1.4 "Lease" is this Airport Facilities Lease and Concession Agreement. Food and Beverage Concession Lease 6-20-13 Page 5 of 28 1.5 "Liquor License" shall mean a retail liquor license owned and held by Lessee, for the service of beer, wine and liquor in designated locations of the Premises. 1.6 "Premises" consists of exclusive-use space leased to Lessee as described in Exhibit A attached hereto. 1.7 "Gross Revenue"is the total amount of the actual sales price,whether wholly or partly for cash or on credit, of all sales of food, alcoholic and non-alcoholic beverages,merchandise and services and all other receipts of all business conducted in whole or part on or from the Airport; including all orders taken in or from the Premises, although said orders may be filled elsewhere; catering of aircraft at the Airport, regardless of where the food, beverages or merchandise are prepared or obtained; and sales by any authorized sublessee, sub- concessionaire or subcontractor in or from the Premises, and all without credit to Lessee for uncollected or uncollectible credit accounts. Each sale upon credit shall be treated as a sale for the full price in the month during which such sale shall be made,irrespective of the time when Lessee shall receive payment, whether full or partial, from its customer. There shall be excluded from gross revenue: 1.7.1 Any sums collected and paid out for any sales or other tax based on the sale of food, beverages and/or merchandise and required by law,whether now or hereafter in force,to be paid by Lessee or collected from its customers,to the extent that such taxes have been added to and included in the gross sales price, provided however, that any rentals due under this Lease shall not be considered a tax and shall not be added to the approved price of any items sold or to any customer's bill for the sale of such items; 1.7.2 Sales for which the food or beverages are later returned, to the extent of any refund or credit is given; 1.7.3 The entire amount of sales of food and non-alcoholic beverages to persons employed on the Airport, for which Lessee has granted and adequately documented a discount of Fifteen percent(15%)from the authorized price. IL USE OF AIRPORT FACILITIES 2.1 Operational Rights. Subject to the terms and conditions of this Lease, Lessee is granted the non-exclusive right to conduct and operate a food and beverage concession at the Airport in the Premises identified in this Agreement. 2.1.1 Lessee shall have the right to sell to the public in the Terminal, and to cater elsewhere on the Airport,the approved menu items identified on the attached Exhibit B, as may be amended from time to time upon request of Lessee and approval of the City, and such other or substitute or additional food and beverage items as may hereafter be approved by the City or its designee pursuant to Lease section 2.1.2. Food and Beverage Concession Lease 6-20-13 Page 6 of 28 2.1.2 Lessee shall sell permitted items only at the prices listed on the attached Exhibit B, as may be amended from time to time upon request of Lessee and approval of the Director of Aviation. Lessee shall make no changes to the price of any item on Exhibit B without first obtaining the prior written approval of Director of Aviation or designee. Lessee shall not make requests for price adjustments more often than twice in each calendar year, and shall make any such request on or before April 1 st and November 1st in the period prior to the year for which the price adjustment is requested. 2.2 Terminal Building Space and Equipment. The City shall deliver the Premises,fixtures, equipment and furnishings specified herein to Lessee as they are improved.Lessee shall accept the same "as is - where is." The City will have no obligation to alter or improve the same, except as expressly provided herein. In consideration for the rental set forth in section 3.1 below,the City grants Lessee use of the space identified in the attached Exhibit A consisting of approximately 5,139 square feet(the "Tailwind Space"), and related fixtures and equipment. 2.3 Alcoholic Beverages. 2.3.1 Lessee shall have the right to sell beer, wine and other alcoholic beverages (collectively"Alcoholic Beverages")in the Terminal, at the approved prices set forth on Exhibit B, as may be amended by the parties under paragraph 2.1.2 above. 2.3.2 Lessee shall take all reasonable steps to ensure that Alcoholic Beverages are sold, dispensed and consumed only on the Restaurant Space and Seating Area. The sale of package goods is prohibited. Lessee agrees to abide by all applicable laws, rules, and regulations existing or hereinafter enacted pertaining to the selling of Alcoholic Beverages. 2.4 No Exclusive Right. Nothing in this Lease shall be construed as granting Lessee any exclusive right to operate food, non-alcoholic beverage, or alcohol concessions at the Airport or in the Terminal. The City retains the right to enter into leases and/or agreements with others for the provision of food,non-alcoholic beverage,Alcoholic Beverage, or vending services in areas other than those set aside herein for Lessee's operations. 2.5 Right t of Ingress and Egress. Subject to the requirements of Section 3.13 below and the Airport's security plan as it now exists or may hereafter be amended, Lessee shall have at all times the full and free right of ingress to and egress from the Premises and facilities referred to herein for Lessee, its employees, contractors, agents, customers, guests and other invitees. 2.6 Public Address and Paging System. Lessee and others similarly authorized shall have the right to use the public address and paging system in the Terminal for paging, and similar purposes, at no charge subj ect to reasonable policies established by the Director of Aviation. 2.7 Parking. In common with all other Airport tenants, Lessee's employees shall be entitled to use Airport employee vehicle parking areas which are designated as such from time- Food and Beverage Concession Lease 6-20-13 Page 7 of 28 to-time, during times and on days when they are actively employed on the Premises, subject to such rules and policies as may be adopted by the Director of Aviation. If the City in its discretion establishes reserved parking spaces or areas for use by managers of Terminal tenants, then Lessee shall be assigned one (1) such parking space for its use. 2.8 Limitation on Uses. Lessee's uses of the Airport authorized and granted in this Lease shall be limited to providing services at the Airport expressly described herein, including a food and beverage service and activities reasonably necessary to support such activities. III. OBLIGATIONS OF LESSEE 3.1 Rentals and Charges. Lessee agrees to pay City,for the use of the Premises identified in Exhibit A, and for services and privileges granted under this Lease, the following: 3.1.1 An amount equal to twelve percent (12%) of all food, sundries and non- alcoholic beverages Gross Revenues and sixteen percent (16%) of all alcoholic beverages Gross Revenues, as defined in Section 1.7 herein. 3.1.2 Tenant shall pay the City a Minimum Annual Guarantee (MAG) equal to $117,000.00 for year one (1) or the actual percentage rent due as identified in 3.1.1 above,whichever is greater.Beginning in year two(2)and for each year thereafter,the annual MAG will be adjusted to an amount equal to eighty five percent(85%) of the previous year's actual Gross Sales. In no event will the MAG due be less than the first year MAG. In all years, Tenant shall pay the City the greater of the actual percentage rent due or the MAG. 3.1.3 Lessee shall pay the City each calendar month of the Lease Year and any exercised option term of this Lease,for Lessee's use of utilities for the Premises,which are separately metered,including but not limited to water and electricity. For metered utilities, Lessee will be billed by the City at the rate provided to the City, due upon receipt. Lessee shall arrange for and pay the cost of installation and usage of telephone service for the Premises, and any other utilities Lessee desires or requires for the Premises, which are not provided to the Premises as of the date of this Lease. 3.1.4 The parties recognize that the Airport operates to serve the public interest, no other food and beverage concession is currently located in the vicinity of the Terminal, and the City has an interest in assuring that food and beverage service is available to airline passengers in accordance with the terms of this Lease. Therefore, if Lessee materially fails to provide the service as required by this Lease, by violating the same Lease requirement on more than one occasion during any consecutive thirty(30) day period, the City shall be entitled to recover from Lessee, in addition to any other payments due under this Lease,liquidated Lease damages in the amount of$50 per day for each such violation, provided that the City gave Lessee written notice of the first Food and Beverage Concession Lease 6-20-13 Page 8 of 28 such violation in accordance with this section.For the third violation of the same Lease requirement during any consecutive thirty(30) day period, liquidated Lease damages shall be$100 per day per violation. The Director of Aviation shall provide Lessee with notification of the violation and the imposition of liquidated damages within 72 hours of the violation. Notices under this section shall be hand delivered to or left for Lessee's manager on the Premises in an envelope clearly marked "Notice of Lease Damage Assessment," with a copy sent first class mail to Lessee's address provided herein. Such liquidated damages shall be considered to be actual damages suffered by the City and not a penalty. Liquidated damages shall be due and payable by Lessee as additional rent in accordance with the provisions of section 3.2.1 of this Lease. Lessee may contest the imposition of liquidated damages by filing a written protest with the Airport Advisory Board within five (5)business days of hand delivery of such notice of violation,in which event the protest shall be heard by the Airport Advisory Board at its next regularly scheduled meeting, and payment of such Lease damages shall be stayed pending determination by the Airport Advisory Board. THE LIQUIDATED LEASE DAMAGES AUTHORIZED BY THIS SECTION SHALL BE IN ADDITION TO THE OTHER REMEDIES FOR DEFAULT DESCRIBED IN SECTION 6.3 BELOW, ANY OR ALL OF WHICH MAY BE EXERCISED BY THE CITY IN ITS DISCRETION. 3.1.5 If City has paid any sum or has incurred any obligation which Lessee had agreed to pay or reimburse City for, or if the City is required or elects to pay sum(s)or ensure obligation(s)or expense(s)by reason of the failure,neglect or refusal of Lessee to perform any of the conditions or agreements contained in the Lease, or as a result of an act or omission of Lessee contrary to said conditions and agreements, Lessee shall pay the City the sum(s) so paid or the expense(s) so incurred, including all interest, costs, damages and penalties, and the same may be added to any installment of the fees and charges thereafter due hereunder. 3.2 Terms and Conditions of Payment. 3.2.1 On or before the 15th day of each month(or if that day shall fall on a Saturday, Sunday or holiday, the following business day), Lessee shall furnish the Director of Aviation a statement of Gross Revenues received under section 3.1.1 above for the previous month, and shall simultaneously pay the City amounts due thereunder. If any such statement and/or the Gross Revenue payment is not furnished and/or made to City by the date due, Lessee shall pay City an additional $100.00 or 2.5% of such Gross Revenue for that month,whichever is less, as a late fee, and not as liquidated damages or penalty. All such payments shall be made by Lessee to City without notice or demand at its offices in the Terminal. 3.2.2 Payments due under section 3.1.3 above shall be paid in advance, shall be due on the first day of the month, and shall be paid to the City not later than the fifteenth (15th) day of said month. Food and Beverage Concession Lease 6-20-13 Page 9 of 28 3.2.3 If any fee or charge is not paid within thirty(30)calendar days of the due date, Lessee, in addition to the late fee described in section 3.2.1 above, shall pay default interest equal to 1-1/2%per month on the unpaid balance, accruing from the date due until paid. 3.2.4 Notwithstanding the term expiration date set forth in sections 5.1 or 5.2, on or before the 30th day of January in each year of any term of this Lease, and the year following expiration of the term (or if that day shall fall on a Saturday, Sunday or holiday, the following business day), Lessee shall furnish City a statement of Gross Revenue,un-audited expenses and other information on Lessee's operations from the immediately preceding Lease year on such forms as the Director of Aviation may reasonably require. All information provided by Lessee, other than its statement of gross revenues,which Lessee believes to constitute confidential financial information, shall be clearly and conspicuously designated as such by Lessee, and the City agrees to keep such information confidential to the maximum extent permitted by law and not to release such information to any third party unless ordered to do so by a court of competent jurisdiction. If any third party seeks access to such information, the City agrees to promptly give notice to Lessee. 3.2.5 Lessee shall, during the Term,retain and have available on the Premises or at a location made known to City for a period of twenty four (24) consecutive months following the end of each month during the Term,complete and accurate records of all purchases and sales of food and beverages, all expenses and costs of operation, all revenue derived from business conducted on or from the Airport for such month, all original sales records and sales slips or sales checks, cash register tapes and other pertinent original sales records. Lessee shall ensure that records shall easily distinguish between or separately identify alcoholic beverage sales, and sales to customers outside the Terminal. 3.2.6 The City shall have the right at any reasonable time, and upon reasonable notice, to examine all records maintained by Lessee under subsection 3.2.5 of this Lease and to have an audit prepared, at City expense, by an independent Certified Public Accountant. Provided, however, that in the event there is a discrepancy in excess of five percent(5%)of Gross Revenues between Lessee's statements,required by subsections 3.2.1 and 3.2.4 of this Lease, and such independent audit,Lessee shall bear the cost of such audit. 3.2.7 Lessee shall prepare a description of its cash handling and sales recording systems and equipment, which shall be submitted to the City or its designee for approval. When so approved, such systems and equipment, including any approved revisions, shall be utilized by Lessee in its operations at the Airport. 3.2.8 Lessee shall accurately record each sale on a point of sale register system acceptable to the City, which acceptance shall not be unreasonably withheld. Such systems and equipment shall be non-resettable and sufficient to supply an accurate Food and Beverage Concession Lease 6-20-13 Page 10 of 28 record of all sales, on tape or otherwise. Such register shall have a display visible to the customer. 3.3 Maintenance and Cleaning of Premises and Equipment. Except as expressly provided to the contrary herein,Lessee shall clean and maintain the Premises and Equipment,including but not necessarily limited to the following: 3.3.1 Ensuring that trash generated by its operations, within the Premises, shall be disposed of promptly and properly in containers designated by the Director of Aviation, emptying trash containers located on the Premises as required,during regular business hours, and not permitting such trash containers to overflow or to remain so full as to be unusable, and otherwise at the request of the Director of Aviation made to Lessee's manager. 3.3.2 Cleaning and maintaining the Premises, including but not limited to its flooring, walls, counters, furniture, interior glass, fixtures, and equipment installed therein and thereon, all in good order, condition and repair, in clean condition and appearance at all times, and otherwise at the request of the Director of Aviation made to Lessee's manager, and upon termination of this Lease delivering up the Premises to the City in good order, condition and repair, normal wear and tear excluded. Lessee shall also bus and clean tables in the Premises as needed, and vacuum and/or mop as appropriate the floors of the Premises not less than daily. 3.3.3 Establishing an adequate preventative maintenance program for the Premises which shall be subject to periodic review by the Director of Aviation. The program shall include, without limitation, the cleaning of the Premises doors/gates inside and outside, cleaning and repair of all floors, interior walls, ceilings, lighting, decor, and Equipment located on the Premises as identified in Exhibit E, and the routine maintenance of all such Equipment. Regardless of Lessee's compliance with its preventive maintenance program, Lessee shall clean such surfaces and equipment on the Premises immediately upon being instructed to do so by the Director of Aviation or by other governmental agencies having authority. Notwithstanding the above,the City shall provide major maintenance for the Equipment furnished by the City, and may replace Equipment that becomes unserviceable following consultation with Tenant, both upon notice from Lessee that the same is necessary, and City agreement, which shall not be unreasonably withheld. 3.3.4 Repairing and maintaining all piping and plumbing from the wall out and within the Premises, assuming responsibility for all material deposited in the plumbing system from the Premises, and inspecting the grease trap at least monthly and cleaning and maintaining it as necessary. Any damage caused to the Terminal as a result of lack of maintenance as outlined will be billed back to Tenant and due and payable upon demand without the ability to contest. Food and Beverage Concession Lease 6-20-13 Page 11 of 28 3.4 Insurance, Performance Bond and Indemnity. 3.4.1 Liability Insurance. Lessee must secure and maintain at Lessee 's expense during the term of this Agreement,a Commercial General Liability Insurance policy with the limits and requirements shown on the attached and incorporated as Exhibit F. The Certificate of Insurance must be sent to City's Risk Manager and Director of Aviation and must provide thirty(30) days written notice of cancellation,intent not to renew or material change of any coverage required herein.Lessee will provide copies of all insurance policies to the City Attorney upon the City Manager's written request. The amount of all required Insurance policies is not deemed to be a limitation on Lessee's agreement to indemnify and hold harmless City, and in the event Lessee or City becomes liable in an amount in excess of the amount or amounts of the policies, then Lessee must save City harmless from the whole liability. City shall have no liability for any premiums charged for such coverage, and the inclusion of City as a named insured is not intended to, and shall not, make City a partner or joint-venturer with Lessee in its operations at the concession Premises. 3.4.2 Future Insurance Requirements. Lessee and City understand and agree that the minimum limits of the insurance herein required may become inadequate,and Lessee agrees that it shall increase such minimum limits upon receipt of notice in writing from City. 3.4.3 Adjustment of Claims. Lessee shall provide for the prompt and efficient handling of all claims for bodily injury,property damage or theft arising out of the activities of Lessee under this Agreement. 3.4.4 Conditions of Insurance Default. City may terminate this Agreement in accordance with this agreement if Lessee fails to consistently maintain said insurance levels. 3.4.5 Performance Bond. A Performance Bond,conditioned on performance of all of the Lessee's covenants set forth in the Agreement,in the amount equal to the first year's minimum annual guarantee as defined in Section 3.1.2 herein, will be required from Lessee and shall be renewed annually and remain in effect for the entire term of the Agreement. The Performance Bond shall be(i)issued by a companylicensed to conduct business in the State of Texas;(ii)in the form approved by the City;(iii)payable to City of Corpus Christi,Aviation Department and(iv)delivered to the Office of the Director of Aviation. In the event of cancellation of the Performance Bond,and Lessee's failure to provide substitute financial guarantee first approved by the Director within 15 days from the date of the cancellation, then such failure is a substantial default by Lessee. Food and Beverage Concession Lease 6-20-13 Page 12 of 28 3.4.6 INDEMNITY. Lessee agrees to indemnify, protect, defend, and hold harmless the City, and any successors, assigns, agents, officers, directors, employees, and affiliates of City, (collectively referred to herein as "indemnitees")for,from,and against any and all liabilities, damages,claims, suits, losses, causes of action, liens, judgments, and expenses (including court costs, attorneys' fees, and costs of investigation) of any nature, kind or description arising or alleged to arise by reason of injury to or death of any person or damage to or loss of property (1) occurring on, in, or about the Leased Premises, or (2)by reason of any other claim whatsoever of any person or party occasioned or alleged to be occasioned in whole or in part by any act or omission on the part of Lessee or any invitee, licensee, employee, director, officer, servant, Contractor, or subcontractor, or (3) by any breach, violation, or non-performance of any covenant of Lessee under this Agreement (collectively referred to herein as "liabilities"), even if such liabilities arise from or are attributed to the concurrent negligence of any indemnitee. The only liabilities with respect to which Lessee's obligation to indemnify the indemnitees does not apply is with respect to liabilities resulting solely from the negligence or willful misconduct of an indemnitee.If any action or proceeding shall be brought by or against any indemniteein connection with any suchliability or claim,Lessee,on notice from City,shall defend such action or proceeding, at Lessee's expense, by or through attorneys reasonably satisfactory to City. The provisions ofthis paragraph shall apply to all activities of Lessee with respect to the Leased Premises, building or complex, whether occurring before or after the commencement date of the Agreement Term,or before or after the expiration or termination of this Agreement. Lessee's obligations under this paragraph shall not be limited to damages, compensation, or benefits payable under insurance policies, workers' compensation acts, disability benefit acts, or other employees' benefit acts. The terms of this provision shall survive the termination of this Agreement to the extent any such damage occurs prior to such termination. 3.5 Hours of Operation. Lessee hereby covenants and agrees, that with respect to operations authorized under this Lease, Lessee shall be open for business seven (7) days a week including all Holidays, during the following hours: Main Restaurant/Bar: 10:00am-last scheduled departure Coffee venue: 4:30am- 1:30pm Snack Shop: 6:00am-6:00pm 3.5.1 The City may grant exemptions from the schedule set forth above,if the City in its discretion determines that as a result of unanticipated circumstances, such hours of operation are not necessary to serve the traveling public. 3.6 Pricing. Lessee shall charge fair,reasonable and not unjustly discriminatory prices for each unit or service provided on the Premises. "Reasonable prices" shall be judged primarily Food and Beverage Concession Lease 6-20-13 Page 13 of 28 by comparison with those for concessions at airports of comparable character under similar conditions, with due consideration for length of seasons, availability and costs of labor and materials, a reasonable rate of return on capital invested, and other factors affecting pricing at the Airport. Initial prices to be charged shall be those set forth in Exhibit B. Thereafter, the operator may submit requests to the Airport Advisory Board to adjust prices twice annually pursuant to section 2.1.2 above. Final and continuing approval of prices vests in the Director of Aviation. Lessee may make reasonable and nondiscriminatory discounts, rebates or other similar price reductions to volume purchasers. 3.7 Quality of Foods and Beverages. All foods and beverages offered for sale by Lessee must be of high quality and comparable to first class food and beverage facilities of a similar type in the Corpus Christi area. The Director of Aviation shall determine if Lessee is providing the quality of food and beverage service acceptable at the Airport. 3.8 Lessee's Other Obligations. Lessee hereby covenants and agrees that with respect to operations authorized under this Lease, it will provide the highest quality of service and product to the public. Lessee covenants and agrees that: 3.8.1 it will operate the Premises for the use and benefit of the public and furnish service on a fair, equal and not unjustly discriminatory basis to all customers; 3.8.2 it will obtain the prior approval of the Director of Aviation of all items offered for sale by Lessee from the Premises; 3.8.3 it will offer an employee discount of Fifteen percent(15%)to all airport tenants City employees, and airline employees with respect to food and non-alcoholic beverages; 3.8.4 it will provide and install sufficient additional fixtures, furniture and equipment, if necessary to meet reasonably anticipated public demand for service offered; 3.8.5 it will provide, maintain, train and supervise a staff of employees adequate at all times to fulfill their obligations under this Lease; 3.8.6 it will obtain and maintain all necessary certificates required by the Texas State Board of Health and any and all other permits and licenses required for its operations hereunder; 3.8.7 it will display only advertising matter advertising the authorized business of Lessee at the Airport, which must be in good taste and is compatible with Terminal d6cor, and will obtain the prior approval of the Director of Aviation of all advertising material, including the use of brand name products on its packaging, which approval shall not unreasonably be withheld; Food and Beverage Concession Lease 6-20-13 Page 14 of 28 3.8.8 at all times Lessee's employees performing services shall be neat,appropriately attired, clean and courteous; Lessee shall not permit its contractors, agents or employees so engaged to conduct business in a loud, noisy, boisterous, offensive or objectionable manner, to smoke on duty in public view or while preparing food, or to solicit business outside the Premises in any manner whatsoever except through the use of authorized signs; 3.8.9 it will meet all expenses in connection with the use of the Premises and the rights and privileges herein granted, including without limitation, taxes, permit fees, license fees and assessments lawfully levied or assessed upon the Premises or structures and improvements situated thereon, and that it will secure all such permits and licenses; 3.8.10 it will not interfere with free access and passage in the space described in section 2.2.3 or in the Terminal generally; will not interfere with effectiveness of heating or ventilating systems; except in connection with section 3.13 it will not install locks on any door or window, a key to which has not been provided to the Director of Aviation; will not permit loitering or sleeping on the Premises; nor do any act which would invalidate, suspend or increase the rate of fire, property or liability insurance required by this Lease or carried by the City; and 3.8.11 it will operate at the Airport only under the name Tailwind, Jetstream Burger Bar,Boarding Time Burritos, Co-Pilot Coffee,Tailwind Bistro, or such other name or names approved by the City from time to time. 3.9 New Government Regulation. In the event City is required to make additional direct expenditures in connection with the implementation of any future federal regulation imposed upon City as a result of Lessee's operation during the term of this Lease, City may call a conference for the purpose of discussing and determining methods of compliance and recovery from the City and affected Lessees of costs so incurred, and Lessee and City agree to attend and negotiate in good faith regarding its participation in recovery of such costs by all involved parties. 3.10 Recycling. Lessee shall provide separate receptacles by which its customers may recycle wastes generated in the Premises. Lessee shall make a good faith effort to recycle,but at a minimum shall cause waste of cardboard, glass,plastic and newspapers generated by and in conjunction with its operations to be deposited so as to reasonably assure its recycling. 3.11 Manager. Lessee shall select and appoint a person or persons who shall serve as manager(s) of Lessee's operations at the Airport. Such person(s) must be vested with full power and authority to accept service of all notices provided for herein, including those regarding the quality and prices of foods and beverages and the appearance, conduct and demeanor of Lessee's agents and employees. A manager or assistant manager shall be available during regular business hours, either on the Premises or by telephone. Food and Beverage Concession Lease 6-20-13 Page 15 of 28 3.12 Liquor License. 3.12.1 Lessee shall take all reasonable actions necessary to maintain the Liquor License in continuous and full force and effect; shall submit renewal applications on a timely basis to renew the Liquor License; and, shall hold and operate the Liquor License in accordance with all applicable federal and state laws and regulations,during the entire term of this Lease and any exercised option terms hereof, all at its own cost and expense. 3.12.2 Lessee shall at all times be qualified and capable of holding and renewing the Liquor License and performing the alcoholic beverage services required under this Lease. If Lessee shall be deemed unqualified or incapable of performing such alcoholic beverage services under applicable regulation of law, or by determination of a regulatory agency having jurisdiction,the same shall constitute a default hereunder if not remedied within thirty (30) days following receipt of written notice. 3.13 Security Requirements. 3.13.1 Lessee shall provide approved escort for vendor employees and delivery personnel requiring access to the secure area of the Terminal. 3.13.2 Lessee shall comply with any applicable provisions of the City's Airport Security Plan(ASP) Security Directives issued by TSA, and any applicable rules and regulations which may be promulgated by TSA from time to time, which have been provided to Lessee ("Security Requirements" hereinafter). Lessee shall submit to inspections by TSA, the City and/or their security screening contractor, to ensure compliance with Security Requirements. 3.13.3 Any violation of conformance with Security Requirements will be documented in writing and a copy of the violation notice provided to the Lessee's Manager in writing. Lessee will investigate the violation and provide a written response and/or corrective action within twenty four (24) hours. A copy of the response will be provided to the City. 3.13.4 To the extent that any action or omission by Lessee,its officers or employees, to follow Security Requirements results in the City being fined, including any type of monetary assessment or penalty (collectively, a "Fine"), by TSA or any other governmental entity having jurisdiction,Lessee shall promptly reimburse the City for any such Fine, together with the reasonable costs incurred by the City in defending against the proceeding or actions which has resulted in the Fine. The City shall notify Lessee if any such Fine has been proposed, and give Lessee the opportunity to join in the defense of any such proceeding. Lessee shall promptly pay any Fine levied directly against Lessee by TSA or any other governmental entity having jurisdiction, no later than five (5) days after any protest or appeal process have run or the time for taking them has expired. Food and Beverage Concession Lease 6-20-13 Page 16 of 28 3.13.5 Lessee acknowledges that all products delivered and transported to the secure portion of the Terminal are subject to inspection. All Lessee employees, officers and escorted visitors in the secure area of the Terminal are subject to search, and may be required to provide appropriate credentials. 3.13.6 Lessee acknowledges that all Security Requirements which are shown or provided to it under paragraph 3.12.3 above, are sensitive security information("SSI") in accordance with 49 CFR Part 1520, that Lessee and any involved persons are required to protect the same from unauthorized disclosure, and that civil penalties may be imposed for failure to do so. The Lessee's general manager(the "Manager")is the designated primary point of contact for receiving any SSI which Lessee receives. The Manager will acknowledge receipt of S SI to the City, and confirm any actions taken by Lessee as required by the SSI. All SSI materials shall be stored in secured areas, or locked in secured cabinets, within the Lessee's Premises at the Airport. Materials marked as containing SSI shall be disposed of by shredding. 3.14 Lessee's Acquisition Requirements. As set forth in paragraph 2.2 above,the City shall deliver the Premises,fixtures, equipment and furnishings specified herein to Lessee as they are improved. As set forth in paragraph 2.2.7 above, the City shall also provide the equipment and furnishings identified in Exhibit C. IV. OBLIGATIONS OF CITY 4.1 Quiet Enjoyment. The City covenants that upon paying the rent and performing the covenants herein contained,Lessee shall peacefully and quietly have,hold and enj oy the rights granted herein for the agreed term. 4.2 Maintenance and Utilities. 4.2.1 During the term of this Lease, the City shall maintain and keep in good repair so much of the Terminal Building, not identified in section 2.2 above, as is not under the exclusive control of individual lessees, in accordance with applicable laws, rules and regulations. 4.2.2 The City shall also be responsible for washing the outside of exterior windows. 4.2.3 The City shall provide dumpsters or similar containers into which trash collected from Lessee's normal operations, and other Airport operations may be deposited, and shall arrange and pay for at its expense the periodic collection of the same. Food and Beverage Concession Lease 6-20-13 Page 17 of 28 V. TERM 5.1 Term. Subject to earlier termination as hereinafter provided, the primary term of this Lease shall be for five (5)years commencing on August 15, 2013. 5.2 Option to Renew. The term of this Lease shall automatically renew for one option period of three (3) additional years, unless the City notifies Lessee in writing at least six (6) months prior to expiration of the primary term of its intent not to exercise the Option. In the event the City notifies Tenant of its intent not to exercise the Option term, Lease shall terminate upon expiration of the primary term. 5.3 Holding Over. Holding over or failure to vacate the Premises at the end of the primary or any renewal term shall not be construed to be the granting or exercise of an additional term, but shall create only a month-to-month tenancy under the other terms and conditions of this Lease, which may be terminated by either party upon thirty (30) days' notice to the other. VI. TERMINATION, SURRENDER AND DAMAGES 6.1 Termination by Lessee. Lessee shall have the right, upon written notice to City, to terminate the Lease upon the happening of one or more of the following events if said event or events shall then be continuing: 6.1.1 The issuance by any court of competent jurisdiction of any injunction, order or decree which remains in force for a period of at least ninety (90) days, preventing or restraining the use by Lessee of all or any substantial part of the Premises, or preventing or restraining the use of the Airport for normal airport purposes or the use of any part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport. 6.1.2 If City shall materially default in fulfilling any of the terms, covenants or conditions to be fulfilled by it under this Lease and shall fail to cure said default within thirty (30) days following receipt of written demand from Lessee to do so, or if such default shall reasonably take more than thirty (30) days to cure, City shall not have commenced the same within the thirty(3 0)days and diligently prosecuted the same to completion. 6.1.3 If all or a material part of the Airport or the terminal building shall be destroyed by fire, explosion, earthquake, other casualty, or acts of God or a public enemy. 6.1.4 If the United States Government or any of its agencies shall occupy the Airport or any substantial part thereof to such an extent as to interfere materially with Lessee's operation for a period of thirty (30) consecutive days or more. 6.1.5. If all commercial air service is suspended at the Airport for a period of more than thirty (30) days. Food and Beverage Concession Lease 6-20-13 Page 18 of 28 6.2 Default by Lessee. The following shall be considered an act of default by Lessee under this Lease: 6.2.1 Failure by Lessee to make any payment due hereunder within fifteen (15) calendar days after written notice of the past due payment is sent to Lessee, 6.2.2 Failure by Lessee to conduct business at the Airport for a period of seven (7) consecutive days without reasonable cause including,but not limited to, strikes,work stoppage and equipment failures. 6.2.3 Material default in the performance of any covenant or agreement in this Lease required to be performed by Lessee, other than the payment of money, and the failure of Lessee to remedy such default for a period of thirty(3 0)days after receipt from the City of written notice to remedy the same, or if such default shall reasonably take more than thirty(30) days to cure, Lessee shall not have provided the City with documents evidencing such cure, and commenced the same within the thirty (30) days and diligently prosecuted the same to completion. 6.2.4 The occurrence of any actor omission by the Lessee resulting in suspension or revocation of Lessee's ability to provide liquor service under the Liquor-License for a period exceeding thirty (30) days, or any default under said License by Lessee. 6.2.5 Failure to maintain and/or submit adequate records of its business and gross receipts at the Airport, as required by sections 3.2.4 or 3.2.5 of this Lease. 6.2.6 An act occurs which results in the suspension or revocation of any right,power, license, permit or authority necessary for the conduct and operation of Lessee's business authorized herein for a period of more than fifteen (15) days. 6.2.7 The interest of Lessee under this Agreement is transferred, passes to or devolves upon,by operation of law or otherwise, any other person,firm or corporation without the prior written consent of the City which consent shall not be unreasonably withheld. 6.2.8 An attachment or execution is levied, a receiver is appointed, or any other process of any court of competent jurisdiction is executed, which is not vacated, dismissed or set aside within a period of thirty(30)days, and which does, or as a direct consequence of such process will, interfere with Lessee's use of the Premises or with its operations under this Lease. 6.2.9 Lessee becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors,or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state, or consents Food and Beverage Concession Lease 6-20-13 Page 19 of 28 to the appointment of a receiver, trustee or liquidator of all or substantially all of its property or its property located within the Premises. 6.2.10 Lessee fails to provide services and/or products required to be provided under this lease for any period which, in the reasonable opinion of the City, materially and adversely affects the public interest at the Airport. 6.2.11 Any lien is filed against the Premises because of any actor omission or Lessee and such lien is not removed, enjoined or a bond for satisfaction of such lien is not posted within thirty (30) days. 6.2.12 Lessee voluntarily abandons, deserts, vacates or discontinues its operation of the business herein authorized, including by acts described in the section above. 6.3 Remedies of the City. Upon the occurrence of any event of default under section 6.2 above,the City shall have the right at any time thereafter to pursue one or more of the following remedies with or without notice or demand. Pursuit of any remedy shall not preclude pursuit of any other remedy or any other remedies provided by law, nor shall pursuit of any such remedy constitute a forfeiture or waiver of any rents due to the City hereunder or of any damages accruing to the City by reason of the Lessee's violation of any term,condition or covenant of this Lease.All property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease,any and all exemption laws are hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien is not a waiver of any statutory or other lien given or which may be given to the City but is in addition thereto. Lessee agrees that if it defaults,the City Manager may, on thirty(3 0)days' prior written notice, 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 provided herein. Lessee further agrees to hold harmless from and indemnify the City including its officers, agents, and employees against any loss or damage or claim arising out of the City's action in collecting monies owed it under this paragraph,except for any loss,damage,or claim caused by the willful misconduct of the City or its employees. 6.3.1 Terminate this Lease, in which event Lessee shall immediately surrender the Premises to the City, and if Lessee fails to do so,the City may,without prejudice to any other remedy which it may have for possession or arrearage in rents,enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying the Premises or any part thereof,without being liable for prosecution or any claim for damages therefore. Lessee agrees to pay to the City on demand the amount of all loss and damage which the City has suffered by reason of such termination,up to the date of such termination. 6.3.2 Without terminating this Lease, enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying the Premises, without being liable for prosecution or any claim for damages therefore, and re-let the Food and Beverage Concession Lease 6-20-13 Page 20 of 28 Premises and receive rents therefrom. Lessee agrees to pay the City on demand any deficiency that may arise by reason of such re-letting. 6.3.3 Enter upon the Premises, without being liable for prosecution or any claim for damages therefore, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse the City on demand for reasonable expenses which the City may incur in effecting compliance with Lessee's obligations under this Lease, and Lessee further agrees that the City shall not be liable for any damages resulting to the Lessee from such action. 6.3.4 Demand that payment for any amounts due be made by certified check,cashier's check or money order. 6.3.5 Draw upon the Performance Bond described in Section 3.4.5 herein in satisfaction of any past-due amounts hereunder,to be drawn monthly on the last day of each month after such termination,for a period of time not to exceed one year, or until the Premises are re-let to a replacement tenant, whichever event occurs sooner. 6.4 Non-Waiver. No condoning, excusing or overlooking by the City of any default or breach by Lessee at any time or times in respect of any covenant, provision or condition contained in this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or nonobservance, or so as to defeat or affect such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the City, except only an express waiver in writing. All rights and remedies of the City under this Lease shall be cumulative and not alternative. 6.5 Surrender of Possession. 6.5.1 On the expiration or other termination of this Lease as provided herein, Lessee's rights to use of the Premises, facilities and described herein shall cease and Lessee shall vacate the Premises without unreasonable delay. 6.5.2 Except as otherwise provided in this Lease, all equipment and other personal property brought or placed by Lessee in, on or about the Premises shall be deemed to be personal property and shall remain the property of Lessee. Lessee shall have the right at any time during the primary term or exercised option term of this Lease, and for an additional period of 10 days after the expiration or other termination of this Lease, to remove any or all of such personal property from the Premises, subject, however, to Lessee's obligation to repair all damage, resulting from such removal, normal wear and tear excepted. Any and all personal property not so removed by Lessee shall become a part of the Premises and title thereto shall vest with the City. The City may, however, at its option, require and accomplish the removal of said personal property at the expense of Lessee. Food and Beverage Concession Lease 6-20-13 Page 21 of 28 6.6 Force Maj eure. Neither the City nor Lessee shall be deemed in violation of this Lease if it is prevented from performing any of its obligations hereunder, other than the payment of rent or possession of statements, by reason of strikes, boycotts, labor disputes, embargoes, shortage of aircraft or fuel or tires as the direct result of governmental decree,acts of God,acts of the public enemy, acts of superior governmental authority, weather condition, riots, rebellion, sabotage or any other circumstances for which it is not responsible and which is not under its control. 6.7 Damage or Destruction of Premises. 6.7.1 In the event the Premises are substantially destroyed for any reason,this Lease shall terminate without further liability to the City, other than refund of any prepaid rent, unless the City elects, within thirty (30) days thereof, to restore or rebuild the Premises,in which case this Lease will be suspended until the Premises are restored or rebuilt, and if applicable, a Certificate of Occupancy issued. 6.7.2 In the event that the Terminal is damaged or remodeled in such a manner that the Premises or any part thereof must be temporarily removed,Lessee may, subject to City approval, relocate the Premises or such part thereof or may remove the same temporarily during such repair or remodeling. 6.7.3 Notwithstanding any of the foregoing,in the event any damage or destruction is caused by a negligent act or omission by Lessee,its sub-lessees,contractors, agents or employees,Lessee shall reimburse the City for its actual costs incurred in repairing the Premises. Nothing in this Lease shall be construed as a waiver of the right of the City to recover damages from Lessee arising out of the fault or negligence of Lessee. VII. ASSIGNMENT AND SUBLETTING 7.1 Assignment and Subletting. Lessee shall not at any time assign, sublet or subcontract its rights under this Lease without the written consent of the City, which consent shall not be unreasonably withheld. No such assignment, subletting or subcontracting shall release Lessee from its obligations to pay any and all of the rentals and charges and to otherwise perform Lessee's obligations under this Lease. No partial assignment or subletting of Lessee's rights under this Lease shall be permitted, unless such assignment is to an ACDBE pursuant to the requirements of section 8.7 below. 7.2 Successors to City. The rights and obligations of the City under this Lease may be assigned by the City, at the option of the City,without the necessity for the concurrence of the Lessee in any such assignment. VIII. OTHER AGREEMENTS 8.1 Rules and Regulations. Lessee agrees to observe and obey all laws, ordinances, rules and regulations presently existing or hereafter promulgated with respectto Lessee's operations Food and Beverage Concession Lease 6-20-13 Page 22 of 28 and use of the Airport and Premises. Nothing herein shall limit the right of Lessee to challenge any rule or regulation, or the application of such rule or regulation to Lessee. A current copy of which will be kept on file in the Director's office and available to Lessee during normal business hours. 8.2 Lease Subordinate. 8.2.1 The City shall be free,in the future,to renegotiate the Agreement on such terms and conditions as it deems appropriate and in the public interest,without any consent or approval of Lessee or any other person, and Lessee shall be bound by the terms of such renegotiated agreement. 8.2.2 This Lease shall be subordinate to any existing or future agreement between the City and the United States relative to the operation or maintenance of the Airport,the execution of which has been or may be required as a condition to the expenditure of federal funds for development of the Airport. 8.3 Non-Discrimination. Lessee, in its operations at and use of the Airport, shall not, on the grounds of race, color,national origin or sex, discriminate or permit discrimination against any person or group of persons in any manner prohibited by applicable law; shall abide by the provisions of the non-discrimination provision contained in the Agreement;and shall abide by the provisions of Part 21 of the Rules and Regulations of the Office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964. 8.4 Inspection by CitX. The City,through its authorized employees and agents, shall have the right at all reasonable times to enter upon the Premises to inspect, to observe the performance by Lessee of its obligations hereunder, and to do any act which the City may be obligated to do or have the right to do under this Lease, or under any other agreement to which the City is a party or under applicable law. As to the non-public portions of the Premises, except in the event of emergency the City shall give Lessee prior notice of such inspections. 8.5 Service Entrances. The City shall have no obligation to provide any special service entrances,including those for utilities, other than those which presently exist in the Terminal. 8.6 Improvements on the Premises 8.6.1 Lessee shall provide construction plans, specifications,budgets and schedules for any and all improvements which it proposes on the Premises. Such plans and specifications shall be subject to City approval, which approval shall not be unreasonable withheld. The City may reject submissions which are not in accordance with applicable codes, rules, regulations, ordinances and statutes, and which, in its judgment, are inadequate or incompatible with Airport conditions or inconsistent with Airport architectural style and design or with uses not typically made of public use airports. Food and Beverage Concession Lease 6-20-13 Page 23 of 28 8.6.2 Prior to any construction of improvements,Lessee shall submit to the Director of Aviation certificates establishing coverage for workers compensation in the amounts and form required by Texas law, together with all permits and licenses required for construction of such improvements. 8.6.3 Any and all improvements placed or constructed on the Premises by Lessee shall,upon expiration of the primary or an exercised option term,or sooner termination of this Lease,be considered part of the Terminal and shall become the sole property of the City. 8.7 Airport Concessionaire Disadvantaged Business Enterprise "ACDBE"). 8.7.1 It is the policy of the City that disadvantaged business enterprises, including firms owned and controlled by minorities and/or women as defined in 49 C.F.R. Part 23, shall have maximum opportunity to participate in the performance of its leases. 8.7.2 In the performance of this Lease,Lessee hereby assures that no person shall be excluded from participation, denied benefits or otherwise discriminated against by Lessee in connection with the award and performance of any contract,including leases, covered by 49 C.F.R. Part 23 on the grounds of race, color, national origin or sex. 8.7.3 Lessee assures that it will include Sections 8.7.1 and 8.7.2 in all City approved subleases and cause all sub-lessees to similarly include clauses in further subleases. 8.8 Bankruptcy. Notwithstanding anything herein to the contrary,and the maximum extent permitted by applicable law and applicable court orders, in the event that a petition for relief under Title 11 of the United States Code or under any similar or successor federal, state, or local statute is filed by or against the Lessee (a"Filing"): 8.8.1 Lessee shall give the City immediate written notice of the Filing; Lessee will promptly confirm the outstanding amount of any obligations hereunder due the City as of the date of Filing; and Lessee will fully and timely perform all obligations arising hereunder commencing as of the date of the Filing. 8.8.2 Thereafter, Lessee will promptly determine whether it intends to assume or reject the unexpired term of this Lease, if any, and shall promptly advise the City of such determination; and Lessee will not seek to delay the date by which it will make the determination under this subsection and obtain any necessary third-party authorization (including court approval) therefore beyond the 60th day following the date of the Filing without the prior express consent of the City. 8.8.3 If Lessee determines that it wishes to assume this Lease, the Lessee will cure all defaults, compensate the City for all damages incurred as a result of such defaults, provide the City with adequate assurances of future performance,and comply with any and all other statutory or legal requirements prior to the effective date of such assumption. Food and Beverage Concession Lease 6-20-13 Page 24 of 28 8.8.4 If Lessee determines that it wishes to assume this Lease and assign it to a third- party, Lessee will give the City not less than sixty(60)days' notice of such intention, provide to the City all pertinent information with respect to the proposed assignee concurrently with the notice, cure all defaults, compensate the City for all damages incurred as a result of such defaults, provide the City with adequate assurances of future performance through the proposed assignee and comply with any and all other statutory or legal requirements prior to the effective date of such assumption and assignment. 8.8.5 If Lessee wishes to reject the unexpired term of the Lease, if any, Lessee will not seek to have the effective date of such rejection determined to be a date earlier than the date on which Lessee shall return control and possession of the Premises to the City in the condition and on the terms set forth herein relevant to the redelivery of possession to the City, and shall fully and timely pay all rent and other charges through the date of such rejection. 8.8.6 Lessee shall be deemed to have expressly consented to the modification of the stays of proceedings in any Filing in the event of any post-Filing default by the Lessee under the terms of this Lease for the purpose of allowing the City to exercise any default rights or remedies arising from such default. 8.9 Reservation of City's Rights. Notwithstanding anything herein to the contrary,the City reserves the following rights: 8.9.1 For the use and benefit of the public, the right of flight for the passage of aircraft in the air space above the surface of the Premises, together with the right to cause in that air space such noise as may be inherent in the operation of aircraft utilizing the Airport. 8.9.2 During time of war or national emergency,the right to lease the Airport or any part thereof, including the Premises or any part thereof, to the United States Government for military purposes, and,in the event of such lease to the United States for military purposes, the provisions of this Lease shall be suspended insofar as such provisions may be inconsistent with the provisions of the lease to the United States. 8.9.3 The right to direct all activities of Lessee at the Airport in the event of an emergency. 8.9.4 The right to grant other leases, licenses, permits or rights to occupancy or use of the Airport so long as such other grants do not unreasonably interfere with or impair Lessee's rights hereunder or Lessee's occupancy or use of the Premises,and the right to direct changes in the way Lessee conducts its Airport operations in the event that the City determines,in the exercise of its reasonable judgment,that one or more aspects of Lessee's method of operation is unreasonably interfering with the lawful and proper Food and Beverage Concession Lease 6-20-13 Page 25 of 28 occupancy or use by others of the Airport. Provided, that this reserved right is not intended to allow the City to deny Lessee the basic right to use the Premises for any of the uses permitted hereunder. 8.9.5 The right to further develop and/or improve the Airport as the City deems appropriate, without interference or hindrance by Lessee, and the City shall have no liability hereunder to Lessee by reason of any interruption to its operations on the Premises occasioned by such development and/or improvement of the Airport; provided, that if Lessee shall be unable to conduct reasonably normal business operations on the Premises by reason of any such development and/or improvement of the Airport,then rent and other fees payable by Lessee hereunder shall be subject to an equitable adjustment during the period of such interruption. 8.10 Terminal Remodel and Reconfiguration. The parties acknowledge that the City operates the Airport to serve the public interest and must accommodate many activities in a limited space. In the event that during the term of this Lease, the City determines that the public interest requires modification of the Terminal,which would eliminate or modify all or any part of the Premises, or the City constructs a substitute Terminal Premises, then to the extent reasonably requested by the City, Lessee agrees to consult and cooperate in the design of substitute Premises in such a remodel; and 8.10.1 At the City's option, and providing that any such substitute Premises are not less in square footage than the current Premises, this Lease shall apply to such substitute Premises and Lessee agrees to conduct its operations therein pursuant to this Lease 8.10.2 The City shall bear all reasonable costs of relocation of Tenant to such substitute location and moving, reinstalling or replacing the Lessee Improvements, provided, however, that the City shall have no liability to Lessee with respect to any business interruption or loss as a result of such relocation 8.10.3 If either party does not elect to continue operations in such substitute Premises under this Lease, then either party may terminate this Lease upon one hundred eighty (180)days written notice of its intention to do so,provided,however,that Lessee,if it is not in default in any of the terms and conditions of this Lease, shall have the first right of refusal with respect to any proposed contract or lease for similar food and beverage service in the modified Terminal building. IX. MISCELLANEOUS PROVISIONS 9.1 Headings. The section headings contained in this Lease are for convenience in reference and are not intended to define or limit the scope of any provision. Food and Beverage Concession Lease 6-20-13 Page 26 of 28 9.2 Time of Essence. Time is of the essence in this Lease. 9.3 Attorneys'Fees. Lessee agree to pay reasonable legal fees or costs incurred by City,to the extent the City is a prevailing party in any legal action brought by the City to enforce the provisions of this Lease. Lessee shall not be responsible for such fees or costs if a court of competent juri sdiction finds that City's action was brought without substantial merit or in bad faith. 9.4 Non-Waiver. Waiver by either party of or the failure of either party to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future. 9.5 Limitation of Benefit. This Lease does not create in or bestow upon any other person or entity not a party to this Lease any right, privilege or benefit unless expressly provided in this Lease. This Lease does not in any way represent, nor should it be deemed to imply, any standard of conduct to which the parties expect to conform their operations in relation to any person or entity not a party. 9.6 Severability. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent juri sdiction shall be considered deleted from this Lease,but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the City or Lessee in their rights and obligations contained, in valid covenants, conditions or provisions. 9.7 Effect of Lease. All covenants, conditions and provisions in this Lease shall extend to and bind the successors of the parties hereto, the assigns of the City and to the permitted assigns, sub-lessees and/or subcontractors of Lessee. 9.8 Notices.Notices and demands provided for herein shall be sufficient if hand delivered to Lessee's manager on the Premises; sent by Certified Mail, Return Receipt Requested, postage prepaid; or sent via nationally recognized overnight courier service; to the addresses set forth above or to such other addresses as the parties may from time to time designate in writing. Notices given in accordance with these provisions shall be deemed received when hand delivered, and if not hand delivered on the day after they are mailed or deposited with the courier service. 9.9 Governing Law and Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, and any action to enforce or interpret its provisions shall be brought in a court in and for Nueces County, Texas. 9.10 Entire Agreement. This Lease, together with its Exhibits, embodies the entire agreement between the parties hereto concerning the subject matter hereof and supersedes all Food and Beverage Concession Lease 6-20-13 Page 27 of 28 prior conversations,proposals,negotiations,understandings and agreements,whether written or oral. 9.11 Nature of Relationship. Nothing contained herein shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership,joint venture, or any association between the City and Lessee,it being expressly understood and agreed that neither the method of computation of rent nor any other provisions contained in this Lease nor any acts ofthe parties hereto shall be deemed to create any relationship between the City and Lessee other than the relationship of landlord and tenant. 9.12 Modification of Agreement. This Lease may not be altered, modified or changed in any manner whatsoever except by a writing signed by both parties. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] IN WITNESS WHEREOF, the parties have executed this Lease on the dates stated below, effective as of the day and year first above written. CITY of CORPUS CHRISTI Attest: By: Armando Chapa Ronald L. Olson City Secretary City Manager Date.- 12013 CONCESSIONAIRE: Tailwind CRP, LLC By: Alan Giaquinto, President Date: (0 2013 Page 28 of 28 Food and Beverage Concession Lease 6-20-13 0 M rn� �(n ............. T x O O O %O O �0 O W Cn T� N� --------�qq� 111 1 A W 3L.., s DEPARTMENT OF AVIATION "' SOTIOSCALE G � PFFP lFF.I)13Y': EXHIBIT "'A" CEISBRUNO cr TAILRVTND rr 117-. vl_TOa c;oNZ v�z / U-17-13 CORPUS CHRISTI INTERNATIONAL AIRPORT 2013 r",' oEz I n 0 cry 2 i uo n 0 _ moo°— m 3 � W i,. {� I? 3 V/ ■ ........... ........................ t S£.... .... „'.. . 4 j ......... (.00 cf) ;;o cn Dr n m 0 rq n a s DEPARTMENT OF AVIATION NOT-1 O SCALE G � PFFP lFF.I)13Y': EXHIBIT "A" CRrSBRUNO TAILVIND rr 117-. vl_TOa c;oNZ v�z / (1(07-13 CORPS CHRISTI INTERNATIONAL AIRPORT 2013 ''°`�� zoEz EXHIBIT B MENUS r ✓ r �az� ` s t� y91gI i r Yrdl>,d k'(i 9. r ; x F u..�-1,rr �'r+� f f "�'' r z' �-'lrr�ci`✓ {t't { � z✓f T r £ri� r✓'�tr2, r,. 4 �; G ,'✓✓ �r „%as �UY r. . ✓' y f�°^ ?l3Yy ,rte y £:� �`3 r` ✓ld� �yr'flx �rz?�y�ri '$sl�h� r!n �� '� � a 5 �r�lz?r r{'';r ���lr� Y({ ?sr�r✓r,;!Sr a r Gr vs �� x�✓ 'r� >z rrr rr hl s { �.> r r v t ' ca rz, { 3 r Egg, American cheese and Your ,3'U RRI To Choice of Bacon or Sausage Shredded Beef car Chicken, Scrambled �z 1' Eggs, Monterey Jack Cheese tEa1�`;�. ,-31YRr?" 'sFt�- 1+�- ,.,,�, _. and Salsa in a Flour Tortilla Gi � i r✓ x ,%�J�s,��zr��l�fl. i,��{��". ANIVI` I , ^ A Large Croissant with Eggs, = Y rri'±`fi trr s "-�S's ,'?Jr�s�,a�371 tz5}r� zxt Your Choice of Pleat and Choria, Scrambled Eggs, Roasted Red Cheddar cheese Peppers, Monterey Jack and Cheddar Cheese, Salsa and Green Onion Served 1111 1A can Two Flour Tortillas Corn Tortillas Pieces Crisped in Oil with anion and Green Chile Pepper %I/V f`.',RI f 0 iv,LIVRI T<% $7-95 then Scrambled with Eggs, Monterey Scrambled Eggs, Monterey Jack and Jack and Cheddar Cheese Tapped Cheddar Cheese, Chorizo and Salsa with Salsa and Green Onion in a Fkc ur Tortilla w r, tom'°...ra P .,z BR..,.AR.z`AA $7-95 Scrambled Eggs and Your Choice of Bacon or Sausage and ifs Wheat Vast or Biscuit ICKEN L�l f,u ®� as e e a'. a t R, r M >, S 0 P d� 15- d5 rggmgg + Y (t 17 TIA 1✓.3�'�f �� s�if17 ''` Z r- r � " r S � e2'r"�l� Z it � t�'� s'%-�r �8�. 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Combos Cheddar Cheese Pretzel M&M Plain Planters Peanuts Combos Cheddar Cheese Cracker Payday I Quaker Chewy Granola Bar Cracker Cheez-It Ong Reese's PB Cups Energy" Cracker Cheez-It Cheddar Jack Reese's Pieces Cliff Energy Bar Beat Naked Trail Mix Choc Chrr Skittles Cliff Molo Bar Bear Naked Trail Mx PcnAppIFIX Snickers Powerbar Bear Naked Trail Mix Cmbr Prt Starburst Zone Bars Cracker Cheez-It Original Twix Refrigerated Goods Cracker Chm-It Double Chs Gums and Ben and terry's Wholesome Medley Dentyne Ice Choco Taco Sensible Medley Dentyne Fire Giant ice Cream Sandwich California Almond. Extra Spearmint sC Cone NS Cluster Almond Crunch Extra WIntermint tce Cream Candy Bar Chex Mix Traditional Extra Blast Klondike Chex Mix Cheddar Orb!tSweetmint Magnum Bars Gardetto's Rye Roasted Garlic Orbit Arctic Ice Orerr Gardetta's Original Orbit Peppermint Reeses Ice Cream Fritos Chips Corn Drill XVL Orbit Wintergreen Toasted Almond Bar Peanuts Chipatle Big Bag Trident Ice Yoplait Yogurtfmultiple flavors, Planters Peanuts Ory Roasted Trident Spearmint Dannon Yogurt(multiple flavors! Trail Mix Nut&Chocolate Trident Bad I Hummus and Pita Chips Trail Mix Nut/Seed/Raisins Altoids Peppermint Lifesavers PepOmint Bag Big Red Gummy Bears Juicy Fruit Fruit Berries/Cherry FrtSnack Ice Breaker Fruit Strawberry Snacks Lifesavers Fruit Mixed Snacks Tic Tacfreshmint Ralsbrets Peg Bag Spree Chewy Peg Bag Cheetos Starburst Original Peg Pack Fritos Starburst Gummibursts Peg Doritits(multipte M&M's Milk Choy Peg Pack Ms.Vickies(muftiple flavors) M&M's Peanut Peg Pack Bold Gold Pretzels M&M*s Peanut Butter Peg Pack Sunchips(multiple flavors) Skittles Original Peg Pack Misc Cookies.Crackem.Ban Starburst Original Peg Pack Famous Amos Reese's PB Cup Mini Peg Pack Kam Sweet and Salty Trail Mix Twizzlers Strawberry Kellogs Nurri Grain Twizzlers Cherry Nibs Nature Valley(multiple flavors) Good&Plenty Nip Cheese Crackers Jolly Rancher Assorted Peg Bag Toasty Crackers Reese's Pieces Peg Bag Planters Peanuts Quaker Chewy Granola Bar EXHIBIT C City's F & B Services Equip 14 compartment bar sink w/ drain boards w/hand washing sink w/ speed rack 2 SS bar sink with ice cooler drain board w/ speed rack with Coke bar gun 1 SS bar sink with ice cooler w/drain board 1 10 ft S/S table with built in ice cooler Pepsi dispenser w/under counter shelves 120 ft S/S island 1 Serve Well 3-vat steam table 3 Dynamic Cooking System 3 ft flat top grill 04FO6182A/ 01c005284 1 Dynamic Cooking System 3 ft char grill 94h08034a 1 Dynamic Cooking System 4 burner gas stove with oven 1 built-in S/S table with single vat sink 1 built-in 3 compartment sink with drain boards 1 10 ft S/S table 1 S/S table with built-in cup dispenser 1 Vulcan 35 pound fryer 48-149480 1 5 ft S/S table and hood system with Ansul system 2 S/S 4 compartment sink with drain board 1 5 ft S/S table with vegetable washing sink 1 10 x 20 Koo1Co walk-in refrigerator 16 ft hood with Ansul System Page 1 of 1 Exhibit C to Tailwind Lease C C O O CO O C C O © © O Ln O N Q c�0 Q. LA M M UD O •v rl en G Q q Q O O G O O Q e t, D LLn Ln Ln O LOA O 1� N N Ln 1� rl rf� zog Y e-1 M m f' C Q M Q O O O O! O O O C; O O O O O O 0 O O O O O C LA LA to O LA > N 1� N N Ln N O O V N O O O O O O pop Q O O i O' O r o Lri Ln n O oil� H l W �a L cc mmmm 3� H a G r. tr3�r�;3y: L V W L C' J to bQ N w ? 7r fir( m .� m M is, f'l V 47 GJ N •� Q w tai N \ Q tw x `5gg1's Fir OJ ++ .a A O CL a f N 4-0 V cr�' •c O O tw #. `w O +.' EXHIBIT F INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee shall not commence business under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. B. Lessee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises— Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned LIQUOR LIABILITY $1,000,000 Per Occurrence WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' All States Endorsement if Lessee is not domiciled COMPENSATION ACT AND PARAGRAPH 11 OF THIS In Texas. EXHIBIT. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee 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 EXHIBIT F 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. B. Lessee's financial integrity is of interest to the City; therefore, Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555-Fax # D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy which requires a waiver of subrogaton. • 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 Lease Agreement 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 EXHIBIT F any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to discontinue sales 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 operations covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 Insurance Requirements Aviation Department Food and Beverage Concessionaire RFP 4/1/2013 ds Risk Management CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 9, 2013 Agenda Item: Authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind CRP, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. Amount Required: $ Fund Name Account No. Fund No. Org. 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IQ <� �� f3 f$f� �� � /� �� �� /��$ ���� r���� O `%�'� 3'�� ,`;,//r�`,,71 �/ �r�7� //�� i �{fE /it��� f 4l3 r i }} l t ���� /rtt� ���} �l it r��i i �� ���� �ye lI�1; l/��Z� �1�� !'I��„ %�f��f� <:<� �} ;,���3 `����� i` �# t��}, r � lr�� �f� �,��� ��� }£��� °%���� s ��f' ' r ��f� /���� / ��� ;Dl��t} . J� ��.��FIL ftiI / .f3.�' 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of August 20, 2013 DATE: June 17, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP@cctexas.com (361) 826-3082 Ordinance —Amendment to LEASE AGREEMENT RE: Nina, between the City of Corpus Christi and the Columbus Sailing Association. CAPTION: Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. PURPOSE: The purpose of this item is to amend LEASE AGREEMENT RE: Nina, between the City of Corpus Christi and Columbus Sailing Association. BACKGROUND AND FINDINGS: In 2001 the City of Corpus Christi undertook limited maintenance of replicas of the 15th Century Spanish sailing vessels, Nina, Pinta, and Santa Maria. In 2006, Spain gifted the ships to the City. In 2009 the CSA contacted the City requesting to repair, restore and maintain the three Columbus Ships. After considerable community discussion, Council directed staff to prepare a lease agreement with the CSA. In April 2010, Council approved LEASE AGREEMENT RE: Nina, with the CSA to repair, restore and maintain the Nina, as Phase One in a five phase plan. The lease agreement was for a term of 15 years. The lease agreement also specified that requirements regarding Phase Two through Phase Five would be addressed in future agreements or amendments to LEASE AGREEMENT RE: Nina, at a later date. Upon completion of all five phases, the City would transfer ownership of ships to the CSA. In March 2013, the CSA requested that the City amend the existing lease to remove CSA's obligations associated with the Pinta and Santa Maria in order to allow them to focus on restoring the Nina. The major elements of this amendment to LEASE AGREEMENT RE: Nina include: • Providing additional funds and a completion deadline for Phase One. • Providing specific rules, regulations and requirements for Phase Two. • Eliminating the repair, restoration and maintenance of Pinta and Santa Maria, from Phase Three. • Providing an opportunity for the CSA to salvage items from the Pinta and Santa Maria to be used in the restoration of the Nina. • Providing for the allocation of funds from the sale of additional lead ballast from the Santa Maria to the CSA for costs associated with the repair and restoration of the Nina. • Deleting Phase Four and Phase Five. ALTERNATIVES: None that staff would recommend OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms with legal policies. EMERGENCY/ NON-EMERGENCY: Non-emergency Ordinance shall be read at two regular meetings of the council and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Ordinance shall become effective upon the expiration of sixty days following the date of its final adoption by the council. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $8,8001 1 $8,800 BALANCE $8,8001 1 $8,800 Fund(s): General Fund RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance - Amendment: LEASE AGREEMENT RE: Nina Contract—Amendment: LEASE AGREEMENT RE: Nina CoF* - Amendment: LEASE AGREEMENT RE: Nina Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. Section 1. That the City Manager or designee is authorized to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina. Section 2. That $8,800 of revenue is appropriated in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina. Section 3. That the FY 2012-2013 operating budget adopted by Ordinance No. 029565 is changed by increasing revenues and expenditures by $8,800 each. Section 4. The effective date of this ordinance is 60 days following final adoption by the City Council. 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. 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 Amendment: LEASE AGREEMENT RE: Nina STATE OF TEXAS § COUNTY OF NUECES § This amendment is made to the Lease Agreement: RE Nina entered into by and between the CITY OF CORPUS CHRISTI, a Texas Home-Rule Municipal Corporation, and the Columbus Sailing Association, a Texas 501(c) 3 Nonprofit Corporation. All other terms and conditions that are not hereby amended are to remain in full force and effect. It is mutually understood and agreed by and between the undersigned contracting parties to amend that previously executed agreement. TERM AND PAYMENT OF RENT: The lease term for the Nina shall be the "Lease Term" set forth in the original lease agreement. In lieu of payment, CSA agrees to maintain the Nina. RENEWAL: Upon mutual agreement between both parties, CSA shall have the option to renew this lease for a period of 15 years under the same terms and conditions as contained in the original lease agreement with amendments. CSA shall give City written notice of CSA's intention to renew at least 90 days prior to the expiration of this lease. SEVERABILITY: If any article, section, subsection, paragraph, sentence or clause of this Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement. If any change occurs during the term of this Agreement with respect to any laws, rules, regulations or ordinances which affect the rights or obligations of CSA or the City under this Agreement, CSA and the City shall negotiate in good faith to bring this Agreement into conformance with such change or changes. PHASE ONE The repair, restoration, and maintenance of the Nina ADDITIONAL CITY PAYMENT FOR REPAIR: The CITY shall pay an additional $8,800 to CSA for the cost associated with the repair and restoration of the Nina, which includes finishing the main deck caulking, setting the mizzen mast on the upper deck, bringing down the foremast and bowsprit to refurbish, replacing the foredeck, refurbishing the foremast & bowsprit, replacing the cap rail on starboard side, cutting notches into the main mast for pulleys & shrouds, removing the old main mast, setting a new main mast, and removing the anchors. The CSA is also to purchase four mooring cleats with bolts for the mooring location. The funds may be used to pay for labor and equipment. The funds may be used for insurance cost during phase one. CSA will provide paid invoices to the CITY to account for the funds. COMPLETION OF PHASE ONE: Phase one is to be completed within 365 days from execution of this agreement. Upon completion of restoration of the Nina, CSA will notify the City in writing of completion of phase one. Completion of phase one will begin phase two. PHASE TWO Staging facilities to conduct Nina operations Page 2 of 7 PLAN FOR FUNDING: Within 90 calendar days of the entering phase two, the CSA will provide the CITY an up to date itemized plan for funding with evidence of actual monetary commitments or materials that will be donated to the CSA for maintenance and operation of the Nit~ia. CSA will provide the CITY with an updated itemized plan for funding with evidence of actual monetary commitments or materials in 90 calendar day intervals following initial itemized plan. If the CITY finds that the actual monetary commitments or materials is insufficient to continue phase two, the CITY shall notify the CSA in writing of this deficiency. Deficiency may occur due to credibility of commitment or shortage of commitment. In the notice, the CITY shall identify the deficiency in actual monetary commitments or materials. The CSA has 90 calendar days from the date of notification to obtain actual monetary commitments or materials in the amount of the deficiency illustrated by the CITY. REQUIRED INSURANCE: As a condition of phase two, the CSA shall obtain, carry and pay the premiums for the insurance of the types and in the limits stated below in the inserted provisions. The CSA shall include the CITY as an additional named insured party on all insurance policies required. The CSA coverage must also include both paid employees and unpaid volunteers. INSURANCE REOUIREMENTS I. COLUMBUS SAILING ASSOCIATION'S LIABILITY INSURANCE A. Columbus Sailing Association 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 Columbus Sailing Association must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Columbus Sailing Association must furnish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a waiver of subrogation is required for the Workers' Compensation policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required on Per occurrence 1 aggregate limit all certificates Commercial General Liability to include $300,000 per occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Personal Injury & Advertising Injury 7. Fire Legal Liability Page 2 of 7 Page 3 of 7 Business Auto Liability to include Hired and Non- $300,000 Combined Single Limit owned Auto Liability Commercial Property CSA is responsible for their own insurable interests in their property and equipment Workers' Compensation to include volunteers Which complies with the Texas. Workers (Applicable if any paid employees) Compensation Act and Section. II of this exhibit Employers Liability to include United States Longshore and Harbor Workers Act $500,000,1$500,000/$500,000 USL&H Protection&Indemnity(P & I) $ 300,000 per occurrence Including Hull Current value of NINA $100,000 C. In the event of accidents of any kind, Columbus Sailing Association must furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. II. ADDITIONAL REQUIREMENTS A. As stated in Section I-B, Table, Columbus Sailing Association must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Columbus Sailing Association will be promptly met. B. Columbus Sailing Association shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at its' sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they -apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Columbus Sailing Association 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. Columbus Sailing Association shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: Page 3 of 7 Page 4 of 7 City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Columbus Sailing Association agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten(10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Columbus Sailing Association shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Columbus Sailing Association's lease agreement 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. i F. In addition to any other remedies the City may have upon Columbus Sailing Association'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 Columbus Sailing Association to stop work hereunder, and/or withhold any payment(s) which become due to Columbus Sailing Association hereunder until Columbus Sailing Association demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Columbus Sailing Association may be held responsible for payments of damages to persons or property resulting from Columbus Sailing Association's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Columbus Sailing Association'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 4 of 7 Page 5 of 7 NOTE: The limits and types of coverages are subject to adjustment if upon review, it is determined that the activity requires increased levels and types of coverages. Columbus Sailing Association NINA Repair Revised ins. req. 2-13-13 ds Risk Mgmt Such insurance policies shall not be cancelled, materially changed, or not renewed, without 30 calendar days' prior written notice to the CITY. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the CITY, and copies of the insurance policies shall be promptly furnished to the CITY upon its written request. Failure of the CSA to maintain said insurance for the term of this AGREEMENT shall be grounds for the termination of this AGREEMENT by the CITY. OPERATIONS AND TOURS: CSA may facilitate tours. Facilitation of tours must follow the following safety rules and regulations: Safety Manager. CSA shall provide a Captain or officer to oversee the safety of persons aboard the Nina including security. The Captain or officer of the Niha must be present at all times during tours. Staff Requirements Regarding Visitor Safety Aboard. CSA shall provide two staff personnel for touring of the Nina. All staff guides will be provided a safety lecture concerning general marine safety related to visitors aboard the Nina. Safety location requirements for Nina staff are: (a) One safety person to be provided at top of gangway staircase to ensure and provide all visitors with a helping hand so as not to fall nor sustain injury. (b) One safety person to be provided at the bottom of(upper) quarter deck staircase to ensure and provide all visitors with a helping hand so as not to fall nor sustain injury. Required Safety Equipment. The Nina shall at all times be equipped with the following safety equipment: (a) Two throw-able life rings: one to be placed and visible on upper quarter deck and a second throw-able life ring to be placed and visible on starboard side lower deck. (b) A fire extinguisher to be placed in an accessible location a board the Nina. Tour Rules. CSA will enforce the following rules for safety of the public. (a) No visitors allowed upon raised foreword deck. (b) No visitors are allowed below decks nor companion way. (c) No visitors are allowed in the tiller room. Page 5 of 7 Page 6 of 7 The City reserves the right to deny operation and tours upon failure of CSA to comply with all safety rules and regulations. CSA must cease tours upon notification by the City of failure to comply with safety rules and regulations. The City will send written notice of default upon becoming aware of CSA failure to comply with the safety rules and regulations. Upon removal of right to operate tours, CSA must obtain consent in writing from the City to continue tours. ALARM SYSTEMS: CSA shall pay all costs associated with the operation of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill, while under this AGREEMENT. CSA be responsible for assuring that the fire detection system alarm and electronic intrusion alarm onboard Nina are activated. MOORING OF NINA: Nina may remain moored in her current location. PRESERVATION OF NINA: The CSA shall ensure the engine in the Nina is operational at all times. The CSA shall run the engine once a week to verify operational status and maintain the engine. The Nina shall be washed down once a month to aid in preserving the wooden ship. MOVING OF NINA: CSA shall not move Nina without prior written consent of the Marina Director. HURRICANE PLAN: The CITY Hurricane Plan currently in effect for Nina will continue under the supervision of the City Marina Superintendent. To this end, CSA shall keep Nina ship-shape and ready to be moved at a moment's notice in the event of an approaching hurricane. The CSA CSA crew members are to assist the Marina Patrol in towing including mooring operations in preparation of a storm, hurricane or inclement weather. End of provisions specific to Phase Two. PHASE THREE Disposition of the Pinta and the Santa Maria DISPOSITION: Due to significant disrepair, the Pinta and the Santa Maria will not be repaired by the CSA and is not subject to this lease. The City will consequently dispose of the Pinta and Santa Maria. The Pinta and the Santa Maria are the sole property of the City of Corpus Christi and CSA has no interest in the Pinta and the Santa Maria. SALVAGE: Upon execution of this amendment, the CSA will provide the City with are inventory of items to be salvaged from the Pinta and the Santa Maria. Items include all parts and material associated with the Pinta and the Santa Maria that can be used to repair and restore the Nina. Upon approval by the City Manager or designee, the CSA has 30 days to salvage any parts or material approved by the City Manager or designee. The CSA may not remove any items from the Pinta or the Santa Maria without City Manager or designee approval. The City is not obligated to provide the CSA with any salvageable items. CSA may seek additional items prior to final disposition. All requests for additional items must be approved by the City Manager or designee. PROCEEDS: The City shall reserve the funds received from the sale of lead ballast from the Santa Maria during the term of this lease agreement. The funds reserved will be used for payment to the CSA for repair, restoration, and maintenance of the Nina, including insurance Page 6 of 7 Page 7 of 7 and utility payments. Reserved funds may also be used for staging facilities (Phase 2) for the Nina. CSA will provide paid invoices and/or documented quotations to the CITY to account for the funds. The disbursement of funds to cover documented expenses will be paid within two weeks of the date of City approval. Such approval shall not be reasonably withheld. The City may cease to reserve the funds upon termination of this lease agreement. End of provisions specific to Phase Three PHASE FOUR AND FIVE Amendment: Phase four and five are deleted from the lease agreement. End of provisions specific to Phase Four and Five EXECUTED IN TRIPLICATE ORIGINALS this day of , 2013, at Corpus Christi, Nueces County, Texas. Columbus Sailing Association CITY OF CORPUS CHRISTI By LQe,, z , By John Torrey, President Ronald L. Olson, City Manager ATTEST: Armando Chapa, City Secretary Approved as to legal form: 2013 1V164 Buck Brice Assistant City Attorney For City Attorney Page 7 of 7 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: June 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 Engineering Construction Contract O.N. Stevens Water Treatment Plant—Water Utilities Lab HVAC Rehabilitation CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Scott Air Conditioning & Heating Co. of Corpus Christi, Texas in the amount of $68,470.00, for the O.N. Stevens Water Treatment Plant - Water Utilities Lab HVAC Rehabilitation. PURPOSE: The purpose of this Agenda Item is to execute the Construction Contract for O.N. Stevens Water Treatment Plant- Water Utilities Lab HVAC Rehabilitation. BACKGROUND AND FINDINGS: The project consists of the demolition and replacement of two existing above ceiling direct expansion air handling and condensing units and controls, duct modifications to resolve existing comfort control issues and assist in airside balancing, relocation of two existing thermostats, installation of three inline exhaust fans, the demolition of a single existing rooftop fan, complete airside balance of entire building, including outdoor air balance to insure positive building pressurization, and waterside balance of existing chilled/hot water loops. Also included is the provision and installation of controls necessary to integrate existing chilled/hot water air handling unit, control temperature in lab, humidity in lab, and differential pressure between lab and adjacent spaces via introduction of conditioned outdoor air and all associated demolition, mechanical, and electrical work associated with entire scope outlined above. On May 29, 2013, the City received proposal from three (3) bidders and their respective bids are as follows: Contractor Base Bid Scott Air Conditioning & Heating Co. $68,470.00 Corpus Christi, TX Malek, Inc. Corpus Christi, TX $96,000.00 Miller & Miller Mechanical Co. $126,500.00 Corpus Christi, TX The City's engineer, Stridde, Callins &Associates, Inc., conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder, based on the Total Base Bid, is Scott Air Conditioning & Heating Co. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Scott Air Conditioning & Heating Co. has the experience and resources to complete the project. ALTERNATIVES: 1. Execute the Contract for Professional Services with Scott Air Conditioning & Heating Co. as proposed. 2. Do not execute the Contract for Professional Services with Scott Air Conditioning & Heating Co. as proposed. OTHER CONSIDERATIONS: Competitive bid construction contract amount of $68,470.00 is below Engineer's estimate of probable construction of$73,900.00. CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2012-2013 Water Operating Budget EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water 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 $95,654.00 $95,654.00 Encumbered / Expended Amount $22,050.00 $22,050.00 This Item $68,470.00 $68,470.00 Future Anticipated Expenditures This Project $5,134.00 $5,134.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: This project requires approximately 90 calendar days with anticipated completion November 2013. The Construction Contract will result in the expenditure of an amount not to exceed $68,470.00. RECOMMENDATION: City Staff recommends the contract be awarded to Scott Air Conditioning & Heating Co. of Corpus Christi, Texas, in the amount of$68,470.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET O.N. Stevens Water Treatment Plant -Water Utilities Lab HVAC Rehabilitation PROJECT FUNDS AVAILABLE: Water Operating... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... ... ... ... ... ... $95,654.00 FUNDS REQUIRED: Construction with contingencies (Scott Air Conditioning & Heating Co.)... ... ... ... ... . $68,470.00 Engineer Fees: Assessment & Report... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 4,750.00 Design... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15,570.00 Construction Management... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1,730.00 Engineer TOTAL (Stridde, Callins & Associates, Inc.)... ... ... ... ... ... ... ... ... ... ... ... ... 22,050.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... ... ... .. 1,541.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... ... ... ... ... ... ... ... ... ... ... 2,396.00 Finance....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 855.00 Misc. (Printing, Advertising, etc.)..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 342.00 TOTAL... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $95,654.00 PROJECT BUDGET BALANCE........................................................ $0.00 File \Mproject\councilexhibits\exhEl2037.dwg N PROJECT r r �r I LOCATION r S Y :>�' �. Er,�.r }< �1 ��r f<1;: /»itfi n » ✓ f�/»' n�a`"i, 1 l T S f f try r r'rz z cs �r yy a z acs .l rtz f s n' r� /P � <r r is��j/ � � t ✓� ��rr�l 9. �r ''' r �.�?I 1 f i:,.. FJJr��� r t fl r„f'� �}�' r'."f/. //s li}Z f�a lr !I ✓?�. '£ `� S£, t' F (,' ✓ r j t vs� 7"'d� I } S`.r ✓stid� �r� tZ' } LOCATION MAP NOT TO SCALE PROJECT#E12037 O.N. Stevens Water Treatment Plant CITY COUNCIL EXHIBIT Water Utilities Lab CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES HVAC Rehabilitation PAGE: 1 of 1 = _ .4@US Ga 0 AGENDA MEMORANDUM NoP© pEO Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 16, 2013 DATE: June 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Resolution in upport of A P's L Pilot Program CAPTION: Resolution supporting AEP Texas Central Company's A P "L Pilot Program" to provide L treet Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi and supporting any amendments to A P's Tariff necessary to ma a the service available. PURPOSE: The purpose of this Agenda Item is to pass a resolution in support of A P's L Pilot Program which will provide LED Street Lighting Service on a portion of Chaparral Street from William to Schatzell and on other mutually agreed to locations. BACKGROUND AND FINDINGS: AEP approached the City about participating in a pilot program for AEP-owned and maintained LED street lighting fixtures installed for the purpose of illuminating public streets, highways and parking lots. Under this program, the City would pay a one-time expense for the installation of the lights and a monthly energy consumption charge. If the program works as anticipated, cost for lighting the designated pilot area on Chaparral Street from William to Schatzell will be less than the existing Municipal Street Lighting Service rate. If the program is successful, the City and AEP could agree to add more city streets to the program and expand A P's L lighting service at other locations within the city limits. LED lights last longer than existing lights, provide a brighter light and consume less energy which should result in a cost savings to the City. This item includes support of any amendments to AEP's Tariff necessary to make the service available. ALTERNATIVES: 1. Pass a Resolution in support of A P's L Pilot Program. 2. Do not approve the Resolution in support of A P's L Pilot Program. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policy regarding Resolutions approved by City Council. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: N/A Operating Revenue Capital of applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This Item Future Anticipated Expenditures This Project BALANCE Fund(s): Comments: On June 11, 2013, the City Council approved in Contribution-in-Aid of Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED lighting on Chaparral Street from William to Schatzell. RECOMMENDATION: City Staff recommends approval of the Resolution in support A P's L Pilot Program. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; and supporting any amendments to AEP's Tariff necessary to make the service available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi hereby supports AEP Texas Central Company's A P "L Pilot Program" as outlined in A P's proposal attached as xhibit A to provide LED Street Lighting Service on a portion of Chaparral Street and on other mutually agreed to locations within the City of Corpus Christi, at the trial rates described therein. Section 2. The City of Corpus Christi hereby supports actions AEP must take, including any actions necessary to amend A P's Tariff, in order to make LED Street Lighting Service available at the trial rates described in Exhibit A. Section 3. This resolution takes effect immediately upon its adoption. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary 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 AEP TEXAS CENTRAL COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable: City of Corpus Christi Chapter: 6 Section: 6.1.1 Section Title: Delivery System Charges Revision: Original Effective Date: August 1, 2013 6.1.1.1.6.4 LED STREET LIGHTING - CITY OF CORPUS CHRISTI LED PILOT PROGRAM AVAILABILITY This LED Pilot Program is available only to The City of Corpus Christi for service to Company-owned and maintained LED street lighting fixtures installed upon request for the purpose of illuminating public streets, highways and parking lots. This LED Pilot Program is available until August 1, 2016 at which time the service will continue to be supplied to existing facilities at the sole discretion of the Company. The number of lights available under the LED Pilot Program may be limited at the discretion of the Company. The Company may terminate the LED Pilot Program and upon approval of the Commission include a similar service under the Company's existing Municipal Street Lighting Service rate schedule. Service will be provided from Company's existing distribution system by means of Company-owned and maintained standard luminaire installed on Company's existing overhead distribution system wood poles. Costs for the fixture (less cost of comparable UPS fixture), all added distribution facilities, ornamental poles, or ornamental fixtures, conforming to standard specifications and mutually satisfactory to both the Retail Customer and the Company, will be reimbursed to the Company by an initial non- refundable payment and Retail Customer will not acquire any title in said facilities by reason of payment. Retail Customer will also be responsible for the cost of any associated circuit work. The Retail Customer agrees to provide, at no cost to the Company, all required right-of- way together with tree trimming permits for installation of the system and any permit necessary to allow the Company the right to use highway, parkway, and street right-of- way for maintenance of the system. TYPE OF SERVICE The electric service furnished hereunder is unmetered and billing is based on the kilowatt hours (kWhs) stated in this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $3.20 per account Facilities Charge See chart 137-1 AEP TEXAS CENTRAL COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable: City of Corpus Christi Chapter: 6 Section: 6.1.1 Section Title: Delivery System Charges Revision: Original Effective Date: August 1, 2013 Transmission System Charge $0.002512 Per kWh Distribution System Charge $0.015489 Per kWh LED STREET LIGHTING FACILITIES RATE Description Code kWh Facilities Price LED 45 Watt 980 15 $5.43 90 Watt 981 30 $5.85 130 Watt 982 43 $8.60 II. System Benefit Fund Charge: $.000662 per kWh See SBF 6.1.1.4 HI. Transition Charge: See Riders TC 6.1.1.2.1.1, TC-2 6.1.1.2.2.1 and TC-3 6.1.1.2.3.1 IV. Nuclear Decommissioning Charge: See Rider NDC 6.1.1.5.1 V. Transmission Cost Recovery Factor: See Rider TCRF 6.1.1.6.2.1 VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: Not Applicable VIII. Other Charges or Credits: Not Applicable COMPANY-SPECIFIC APPLICATIONS The Company will furnish to the Retail Customer, street light facilities for the operation from dusk to dawn of street lights served under this LED Pilot Program. In the case where the lighting service is provided utilizing underground circuit(s), the Retail Customer will provide all trenching and back-filling necessary for the installation of the circuit(s). The Company will, upon request of Retail Customer, relocate, remove, or change any of its facilities used in rendering service hereunder insofar as it may be practical and permissible, or will render service under any other street lighting service rate offered by the Company provided Retail Customer pays to Company, prior to the time such change is made or such different street lighting service is rendered, all costs incurred by 137-2 AEP TEXAS CENTRAL COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable: City of Corpus Christi Chapter: 6 Section: 6.1.1 Section Title: Delivery System Charges Revision: Original Effective Date: August 1, 2013 Company in making the change, including costs of equipment or facilities rendered unusable. If an outage of a street light under this tariff occurs, Retail Customer shall notify the Company promptly of such outage and the Company will make repairs during regular working hours at the Company's expense, but with no adjustment of payments due to the outage. Routine maintenance repairs under this tariff will normally be completed within three (3)business days after notification. In the event that a lighting service is being provided in an area where it is subject to vandalism, the Retail Customer will be responsible for reimbursing the Company for all costs of maintaining the light(s), and if the vandalism is severe enough, in the Company's sole opinion, lighting service under this Tariff may be refused or terminated. Transmission Service will be furnished by the Transmission Service Providers (TSPs) and not the Company. The Company provides only the billing function for TSPs. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 137-3 aSC o° AGENDA MEMORANDUM NaRa©aa�� Future Item for the City Council Meeting of July 9, 2013 ss Action Item for the City Council Meeting of July 16, 2013 DATE: June 26, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826-1875 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Engineering Design Amendment No. 1 Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Architect/Engineer Agreement with RH Shackelford, Inc. from Corpus Christi, Texas in the amount of $743,360.00, for a re-stated fee not to exceed $789,110.00 for Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program. PURPOSE: The purpose of this Agenda Item is to authorize services required to develop bidding and construction documents for the pilot program of the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program. BACKGROUND AND FINDINGS: This contract amendment includes the preparation and development of the necessary Indefinite Delivery/Indefinite Quantity (IDIQ) construction documents for the Citywide Street Overlay and Sealcoat pilot program to include preparing bidding documents and delivery orders to support year one (pilot program) of the program. The construction pro ect will support the City's efforts to increase the street maintenance program and shall be developed in conjunction with the work plan identified for year one of street maintenance. The IDIQ bid package developed under this contract amendment will include construction plans and details for the first project delivery order, and shall include generic unit price proposal, technical specifications, and traffic control measures that can be used for subsequent project delivery orders identified during project construction. The construction documents shall be prepared as a one-year base contract along with three (3) additional annual renewal options. Development of project delivery orders to support construction beyond the year one (pilot program) of the IDIQ construction contract will be provided by others through separate contract. ALTERNATIVES: 1. Execute Amendment No. 1 with RH Shackelford, Inc. as proposed. 2. Do not execute Amendment No. with RH Shackelford, Inc. as proposed. OTHER CONSIDERATIONS: Construction observation is not included in this contract amendment. Neither construction administration, nor development of additional delivery orders to support year one (pilot program) construction is authorized at this time. These services may be authorized administratively at a future date. Construction documents will be developed for project bidding in January 2014 with construction to follow in April 2014, pending implementation of the Street User Fee and subject to availability of funds. CONFORMITY TO CITY POLICY: This contract amendment provides construction documents to support pending improvements funded by the City's treet User ee, as funding becomes available. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating Revenue Capital of applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS Line Item Budget $0.00 $789,110.00 $6,450,000.00 $7,239,110.00 Encumbered/Expended $0.00 $45,750.00 $45,750.00 Amount This item $743,360.00 $0.00 $743,360.00 Future Anticipated Expenditures This Project $0.00 $6,450,000.00 $6,450,000.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Streets Fund Comments: Project construction is pending availability of funds through implementation of the Street User Fee. Program administration does not extend beyond year one of the Street User Fee Implementation. RECOMMENDATION: City Staff recommends the approval of the Amendment No. 1 with RH Shackelford, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint Contract PROJECT BUDGET ESTIMATE Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantiy Program-Pilot Program E12215 PROJECT FUNDS AVAILABLE: FY 2013-14 Street User Fee * ........................................................................ $ 2,850,000.00 Street maintenance work plan 3,600,000.00 FY 2012-13 Street Operating Fund................................................................... 240,597.00 FY 2013-14 Street Operating Fund ** ............................................................... 548,513.00 Project Total................................................................................................ 7,239,110.00 FUNDS REQUIRED: Construction (includes Contingency)................................................................. 5,940,000.00 Design Fees: Engineer(RH Shackelford, Inc.) ...................................................................... 789,110.00 Geotechnical Study and Testing (TBD).............................................................. 150,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................. 75,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)........................ 200,000.00 Finance 50,000.00 Misc. (Printing, Advertising, etc.)...................................................................... 35,000.00 TOTAL....................................................................................................... 7,239,110.00 ESTIMATED PROJECT BUDGET BALANCE.................................................... $ - * Pro rated for implementation in January with construction to follow in April ** Construction phase services to be authorized pending City Council Approval of Construction, Subject to availabitiy of Funds \Mproject\councilexhibits\exhE12215.dwg N N 7 NUfff S RIVER F,M, 624 MuECES BAY �^- foAo (/P RIB: ° I 37 > 3 HWY 44 AG ES MO GA 1/ AGNES CORPUS cj(RLSV B.A w o = CCIA > BEAR < 9G P M fps Z a 0� JgRgTOGq ^'Hp q(q�q fffgN PgOV of0 Q W If44Np 8qr NAS F.M. 43 O 4 � � Aso os `� 'A4.ADRE QQ q 10 � Rf7 FM 2444 YfRKTp4,N P�`,' f<eA o:o Z� WHITECAP �p NOTE: CITY WIDE PROGRAM , 14 qUu of 0, u -?4EX7c0 ti 4¢ LOCATION MAP NOT TO SCALE PROJECT#E12215 City Wide Street Overlay CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS and Sealcoat Program DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 — — AMENDMENT NO. 1 TO 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 R.H. SHACKELFORD—, INC., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411, (Arch itectlEng i neer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT Citywide Street Overlay and Sealcoat Indefinite Deliveryiindefinite Quantity Program- Pilot Program (Project No. E12215) -- This Amendment includes the preparation and development of the necessary Indefinite Delivery/indefinite Quantity (IDIQ) contract and bidding documents for the Citywide Street Overlay and Sealcoat Pilot Program. This IDIQ construction project will support the City's efforts to increase the street maintenance program and shall be developed in conjunction with the work plan identified for year one of street maintenance. The IDIQ bid package developed under this contract amendment will include construction plans and details for the first project delivery order, and shall include generic unit price proposal, technical specifications, and traffic control measures that can be used for subsequent project delivery orders identified during project construction. The IDIQ construction documents will be prepared as a one-year base contract along with three (3) additional annual renewal options. 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 Contract for Engineering(A/E)Services Page 1 of 3 K:IENGINEERING DATAEXCHANGEIANGIEMISTREET4E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENT4AMENDMENT 111 CONTRACT PROFESSIONAL SERVICES.DOC 1 A h 4 a 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 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 AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $743,360.00 (One Hundred Thousand Dollars and Zero Cents), for a restated fee not to exceed $789,110.00, (Two Hundred Forty Four Thousand Three Hundred Sixty Two Dollars and Fifty Cents)as shown in the attached Amendment No. 1, Exhibit"A". 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 AIE 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. Contract for Engineering(AIE)Services Page 2 of 3 K:IENGINEERING DATAEXCHANGEUWGIEMISTREE RE12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTIAMENDMENT 111 CONTRACT PROFESSIONAL SERVICES.00C 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 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 VR.H. KELFORD, INC. t--! vet /n 4xu•3 Oscar R. Martinez, Date maker, . E. Date Assistant City Manager EO 5151 Flynn Parkway, Suite 300 Corpus Christi, TX 78411 RECOMMENDED (361) 452-0318 Office 3// Daniel Bi[es, P. E., I D to Director of Engineering Services ENTEREDJ" MAR 13 2013 Valerie Gray, P. E., Date Director of Streets and Storm Water CONTRACT MANAGERS APPROVED AS TO FORM Project No. E12215 Fund Name: Streets Fund Fund Source No. 530000-1041-12415-E12215 Office of Management Date Encumbrance No. and Budget ATTEST Armando Chapa, City Secretary Contract for Engineering(A/E)Services Page 3 of 3 UENGINEERING DATAEXCHANGEIANGIEMISTREET1E12216 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENPAMENDMENT 111 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Citywide Overlay and Sealcoat Indefinite Deliverylindefinite Quantity Program-Pilot Program Project No. El 2216 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. b) Hold Projest K!Gk off Meeting. Prepare meeting agenda and distribute meeting 1. meetings to attendees within fide woking days of the meeting Gionsut d) Review available repoFts, MGM i pFevided by the City peFtaining to the pFojeGt area. e\ Develop preliminary eqtHfennernnts for ctmility relrovarirons ren�lovenents or U POFades Coordinate . "' 11 0"'o's PrejeGt ManageF and identify operating departments a Develop nrellminary Fee GFOSS serQffie to innrrnGFate the Geotenhninnl Consultant's 9) Identify right of-way aGqwisitien FeqUiFernents and illustrate on a 8GheFnafiG St i it Develop drainage area hoi indaFy map for existing and proposed drainage .goon sewed: it Gend got the hurl analysis to quantify the storm sewer design of evictinry onr7 PFOPOsed systems. InGlude the analysis of inlet GapaGity. that may have existing faG*"tqes and must FeleGated to aGGOMrnedate the proposed i rrm p rove me nt& I) Coordinate with AEP and Git" TFaft Pawer vend pit For e.treet lirehtinry and tFaffio 629n81iZation o issues; upon Fequest 9F GanGUrrenw of the Pr-GjeGt Managw, meet and reerdinatewith .h as RTA, i i afferted noheol districts (GGISID, FBISI7 f etn ) oen;Fn unity nroUPS f fl T1_l 4 etc 0) PFepare an Engineering LetteF Report(20—26 page main body text deraumq t.I.Awlih analyses, costs, text, tables, 1=pa�ed per f ity Plan Preparation Standards Gentwt Format (P`RRCGF=) Cnnineerinn_Letter Report to inn'r1e' Amend. No. 1 EXHIBIT "A" Page 1 of 10 I K NEngineering DateExchango%ANGIEMISTREET1E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTIAmendment 112 EXHIBIT A LARGE AE REVISED.doo f f jesi0A6,GFGGS- seGtiens, and paFarne}ers Whinh Will !G the design` innL rlinn basis, e GonStWetiGA alignment, s geOtISGhniGal testing repWt, Fight Gf utilities,Gonsiderafion, existing and proposed p Fafessionel design 2. IRG'ude existing site phetesm 3. PFevide epiniGR of probable GORStFuetion bests. 4m identify and analyze requirements of governmental autherities having jurisdir.tion to approve de6ign f }f hvr r(vest--inGluding n i�, r f and geoteGhn!Gai isssues; meet and f i , Gommunity e 5. Provide an anal at irnpaGts towaFds"Fe n and effeMs r P) Submit one(1)Gepy in an approved eleGtFeniG fGFFnat, and one(1)papeF GOPY Of the Draft Engineering Letter Report. q) Hold PrejeCA Feview meeting with City staff tq review and FeGeiVe City Gemments OR }hecrrr eeFing-kett6F Re AA-1-siMilate-mall review comments 9f the Draft Engineering Letter Report and pmvide Gopier, using City Standards as app"Gable) suitable feF FepFedWGti9R. presentation, handouts and exhibits for meeting. PF0Vide follow up and Fespense to GOMMentS. City staff will provide one set only of the following information (as appliGabley. b) The prelirninaFy budget, speGifying the funds available for GenstruGtien. G) A GOPY of existing studies and plans. (as available from Gity Engineering files). d) Field ler,,ation of existing Gity tie's. WE Geor4dinate with Gity Operating It.-. el Annlin.�Me ter Plans and GIC m.-,r�n•nr+ .a,re e+railable on-the Gity's+w�ehti}� f1 Provide hannh m.�rhe earl ` •*vNV , author-ozed fop use enly by l unauther-ligg-d-!ilge age MON but"an eithe FeeWdsprevided under-this centraet iiS StFietly Prohibited; 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the AIE 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. Amend. No. 1 EXHIBIT "A" Page 2 of 10 K lEngineering DateExchangelANGIEM ISTREET%E122i5 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTWmendment 112 EXHIBIT A LARGE AE REVISED.doc 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 E-L-FFwork plan. Construction plans to include minor surface 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 EP-PSGF new EJCDC using English units on " true scale 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) PFevide one (1) Set of the Pffi41nall plans and bid deGuments 0 submittal eIeGtFGRiG and full size haFd GGPiee using City Standards as applicable) to the City staff fGF review and approval PUFPeses with Fevised estimates of probable Goats. h) Held PFejeet 0 r-eview meeting. PFepare meeting agenda and distribute meeting meetings to.attendees within five werking days of the meeting. Assimilate all Fevievf qg) 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. i3h) 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)i) 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 Cit - rovided review comments or provided submittals in accordance with City.standards.. Amend. No. 1 EXHIBIT"A" Page 3 of 10 KlEngineering DataExchangeLANGIEMISTREET1E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTVamendmon1112 EXHIBIT A LARGE AE REVISED.dac f { f n j) Develop Initial Delivery Orders (DO's). It is anticipated the initial DO's will be awarded with the construction contract for approximately 25% of the available funds for the initial "base"year of the pilot project: a. Conduct site investigations and field engineering; b. 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. C. Meet with the contractor on-site to develop the DO detailed scope; d. Develop detailed DO with City GIS and Maximo data to allow City staff to load appropriately into databases; e. Meet with City Staff, Engineering, Street& Storm Water, Water, Wastewater to coordinate scope; f. Negotiate with contractor for final quantities and scope; g. Coordinate and provide field engineering for DO's during construction to include witnessing exposed subgrade and base to confirm recommended improvements: i. Exposed base and subgrade for sidewalks, driveways, and curb & gutter; ii. Base and subgrade proof rolling; iii. Minor Utility improvements for storm water inlets, adjustments to valve boxes and manhole ring and covers; iv. ADA field work; v. Bus Stops; vi. Landscaping and Irrigation system assessments; and vii. Other pedestrian improvements. h. Coordinate with the next year's work plan with future AE identified by the City and load work plan into Envista. qk) 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. 1) Assist City in presenting summary of project 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. 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. Amend. No. I EXHIBIT"A" Page 4 of 10 K:Engineering DalaExchange'ANGIEMISTREET1E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTWmendmenl 112 EXHIBIT A LARGE AE REVISED.doc 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 priorto bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract for one or more contracts 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. 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. 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 for the base year of the pilot project: 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. Amend. No. 1 EXHIBIT"A" Page 5 of 10 K-.XEngineering DataExchangetANGIEMSSTREET5E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTSAmendmenk 152 EXHIBIT A LARGE AE REVISED.doc 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 applications/estimates 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. AIE 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 AIE shall,with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. (ALLOWANCE) Furnish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The AIE 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. Develop additional Delivery Orders (DO's). (ALLOWANCE) It is anticipated 3—4 sets of DO's will be issued during the initial "base" year of the pilot project: a. Conduct site investigations and field engineering; b. 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. Amend. No. 1 EXHIBIT"A" Page 6 of 14 KAEngineering DataExchangelANGIEM4STREET4E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENT4Amendment 142 EXHIBIT A LARGE AE REVISED.doc h C. Meet with the contractor on-site to develop the DO detailed scope; d. Develop detailed DO with City GIS and Maximo data to allow City staff to load appropriately into databases; e. Meet with City Staff, Engineering, Street & Storm Water, Water, Wastewater to coordinate scope; f. Negotiate with contractor for final quantities and scope; g. Coordinate and provide field engineering for DO's during construction to include witnessing exposed subgrade and base to confirm recommended improvements- i. Exposed base and subgrade for sidewalks, driveways, and curb & gutter; ii. Base and subgrade proof rolling; iii. Minor Utility improvements for storm water inlets, adjustments to valve boxes and manhole ring and covers; iv. ADA field work; V. Bus Stops; vi. Landscaping and Irrigation system assessments; and vii. Other pedestrian improvements. h. Coordinate with the next year's work plan with future AE identified by the City and load work plan into Envista. , PrarAiGe fOF Land SuFveyinq in the State of Texas, Ninth Edition, All work must be tied to and in G0nf9FFnanGe with the Gity's Global Positioning System (GIRS) Gentrol Retwork. All a) PeftFFn suFveys to determine appaFent Fight-of way widths- b) Re eor.+h plate RGW manse deed easements, and ei,nrev for fenne Gamer.`+_ menurrmento .�Ad iron nine within the existing ROW and analyse to establish , within I.r MI4M,'I-V •V VVaMYVii existing appaFent RQVV. AJE must ob-f.ain Preliminary Title RepeFts from a title Gemnana, and nrnrrirl I Ganie8 of the title reports to the Gitrr Dreliminanr Title RepeFt shall title ewneFship and any title encurnbranraes to all right-of wa to be a nl Droaride a rareliminanr base man oont......nn apparent ROW which i.yill he used her map iaaL. YYi nun n�icy a..ppa.o Y��. .ROW,, ....�v. ..ui Yv a,.YV... Yr the A11= to develop the proposed alignment and its position relative to the existing lines,and PFOposed ROW. This preliminary base map must shGw lot or property 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'❑ 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. 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. Amend. No. 1 EXHIBIT "A" Page 7 of 10 K:1Engineering DatoExrhangelANGIEMISTREET1E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTVImendmen1112 EXHIBIT A LARGE AE REVISED.dvc 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-et*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. AIE 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. (Allowance) Participate in4wo-public meetings. One public meeting shall be held after s ubmm#.mil of the Final Engineering Letter RepGrt and p blip mee4iRg si�pc held prior to start of project construction and other meetings as determined by City staff. 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. manholes,6. SubsurMrse Utility investag Provide subsuFfaGe utility engineeFing On aGGerdanGe with ASCE StandaFd'ASCE C-1, 38-02� ;.vill be as fellews� ExGavat'GR — The survey SGQPe inGludes working with a subsurfaGe utility eXGavater tG projeGt limit. (Quality Level Ainvelves the use of nendestFuGtive digging equipment at GfitiGal points to deteFrAine the horizontal and VeFtIGal position of undeFground utilities, as well ae-th type, size, GOAditiGIR, rnateFial, and otheF GharaGteFiStiGS.) Utilities IeGated atthis quality level will be physiGally leGated and tied to the tGP99FaPhiG SUNey GontFe . The utility-will be 'dentofied and aR elevation will be obtained to the top of the utility. Utility LOGation The suFvey soope indudes IGGatiRg Gertain utilities to Quality Level 9 (Quality Level B involves surveying visible above ground utility faGilities,SuGh as Amend. No. 1 EXHIBIT"A" Page 8 of 10 KAEngineering DataExchangeXANGIEMISTREE RE12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENT%Amendment 112 EXHIBIT A LARGE AE REVISED.doe I boxes,valve pests, •, inlets.StOFFn Wat6F Storm water faGilities within the pFejert irmts will be leGate to Quality Level G. LeGatlons woll be based OR the surveyed looations,ef aGGessible sterm water manholes and dFainage Wastewater WastewaWF fa6 lities within the PFGjeGt limits will be leGated to Qua!ity Level G. rn Wastewater lines that are not to be replaGed as OaFt of this projeot and that fall within the footprint Of GonStFUGtOGR-Felated exGavation shall be IGGated at Quality Level A Wat9F faGilifies within the PFOjeGt limits will be ler"ated to Quality Level G. WateF Gas Gas faGilities Wthin the pfojeGt limits will be leGated to Quality Level G lk thA A IF The Gity Of GGFPUS Christ' Gas Department will pFevide Quality Level A. The At I this *. i 7. Construction Observation Services. To Be Determined 8. during aGtual StaFt-UP Of FRajGF PrejeGt components, systems, and related appurtenanGes needed and required. 9. Warranty Phase. (Allowance) 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". II. SCHEDULE Date Activi April 94, 2013 NTP Draft CID 6ubmi tal Cin.,l CI l7 ci.hmi4W ApA-May 6, 2013 60% Design Submittal May 136, 2013 City Review 90% Design Submittal June 103, 2013 100% Final Submittal June 17, 244, 2013 Advertise for Bids June 26,2013 Pre-Bid Conference Amend. No. 1 EXHIBIT "A" Page 9 of 10 K%Enginearing Data ExchangeVANGIEM%STREET1E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENT%Amendment 112 EXHIBIT A LARGE AE REVISED.doc July 10, 2013 Receive Bids August 136, 2013 Contract Award Au"SeptemberjGl 2013 Begin Construction TBD 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.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE'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 1.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 paythe A/E a not-to-exceed fee as per the table: below: Summary of Fees Basic Services Fees 2. Design Phase $104,784 3. Bid Phase $7,265 4. Construction Administration Phase(Initial DO's with award) $25,980 Subtotal Basic Services Fees $138,029 Additional Services Fees (Allowance) 1. Permit Preparation $37,879 2. Develop Post-Award Delivery Orders with Construction Admin $516,947 2. ROW MqUiSitiOR SUFVey 0 3. Topographic Survey and Parcel Descriptions. 0 4. Environmental Issues To Be Determined 5. Public Involvement $18,939 6. SUbSUFfaGe Utility 0 6. Construction Observation Services To Be Determined 7. Start up SeFviGes 0 7. Warranty Phase $31,566 Sub-Total Additional Services Fees Authorized $605,331 Total Authorized Fee $743,360 Amend. No. 1 EXHIBIT"A" Page 10 of 10 KAEngineering DataExchengehANGIEMISTREETIE12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENT%Amendment 1\4 EXHIBIT A LARGE AE REVISED.doc 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 $1,000,000 COMBINED SINGLE LIMIT including: Per Occurrence and in the aggregate 1. Broad Form 2. Premises - Operations 3. Products/Completed Operations 4: Contractual Liability 5. Independent Contractors 6. Personal Injury/Advertising Injury AUTOMOBILE LIABILITY to include: $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2. Hired— Non-owned vehicles UMBRELLA— EXCESS LIABIITY $1,000,000 COMBINED SINGLE LIMIT Must follow form PROFESSIONAL LIABILITY including: $2,000,000 per claim /$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions 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 WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY $500,000/$500,000/$500,000 Amend. No. 1 EXHIBIT "B" Page 1 of 3 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. 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 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. Amend. No. 1 EXHIBIT "B" Page 3 of 3 0 0 0 0 0 0 0 0 0 0 0 0 0 rr w \ \ \ O ti 1` O LO O C7 0 0 0 0 LO O M U Q L E a O v e c c c , ° ° 000C) 000000 ❑ oa ° ° m o0 4q °° c C) C) U O LO LO LO LO F- O 3 O 0 Q 0 0 0 0 Offs 0 0 o O ❑� ❑m o69 0 O 0 O .v o 17 LO E LO U) .L c �r � 69- a _ 004 0 0 0 C) C) � 00 00 ❑ ❑ 0 ° LO E � T aS 1- 00 0 W O T C C r Q v Q � to r LO W Lu *+ r r W C 60- r- C M CO C CA CA ro r CO r r C C N m m M r M l AW %-- N r L C N r M to M w Z W G 40 to 44 4R 4R ~ CS M V W r N 0 O W o Q N � 00 00 OER t9 ° C7 0 o 00 � 64 O 61)- azz °�' z° ~ ~ � d '`'' � Lu ° 'cr a a - r o 0 0 0 0 0 O O O o o p ❑ o 0 0 0 69 6c} 4f} m m 4fl 613 69 v z° ~ ~ v . E ,., r` o O coo T o O o It ❑ ❑ L T LO co T- T- (D 0 61). a) m m 00 0) 0 am w ` r CID T- r O 0 N M s-- M V _ � N r LO O N r Cl) LO co 00 O 60. ff} 65- 6g {f} V N U- N N C} cC H N LO fA w L U) � (D 0 d ti U (A ]+ U. 0 �_ 4) a) L a) � r- m M cn d c m Q O N LL N m 2 o � rn ¢ - (!) o 0 V 03 CL O N = Q) G p ❑ O E U V CL 06 m a ❑ m � Ucn Qa � Sa ' Ocncn tnm ¢ H AMEND. NO. 1 EXHIBIT"C" Page 1 of 1 �kSUPPLIER NUMBER TO BE ASSIGNED BYCiTY- =_ PURCHASING DIVISION City of CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST Christi 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: RH Shackelford,Inc. P.O.BOX: STREET ADDRESS: 5151 Flynn Parkway, Suite 300 CITY: Corpus Christi ZIP: 78411 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 havin� an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City 1� 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." Na�e'�" 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 N 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." N_aln Consultant N 1p F FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jerry Shoemaker,P.E. Title: President/CEO (Type or Print) Signature of Certifying Date: G�-F/f'i2ci3 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 .fudges 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. @Q V � � O CA CA O a� � � O 1 -� '� r u uj fa� 01=4 tV Z-5 cn N = na�xa .® w do=I Inv 1�.. 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W!� � U Cyr CO's � PH v AGENDA MEMORANDUM ��aRPO�aE� Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: June 3, 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 Engineering Design Contract New Broadway Wastewater Treatment Plant CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $1,120,662.00, for the New Broadway Wastewater Treatment Plant for construction observation services. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the New Broadway Wastewater Treatment Plant. BACKGROUND AND FINDINGS: The existing Broadway Wastewater Treatment Plant is beyond its useful service life and capacity to provide reliable treatment. The project under construction is a new eight million gallons per day wastewater treatment plant located on land adjoining the existing plant, with a portion of the new plant built on top of exiting Broadway Wastewater Plant facilities. The project includes renovation of the Resaca Lift Station and provides for a new effluent outfall by separate construction contract. The new plant will provide state of the art treatment, meet all State and Federal environmental requirements/permits, provide for odor control and be developed in a manner to minimize impacts within the community. This contract allows Freese and Nichols, Inc. to provide Construction Observation Services for the remainder of Phase 1 and the entire duration of Phase 2 construction of the New Broadway Wastewater Treatment Plant. The City continues to maintain contractual obligations with Carollo Engineers, Inc. as Engineers of Record. Due to unanticipated schedule creep, the City has opted to compliment the team with inclusion of the Freese and Nichols, Inc. (FNI) Construction Observation team. The FNI team specializes on plant schedule reconciliation. The FNI team has already identified strategies to move project forward thus reinforcing the need to add FNI to the project team. The FNI team was involved in providing Peer Review Services for the subject project; therefore, they have a comprehensive understanding of the plant design. ALTERNATIVES: 1. Execute the Contract for Professional Services with Freese and Nichols, Inc. as proposed. 2. Do not execute the Contract for Professional Services Freese and Nichols, Inc. as proposed. OTHER CONSIDERATIONS: City staff continues to monitor overall project development. The introduction of the FNI Construction Observation team has been well received by all team members. The FNI Construction Observation team will replace previous Observation team. 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 of applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $37,630,600.00 $26,601,800.00 $11,350,000.00 $75,582,400.00 Encumbered / Expended Amount $37,630,600.00 $19,458,093.00 $57,088,693.00 This Item $1,120,662.00 $1,120,662.00 Future Anticipated Expenditures This Project $6,023,045.00 $8,458,745.00 $14,481,790.00 BALANCE $0.00 $0.00 1 $2,891,255.00 $2,891,255.00 Fund(s): Wastewater CIP #1 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $1,120,662.00. RECOMMENDATION: City Staff recommends the contract amendment be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of$1,120,662.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Presentation PROJECT BUDGET New Broadway Wastewater Treatment Plant PROJECT FUNDS AVAILABLE: astewater C P $64,232,400.00 uture C P Re uest $11,350,000.00 TOTAL $75,582,400.00 FUNDS REQUIRED: Construction ew Broadway TP raham Construction ervices $50,735,421.21 Remaining Contingency... 3,760,808.79 Construction stimate Broadway ffluent Line Rehab TB 2,873,000.00 Contigency 287,300.00 inal Pro ect Cost for Resaca Lift tation mprovements 2,204,788.00 Engineer Fees for New Broadway: ngineer Carollo ngineers 8,365,162.00 ngineer reese and ichols CLU T CO TRACT 1,531,560.00 ngineer ovind evelopment 447,750.00 eotechnical, oundation, Pavement Testing Roc ngineering 51,595.00 Construction Materials Testing Roc ngineering 299,997.00 Tolunay- ong 5,465.00 All Points nvironmental 4,527.00 Maveric ngineering 21,269.00 Urban ngineering 24,900.00 entura 46,700.00 Arcadis 9,555.00 Jac son al er 17,393.00 Lloyd, osselin , Blevins 123,773.00 Engineer Fees for Effluent Line Rehabilitation: ngineer L nc. 288,974.00 ngineer ovind evelopment 49,500.00 eotechnical Testing Roc ngineering 4,900.00 Construction Materials Testing stimate 10,000.00 Other: Right of ay Ac uisition 24,907.00 uipment 1,900.00 Reimbursements 1,500,000.00 TOTAL $72,691,145.00 ESTIMATED PROJECT BUDGET BALANCE........................................... $2,891,255.00 *Contract awarded on November 10, 2009 by Motion No. M2009-313 **Contract awarded on February 12, 2008 by Motion No. M2008-033 ***Contract awarded on February 12, 2008 by Motion No. M2008-034 ****Contract awarded on September 16, 2008 by Motion No. M2008-249 *****Contract awarded on November 10, 2009 by Motion No. M2009-315 ******Contract awarded on November 8, 2011 by Motion No. M2011-249 File : \Mproject\councilexhibits\exh7293B.dwq F M. 624 .NUECES D.Ay ON = 0 OP 3 � R coRPUS N ° s Q ROgD � C3 CR IS71 a ref o � IH37 �Ay a o _ o a AGNES PGNES PROJECT "wv 44 z LOCATION �� o ° MoecnN �o Q ° SCI A BEPR ti0 \ z S� � S 9 McGL01N RD. Q�� W POINT 2 vq s LOCATION MAP NOT TO SCALE f " r t r �. ��J"4 N'i3^'rxu - �;,:.��: ^�,: i �fT£ � �r.r��;, .>,.,,.�� U b �. 2�✓?;P07�%1�}� g t } r l� s �A v, IE PC11T PROJECT SITE 1402 W. BROADWAY ST _ r .,' '4� "" awr3t" " 3 3 T•. ," ¢ F jfi� PP n ' f {y '�/" Wr �L.;w�,� ���,<� W �,��"✓u.,��4Td�� .l SITE LOCATION PROJECT# 7293 NOT TO SCALE NEW BROADWAY WASTEWATER CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS v r TREATMENT PLANT DEPARTMENT OF ENGINEERING'SERVICES PAGE: 1 of 1 AMENDMENT NO. 3 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Freese and Nichols, Inc. agree to the following amendment to the Contract for Professional Services for New Broadway Wastewater Treatment Plant(Proiect No. 7293), as authorized and amended by: Original A/E Agreement December 12, 2006 Administrative Approval $24,900,00 Amendment No. 1 February 12, 2008 Motion No. M2008-034 $339,300.00 Amendment No. 2 April 24, 2013 Administrative Approval $46,698.00 Exhibit "A", Section 1. Scope of Services, Part B. Additional Services, shall be modified as specified below and in Amendment No. 3 Exhibit "A". Exhibit "A-1" Task List is added to provide a supplemental description to Exhibit "X. • Provide Construction Observation Services for the construction of the New Broadway Wastewater Treatment Plant Phase 1 and Phase 2. Exhibit "A", Section 11. Schedule shall be modified as specified in the attached Amendment No. 3 Exhibit "A", Schedule. Exhibit "A", Section Ill. Fees, shall be modified as specified in Amendment No. 3 Exhibit "A" for a revised fee not to exceed $1,120,662.00 (One Million One Hundred Twenty Thousand Six Hundred Sixty-Two Dollars and Zero Cents), for a total restated fee not to exceed X1,531,560.00 (One Million Five Hundred Thirty-One Thousand Five Hundred Sixty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 3 Exhibit"B". All other terms and conditions of the December 12, 2006 and amendments to the contract between the City and Freese and Nichols, Inc. will remain in full force and effect. CITY OF CORPUS CHRISTI F REESM AND NICHOLS, INC. 2 Oscar R. Martinez (Date) R G6zmin, P.E., (Date) Assistant City Manager Principal 800 North Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 RECOMENDED (361) 561-6500 Office (361) 561-6501 Fax Daniel Biles, P.E., TDate ' f Director of Engineering Services -S 7- Operating Department (Date) AMEND. Nl:7) 3 31 Page I of 2, KkENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER17293 NEW BRAODWAY VAVrPTREESE AND NICHOLMMEND.NO.31CONTRAGTICONTRACT.DOCX APPROVED AS TO FORM: Office of Management and Budget (Date) ATTEST Armando Chapa, City Secretary ENTERED Project No: 7293 MAY Fund Source No: 550950-4249-00000-190130 Fund Name:Wastewater 2012B GIP(Rev Bds) CONTRAG I MANAGER Encumbrance No: AMEND. NO. 3 Page 2 of 2 K:tENGINEERINGDATAEXCHANGEkJENNIFERkWASTEWATER\7293 NEW BRAODWAYWWWWREESE AND NICHOLS\AMEND,NO.=ONTRAG-RCONTRAGT.DOCX EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS NEW BROADWAY WASTEWATER TREATMENT PLANT (Project No. 7293) I. SCOPE OF SERVICES A. Basic Services. No changes. 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 FNI 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. FNI will, with written authorization by the Director of Engineering Services, do the following: 1. Public Involvement Assistance. No changes. 2. Construction Observation Services. (AUTHORIZED) Provide construction observation services with project representative (PR) and support staff to provide construction inspection from April 1, 2013 to January 31, 2015. A. Through such observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, FNI shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of FNI, and will confer with FNI regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Carollo (Design A/E), FNI, and Contractor, keeping the CITY advised as necessary. PR's dealings with Subcontractors shall only be through or with full knowledge and approval of Contractor. PR shall generally communicate with City with the knowledge of and under the direction of FNI. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project-related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: AMEND. NO.3 EXHIBIT"A" Pa e 1 of 4 K%Engineedng DataExehangaUENNIFER%WASTEWATER7293 NEW BRAODWAY W WTP%FREESE AND NICHOLSIAMEND.NO.3%CONTRAMExhibit Adocu A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. AMEND.NO.3 EXHIBIT"A" Page 2 of 4 KmMirawtN DawEuhamoUENNIFER%WASTEWATER17293 NEW BRAODWAY WW WREESE AND NICHOLS"END.NO.MCONTRACTSWbit Adocx 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 10. Limitations of Authority of Project Representative: A. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by DESIGN A/E. B. Shall not exceed limitations of FNI's authority as set forth in Agreement or the Contract Documents. C. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. D. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. E. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of City or CONTRACTOR. F. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. G. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by FNI. 3. Start-up Phase Peer Services. No changes. 4. Post-Construction Phase Peer Services. No changes. II. SCHEDULE Day Date Activity Begin Construction Observation Services— Monday Aril 1, 2013 Phase 1 Terminate Construction Observation Services— Thursday October 31, 2013 Phase 1 Begin Construction Observation Services— Friday November 1 2013 Phase 2 Terminate Construction Observation Services— Saturday January 31, 2015 Phase 2 AMEND.NO.3 EXHIBIT"A" Page 3 of 4 K%Engimeft DaW xdt�VFNNIFERIWASTEWATER 17290 NEW BRAODWAY WWTP%FREESE AND NiCNOt SAMEND.NO.3ICONTRACTW-xhbit A.doex Ill. FEES A. Fee for Basic Services. No changes. 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 FNI a not-to- exceed fee as per the table below: Summary of Fees NEW BROADWAY WASTEWATER TREATMENT Project No. 7293 Original Amend. No. 1 Amend. No.2 Amend. No.3 Total Contract BASIC SERVICES 1 Preliminary Phase $24,900.00 $67,875.00 $0.00 $0.00 $92,775.00 2 Design Phase 0.00 $271,425.00 $0.00 $0.00 $271,425.00 3 Bid Phase 0.00 $0.00 $0.00 $0.00 $0.00 4 Construction Phase 0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total Basic Services 24,900.00 $339,300.00 $0.00 $0.00 $364,200.00 ADDITIONAL SERVICES 1 Public Involvement Assistance 0.00 0.00 $0.00 $0.00 $0.00 2 Construction Observation Services 0.00 0.00 $46,698.00 $1,120,662.00 $1,167,360-00 3 Start-up Phase Peer Services 0.00 0.00 $0.00 $0.00 $0.00 4 Post-Construction Phase Peer Services 0.00 0.00 $0.00 $0.00 $0.00 Warranty Phase 5 Services(Not Authorized Sub-Total Additional Services 0.00 0.00 $46,698.00 $1,120,662.00 $1,167,360.00 Total $24,900.00 $339,300.00 $4608.00 $1,120,662.00 $1,531,560.00 12/12/2006 2/12/2008 4/24/13 Admin M2008-034 Admin M2013- Approval Approval AMEND.NO.3 EXHIBIT"A" Page 4 of 4 K%EngheWng Dat eExchengeUENNIFEMWASTEWATER7283 NEW BRAODWAYWOnPTREESE AND NICHOMAMEND.NO.3%CONTRACTTxhibitAdxx EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS NEW BROADWAY WASTEWATER TREATMENT PLANT (Project No. 7293) Basic Services: 1) No changes. Additional Services: PUBLIC INVOLVEMENT ASSISTANCE 1) No changes. CONSTRUCTION OBSERVATION SERVICES - $1,120,662.00 1) Provide full-time construction observation services as described in Exhibit "A". a. Construction Phase 1 - $508,915.00 i. Provide a full-time Project Representative (PR) to provide construction observation for the duration of construction and start- up of Phase 1. (7 months @ 40 hours per week) ii. Provide a part-time Project Construction Observer (PCO) for the duration of construction and start-up of Phase 1. (7 months @ 32 hours per week and physically on site 10 days per month) iii. Provide a part-time Project Construction Observer (PCO) for weekend work for duration of construction and start-up of Phase 1. (7 months @ 3 weekends per month @ 12 hours per weekend and physically on site 6 days per month) iv. Provide a half-time Project Administration Assistant(PAA)for the duration of construction and start-up of Phase 1. (7 months @ 20 hours per week) v. Provide Construction Management Team services to review critical elements of construction on or off-site for the duration of construction and start-up of Phase 1. (7 months @ average of 80 hours per month) b. Construction Phase 2 - $611,747.00 i. Provide a full-time Project Representative (PR) to provide construction observation for the duration of construction and start- up of Phase 2. (15 months @ 40 hours per week) ii. Provide a part-time Project Construction Observer (PCO) for weekend work the duration of construction and start-up of Phase 2. (15 months @ 3 weekends per month @ 12 hours perweekend and physically on site 6 days per month) iii. Provide Construction Management Team services to review critical elements of construction on or off-site for the duration of construction and start-up of Phase 2. (15 months @ average of 80 hours per month) AMEND. NO.3 EXHIBIT"A-1" Page 1 of 2 K1Engirmring DataExchangaUENNIFER%WASTEWATER17293 NEW BRAODWAY WYVWREESE AND NICNOLSWMEND.NO.=ONTRACT6dsibit A7.doe 2) Provide detailed coordination with City staff during construction. START-UP PHASE PEER SERVICES No changes. POST-CONSTRUCTION PHASE PEER SERVICES No changes. WARRANTY PHASE SERVICES Not authorized. AMEND. NO.3 EXHIBIT"A-1" Page 2 of 2 K%ErVhoerbV DMaEnhmVeUENNIFER IWASTEWATER7293 NEW BRAODWAY VWYTP%FREESE AND NICHOLSIAMEND.NO.3%CONTRACTW-Xhibit A1.doc € m N p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) w \ \ \ O O "a 4) O O O N O 0 0 0 0 M N r m E Nam a O U 0 0 0 0 0 0 0 0 p p p o 0 0 0 0 o U) � H H H � �°O LO °o o > H � ° ° ° m m m °� °O ° ° O O o LO U) to u) > � � c> IL .w Oc� ° 0 0 LO O 00 O O Q Q Q O° °0 0 �°O 7 V O � 6 � � to N ' 1-> 69. C W +' O O 1pA O w O N N Q Q Q V to V 0 0 0 I- fit! N O r �p m m m I%. N r- OD 2 'r M M OD N r r I-f CO qqi N Z p = to EA EA tflr fA - I— F- O WCV 4) O N 0 0 0 0 0 O O I, O Il- Il- m Z Z d O N O N 'D F- �- 1- '0 N (0 00 r r CS W v O 'a � Ef3 cfl � 0 ) > E � IL a IL V o � ° ° ° N_ 0 2 � � I- 1- m~ N ° � N O o 0 o Z T- V-_ V- N Q V 0 0 0 O 0 O ° ° m m m °O O O O ` ooLOLO0 o F- PP0 000 � N C � 613. O V N U N U N ff1 U) N U- N O O C li U N O y V. m a v .� m ca Z CL O O N a U m C O O N Z a LL E U m ,� O N N '0 o t o E: Q Q E 'v, -v a � mU) aa � � a0cUnvo v') mQ � AMEND. NO. 3 EXHIBIT"B" Pa e 1 of 1 I SUPPLIER NUMBER TO BE ASSIGNED BYCRY PURCHASING DIVISION gby of CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST C ti MCity of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business t 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: Freese and Nichols,Inc. P.O.BOX: STREET ADDRESS: goo N.Shoreline Blvd.,Suite 160ON CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation ® 2. Partnership B 3. Sole Owner [3 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 Corpusrtsti 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 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 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 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 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 writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Principal crnw or PrWn Signature of Certifying Date: 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. "OliiciaV 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. E "Ownership Interest:' Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, taut, 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. c� U � VJ 'a r ,d 1 y. a Y+ �« /, #t � n U N U u, V) LPL . . O F, . C: U . V t � Q� •vi � � O U i U C:O m LL -6 c0 V u C: I (A :3 o 4-J � 4-JU 0 a o V Q o-,. 4� ^� 0 N U +•+ +•+ > > LL > Q �.0 =� (10 .4-) - 0- O c- 0LL U U 0 U O O 0 O .7 C: N • • rC Q N •O C: Q U O CA Boa = ma- a- ULLLn (Aa- ULn L- a a � 00 � a V V � n co CID �d}txo r 0 7i'7''l�y J O r«? frr M- OD ) m o r O m O 0 fa �► FQ%,ti` N N «7�'fr ir" � /1 1 \✓ �V f r ^ pF 4-) m vJ r-4 4-J f'r`'F�z�/fC�� Co =3 f 2 I cn N O N " L nt v m 1�1 xstr LL -ao ^ O p - _? IfrG. O N -j U � 4--+ O � 0 a Q Z 12 ms tSOME, E ^ E ^ z �r���€. Ln C lirf7f7r3 o U �TE +�.+ UE � C E C m2Ln UU (.0 N +-JUrl mLn LL mLn L.L i � � a � g � n It- 'n r :,... d� U LU i F I � t � 0 O. O W O O 0 h O' 0 0 h O' 0 0 O' 0 0 Or' 0 0 0r' 0 O 0 0 O 0 h 0 O O O O O O O O O O O O O O O O O OO O O Om N0OW N 0 0 N W rr O O O O. Q 0 N W 0 N 0 W O N V O. a N O M N_ (0. W V (0. NW . N M . W - . O D N I N N O N N O M h V N h W (0 'I V (0 W h M N W V O (0 M (0 a0 M (0 h N O (0 M V N W N N 'I N N V N W O N Cf N h', r N N'. N cf. N 'I N N (0'.. (0 W 'I W)O M N N N — N N V W01 0 O 00 0 v ° 0 00 0 0 2 g C) 0 N 0 N m 3 o m Q 2 2 z z z W 4 Z Z 4' 2 0 fr e � ._ o ors 0 E o w > m 4 E a 0 U 4 4 s 0 • O 0 001 N z 0 m �.. 3 N J E Q N N a E o m O t a) W ° O N a s 4 6 ° N a 0 s E Q 0> o 0 0 0 Q o m o t E a J E o a 0 a) 4 as a) Z z J g, (n a) o a o a a o a) 00 > o W Co -o m o m o - o o o o W o- o m o H a 0 C o 011 c>D N N 0 N 0 > N O W O 0 0 -0 � a 0 m o Z c o y E m w o 0 ' o -0 o o -0 E ul CD W E � � '� N ° p o o E a 0 a �, �, a o _° a ° m o o E o 0 o m a o E a a 3 7 U p C: U c U Cu `m o c C .� ao o � CD o a `m 3 m a m' v LL W o O T'. U O U 0 0 o C C of W CD J U O E W m'.. a3 U O N U 2m a ° o o W a W a m a o o C L H o Z � E - � � o - 0) E o 0) 0 0 H W H U o U o d a U' U U W U U U 1 r 1. CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 23, 2013 Agenda Item: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $1,120,662.00, for the New Broadway Wastewater Treatment Plant for construction observation services. Amount Required: $1,120,662.00 Fund Name Account No. Fund No. Org. No. Project No. Amount Wastewater 550950 4249 00000 190130 $1,120,662.00 2012B CIP (Rev Bds) Total $1,120,662.00 ❑ Certification Not Required Director of Financial Services Date: .4@US Ga 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 9, 2013 NoP© p,EO Action Item for the City Council Meeting of July 16, 2013 1852 DATE: July 2, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289-0171 Approval of Change Order No.5 for Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$718,655.07 for a total restated fee not to exceed $13,728,905.59, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. PURPOSE: To execute Change Order No. 5 for Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway Project with Bay Ltd. In accordance with below described FAA designed revisions and remain on schedule for an October 15, 2013 Flight Check which is critical to the additional funding of future project Runway 13-31 Extension/Displacement and Connecting Taxiway. BACKGROUND AND FINDINGS: The construction contract for this project was awarded on September 17, 2012 to Bay Ltd. in the amount of $12,841,419.06. The project began construction on October 29, 2012, with an anticipated completion date of October 29, 2013. The project extended the existing 6,080 foot Runway 17 to the North 600 feet and provides high strength pavement that is capable of accommodating a full range of aircraft. The Federal Aviation Administration (FAA) approved design and work to be done under this project for the installation of various Navigational Aids (NAVAIDS) for the runway. This NAVAIDS work was generally described within the original scope of the project; however, after construction began several changes and upgrades were determined necessary due to revised FAA requirements. The FAA, CCIA, KSA Engineers and the Engineering Department determined that in order to mitigate impacts to the overall projects' schedule and because of the complexity associated with the project; it was more efficient to have the current Contractor perform this work in their respective construction locations. Having the same Contractor perform this work eliminates the possibility of having another Contractor interfere with the ongoing critical path work activities of the Runway 17-35 Expansion. This enables this work to be done in a manner consistent with the FAA requirements and remain on schedule for flight check. Attached is Change Order No. 5, detailing the described scope of these changes. The NAVAIDS work required to be installed and functioning under this change order agreement is to be completed by the October 15, 2013, Flight Check Date. ALTERNATIVES: 1. Execute Change Order No. 5 with Bay, Ltd. as proposed. 2. Do not Execute Change Order No. 5 with Bay, Ltd. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Texas Local Government Code §252.048 regarding Change Orders; FY 2012-2013 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: Operating Revenue X Capital of applicable Project to Date Expenditures Future Fiscal Year: 2012-2013 (CIP only) Current Year Years TOTALS Line Item Budget 566,000.00 12,000,000.00 12,566,000.00 Additional Project Match 1,179,576.38 1,179,576.38 Additional Grant Appropriation 5,545,505.00 5,545,505.00 TOTAL PROJECT BUDGET $18,725,081.38 $19,291,081.38 Encumbered / Expended Amount (566,000.00) (566,000.00) This item (718,655.07) (718,655.07) Future Anticipated Expenses This Project (15,688,699.85) (15,688,699.85) BALANCE $2,317,726.46 1 $2,317,726.46 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) Comments: The construction contract will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends executing Change Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $718,655.07 for a total restated fee not to exceed $13,728,905.59, for the Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map File \Mproject\councilexhibits\exhE11046.dwg FECES o `� F.M. 624 MUECES PAY 101. N � Up z � ROAD a Q o "37 CORPI.IS o z o CHIUSTI AGN ES AM S HWY 44 MORGAN CCIA McGL01N RD. c� W PMT PROJECT LOCATION LOCATION MAP NOT TO SCALE N /�, ,�,v CORPUS CHRISTI� INTERNATIONA AIRPORT -�� PROJECT SITE X SITE PLAN PROJECT# E11046 NOT TO SCALE CONTRACT AMENDMENTS No. 5 CITY COUNCIL EXHIBIT INFIELD TAXIWAY CONNECTORS/RUNWAY 17-35 DEPARTMENT OF ENGINEERING'SERVICES PAGE: 1 of 1 PROJECT BUDGET Runway 17/35 Connecting Taxiways Project FUNDS AVAILABLE: Amount FAA Grant $ 16,345,505.00 Airport CIP Reserves (match) $ 2,379,576.38 TOTAL AVAILABLE: $ 18,725,081.38 FUNDS REQUIRED: Construction (Bay LTD).................................................................................. $ 12,841,419.06 Change Orders 1 thru 4.................................................................................. $ 168,831.46 Change Order No. 5...................................................................................... $ 718,655.07 Engineer Fees: Engineer- Design (KSA Engineers, Inc.)*........................................................... $779,550.00 Construction Mgmt & Inspection, (KSA Engineers, Inc.)**...................................... $495,000.00 Geotechnical Eng and Materials Testing (KSA Engineers, Inc. / Rock Eng)**............. $150,000.00 Construction Inspection and Surveying (KSA Engineers, Inc. / LNV Eng)** ............... $355,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................. $ 321,035.48 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)..................................... $ 321,035.48 Finance Reimbursements................................................................................ $ 192,621.29 Misc. (Printing, Advertising, etc.)....................................................................... $ 64,207.10 TOTAL $ 16,407,354.92 ESTIMATED GRANT BUDGET BALANCE $ 2,317,726.46 *Task Order No. 3 approved by City Council on May 17, 2011. **Amendment No. 9 approved by City Council on September 25, 2012, M2012-174 CHANCE ORDER Department of Engineering Services City of Corpus Christi,Texas CHANGE ORDER 5 FUNDING SOURCE': E11046(AP-138) CON TRACT I-IME: 365 days Operating Dcpartmem: Aviation DATE- June 25,2013 Name of Preject- RunwaX 17-35 RunwuX Extension/Displacement and Connecting Taxiway Project (11/05/2013) Pinson Road,Draina&c ImpmvementsandNorthGeneral Aviation Apn)n Items (04/26/2(113) Runwav and NAVAIDS Items(08/01/2013) Contractor: Ben Contractin g,LP dl a B2 X,Ltd.,11.0.Box 9808,Corpus Christi,Texas 78469 CHANGE ORDER ADD CO 5 ITEMS TOTALED S718,655.07 Total: $718,655.07 Why was this than neccs;saEj!_If,Ieft off the lens and specifications,elptain_ These uanti! and desiLn chap es were made at the direction of the FAA to ca 2lj with revised l"AA design rNuirements, How can similar changes be avoided in the future? Unavoidable. CONTRACT Pinson Rd& No. Runway& G.A.Apron Item NAVAID Items A. CONTRACT $12,841,419.06 B. TOTAL CHANGE ORDERS (including/current) $887,486.53 C. NEW CONTRACT $13.72&905,59 D. T141S CHANGE $718,655.07 E. PERCENT TOTAL CHANGE(WA) 6,91% ORIGINAL COMPLETION DATE 111512013 412612013 8/1121113 I". PREVIOUS ADDITIONAL TIME AUTHORIZED 1 15.75 0 G, ADDITIONAL TIME'rnis CHANGE ORDER 6 75 1-1. REVISED COMPLETION DATE 11/24/2013 5/18/2013 10/1512013 C, Prqjec M nagcr CITY OF CORPUS CHRISTI, CONTRACTOR 13y: (-04LZ61127 By: birector of Engineering Services APPR!V (./�?6`/( —� Thic: Operating Department Dir.of Management&Budget gal Department A A AS A 1 1 1 1 1 1 1 A I is AS A I I . . . . . . . . . . . . . . . . . . . . . . . e 2 . . . . . . . . . . . . . . . - - - - - T - - - - - - - HR v 'd r- z m q I q q a a g zi sf u q q E� 2 zr 5 3 4 E R 16 ox C9 F 2 e c E ca �WEM&g M Mal 6 U�.ffil 1 2f Xq _q 1 7.- 7R . . . . . . . . . . . . . . . . . . . . i. . . . . . a 5 a a Z a 9 t; FT n IN ig Sic ol ar -R 61 2 PEI 7 Z 19-A A 6 T 51 10 NAM i 9 1 jf 1 SIR r -1 ' a 5 ® ,## M + . - F L. i �✓ [T Cao ie 6 is 4 F s sis s s' s 6 i 1 �Jji92l r w w w m _ L y MIN rz L SF i GO IS IN"' } r } n � v 1 Slr y 11 _ MEN w Ifs .� - DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 9, 2013 PROJECT: CCIA Runway 17/35 Extension/Displacement Connectivity Taxiways (Project No. E11046) APPROVED: City Council Ordinance 029621 on September 11, 2012 CONTRACTOR: Bay, Ltd. P.O. Box 9908 1414 Valero Way Corpus Christi, TX 78469-9908 TOTAL CONTRACT AMOUNT (September 11, 2012) $12,841,419.06 Ord. 029621 25% Limit Amount $3,210,354.77 Change Order No. 1 $30,405.15 Administrative Approval Change Order No. 2 $47,847.77 Administrative Approval Change Order No. 3 $49,684.14 Administrative Approval Change Order No. 4 $40,894.40 Administrative Approval Change Order No. 5 $718,655.07 Total All Change Orders $887,486.53 6.91%<25% NEW CONTRACT PRICE $13,728,905.59 KAEngineering Data Exchange\ClarissaJ\Airport\Combo Item Runway 17-35-E11046,E11122,E11123\Agenda Item-Change Order\Change Order Summary.docx c° a I AGENDA MEMORANDUM p4�q Future Item for the City Council Meeting of July 9, 2013 Action Item for the City Council Meeting of July 23, 2013 DATE: May 313 2013 TO: Donald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (381) 828-3082 espcctexas.com FROM: Emily Martinez (381) 8824 emartinez@ccredc.com Tax Abatement Agreement for Kinney Hotel Partners LTD CAPTION Resolution authorizing the execution of an agreement with Finney Hotel Partners LTD providing for temporary property tax abatement. PURPOSE Granting a tax abatement to Kinney Hotel Partners LTD for a term of up to eight years. BACKGROUND AND FINDINGS: Finney Hotel Partners LTD submitted an application for incentives to the City of Carpus Christi requesting tax abatement for the property located at 318 Born Street. The development is located within Downtown„ a council identified catalyst area, and is within an enterprise zone designated pursuant to the Texas Government Code. In accordance with the City's Tax Abatement Guidelines and Criteria, Kinney Hotel Partners LTD is seeking tax abatement as per section 2 (1) (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 (l)(1)and (2)above, with a minimum level of 3 for any 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 a hotel. Improvements are estimated to be approximately $4.7 million of which $4.7 million is eligible for tax abatement. The property is currently appraised at $438,670.00. ALTERNATIVES: There are no other incentives available for a project of 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 the downtown catalyst area and it will be locally owned EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY FINANCIAL IMPACT: F-5 Operating Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 147,489 147,489 BALANCE 147,489 147,489 Fund(s). General Comments: In a ten year analysis of tax receipts, the City would receive $25,029 for the property if the land remains vacant. The City would receive $147,489 more if the project is approved over a ten year period. The total taxes the City would receive if the project goes forward is $172,518 for the ten year period- RECOMMENDATION: Staff recommends approval to grant tax abatement to Kinney Hotel Partners LTD, the owner of taxable property located at 318 Born Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Resolution Certification of Funds Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with Kinney Hotel Partners 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 Kinney Hotel Partners LTD for the construction of a boutique hotel 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 an enterprise 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 Kinney Hotel Partners LTD providing for temporary property tax abatement and the property subject to the proposed agreement meets 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 Kinney Hotel Partners 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: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Resolution Kinney Hotel Tax Abatement 5-13-13 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 Kinney Hotel Tax Abatement 5-13-13 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 23, 2013 Agenda Item: Resolution authorizing the execution of an agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement. Amount Required: $ NA Fund Name Account No. Fund No. Org. No. Project No. Amount Total $ ® Certification Not Required Director of Financial Services Date: TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, Texas ("City") and Kinney Hotel Partners LTD, a Texas limited partnership ("Owner"), the owner of taxable property in the City of Corpus Christi, Texas, located on 318 Born Street, Corpus Christi, NueGes County, Texas ("Property"). 1. AUTHORIZATION 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. The Guidelines and Criteria for Granting Tax Abatement ("Guidelines and Criteria") adopted by the City are incorporated as a part of this Agreement. Except as the Guidelines and Criteria are specifically modified by this Agreement as allowed by Section 312.002(d) (1) of the Act, all definitions in the Guidelines and Criteria are applicable to this Agreement. The Property is within an enterprise zone designated pursuant to Chapter 2303 of the Texas Government Code. 11. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 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 development purposes under the Act 3. "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. 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (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. Page I of 14 Tax Abatement Kinney Holef 5-31-13 (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 substantial evidence rule. 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Enterprise Zone Facility, Downtown Revitalization Housing Facility, Petrochemical Facility, Convention Center Hotel, or Historically Significant Structure approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. Ill. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas, B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. 17831-0000-0010 (200014484) Page 2 of 14 Tax Abatement Kinney Hotel 5-31-13 Land $427,138.00 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $11,532.0 D. Addition of the above amount to the valuation of the Improvements 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: $438,67&00 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2020 tax year, If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2020 tax 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 the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article Vill of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. Vi. AMOUNT OF ABATEMENT Page 3 of 14 Tax Abatement Kinney Hotel 6-31-13 A. The Abatement provided by this Agreement is based upon a New Facility located within the Downtown Reinvestment Zone. The percentage of tax abated is under the following schedule: Percentage of Abatement 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. At the time of execution of this Agreement, the Owner states to the City that the minimum investment comprising permanent Improvements upon completion of the Construction Phase is: $4,700,000 ("Minimum Investment"), of which $4,700,000 is eligible for tax abatement. C. The formula for calculating the additional tax is outlined as follows: (Tax Rate] x [(85% of Minimum Investment - Actual Minimum Investment) x (100% - Abatement%)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS 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. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation 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 by the next January 1, then this Abatement Agreement terminates and all Page 4 of 14 Tax Abatement Kinney Hotel 5-31-13 abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation, but subsequently discontinues operations during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60)day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be 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. E. Actual Investment. Should the Company not reach the investment as stated in Section 6. C., the difference between the tax abated on the minimum investment and the tax that should have been abated based upon the actual investment as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as 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 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate 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. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback Page 5 of 14 Tax Abatement Kinney Hotel 5-31-13 tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. 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 Texas. 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 will 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. H. City Council Reserves Right to Terminate of Modify Agreement In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. 1. Owner's right to appeal, 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal 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 § 42.42. 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 §42.43. IX ADMINISTRATION A. Inspections, The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owners safety standards. Page 6 of 14 Tax Abatement Kj nney Hotel a-31-13 B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, (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. 3. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90)days following the end of each the calendar year. 4. Submit to the Nueces County Appraisal District an Application for Property Tax Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 110). A copy must be forwarded to the City. D. Utilization of Local Contractors and Suppliers. Owner agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder, E. Utilization of Disadvantaged Business Enterprises ("DBE). Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business Page 7 of 14 Tax Abatement Kinney Hotel 5-31-13 enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces, County. F. Undocumented Workers. Owner does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Owner is convicted of a violation under §U.S.C. Section 1324a(f), Owner shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 1201h day after the date Owner 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, Page 8 of 14 Tax Abatement Kinney Hotel 5-31-13 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 To the Owner: KINNEY HOTEL PARTNERS LTD 329 Peerman Place Corpus Christi, Texas 78411 C. Either party may designate a different address by giving the other party ten days written notice. "Remainder of page left intentionally blank** Page 9 of 14 Tax Abatement Kinney Hotel 5-31-13 This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: - Armando Chapa Ronald L. Olson City Secretary City Manager Executed the day of 2013. OWNER: KINNEY HOTEL PARTNERS LTD By: �j VAk) ---Jne- Ro y'J. Martin, Manager of Phase Two LLC, General Partner of Kinney Hotel Partners LTD Executed this day of Aq:!n 2013. CELIA WILLIFORD Notary Public,state of Texas MY commission Expires ACKNOWLEDGMENT Mrisara February 04, 2016 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF This instrument was acknowledged before me on 2013, by Rodney J. Martin, Manager of Phase Two LLC, a Texas limiteMiability company, General Partner of Kinney Hotel Partners LTD, on behalf of the company. NOTARY PUBLIC, State of s Page 10 of 14 Tax Abatement Kinney Hotel 5-31-13 Exhibit A Project Plan The Kinney will be a high-end boutique hotel catering to business travelers as its primary target and vacationers as its secondary target. The property will consist of 54 rooms in three separate room classes and each will have a king-sized bed and luxury amenities. All rooms will face a lush courtyard surrounded on two sides by two three-story room wings, on the front end by a three-story guest services building, and on the back end by a single-story event space. The hotel will not operate a full-service restaurant or buffet operations but will instead opt for room- delivered meals from a limited, high-end menu of breakfast and appetizer options. It will also house a small bar area to serve guests and locals. The hotel will have a dedicated exercise area, several indoor and outdoor common areas, a conference room available for guests within the main guest services building, and a 4,300 square foot event space that may be utilized as one, two, or three separate spaces. Page 11 of 14 Tax Abatement Kinney Hotel 3-28-13 EXHIBIT B Property Description The Kinney will be located at SCHATZEL TRACT 1, an addition in the City of Corpus Christi, Nueces County, Texas, as shown by the map of the plat thereof recorded in Volume 34, Page , Pap Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. Page 12 of 14 Tax Abatement Kinney Hotel 3-28-13 Exhibit C "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 improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily-available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. 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. Page 13 of 14 Tax Abatement Kinney Hotel 5-31-13 Application for Property Tax Abatement Exemption Prope-rty Tax Form - Allpsded EXiwkfa Mates _ Phiarm(e.aw ol a ndam l' McNeil My.Slads.ZP III w u GEWRAL ONS.,TM aWtOm Is for, In to u1 bell ompMm pubtaDMID Tax CWo§142R.Ill roreatfurrAn all l and do t. n APPIll AD y..W must ft the ownMeled aWmftn all.all seqiVed ampaseeballm January 1 am no lost ftn Al M*1_ year W will yau am uIl an MWAL L' ry REGUMM, lE"or O Promeard to T" e$11.4,allor rmaldsting thra a and all r request u "6 [e Me souramod lMrOm sell SO dam or 1w Melow or RY gr rd Mass sh ,tae Cl e u br whkh yau am Mould's en fiaxaa I POPOV trMI Mal Addhw _ . - P Gnda Plan aaaddwe: ROWW nor 6 SQO fM . d l ladivil 0 partnoral w trial'Sal Nil Ittt 0 Wan owerel; ad vollatom Wall of pro tVa OwIleebris cergartbellon with e ladood has Iderall1colim wMal Ut number be In IHtI of a number,pommel kwaboucas 00000alls,number,Cr wdw d, tier igord�a ie �aih a tax idr al�ir�tiaa ,ura n - fad' r n ai ids ca ' n orudulwmvke=uMnwbwismqti' ..PJm rt Tax Gds i 1 e ° hosso number,polvans!ida asertii rrmhrr,nr I awmiltnuther in are anslicafianforan amrom iila did aWmisariseatidomW end rot to a-i Thaaiinrral rmill �d to nd� n eneasolreyaa atom uflae who aak aai"arel by Tax " ItOo y die appirent il a chalflal argerc an d Wwal see:idauffical Tuntor,the apokestnwi poai 1111 UFFdMWOdl FQ49MI t4X'WM61UWUB RUMbM in IsM Of a+tis a iMn ,pfflul kilediOWbfl WWi=il r 1111 ar Well 1100I MI numkrac 011 1 PRO Stal ZiParrtbe Lsaad n al oid nr flumlear IB The race MOsal Diemian at Ow T mm CDfq*mlbr of Pnbfi Anal Ismues pro Ux Fix nwe iftfamaden,visit;mufvvshsisa infarmilill and maumn W Usdayes, ing '"s,ippral d al appoosal ra lea bowds. kid- EVII 'age 14 of 14 Tax Abatement Kinney Hotel 5-31-13 AGENDA MEMORANDUM �Celt Tkk Future Item for the City Council Meeting of July 0, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 GATE. May 28, 2013 TO: Ronald L. Olson, City Manager THROUGH Wes Pierson, Assistant City Manager (301) 828-3082 wesp@cctexas.com FRUIT: Emily Martinez (301) 882-7448 emartinez@ccredc.com Chapter 380 Agreement for Kinney Hotel Partners CAPTION: Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. PURPOSE: Granting a waiver for development fees to Kinney Hotel Partners LTC for the construction of a boutique hotel in the Downtown Catalyst area.. BACKGROUND AND FINDINGS: Kinney Hotel Partners LTD submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the property located at 318 Born Street. The development is located within downtown, a council identified catalyst area. The staff is proposing a Chapter 380 agreement whereby the development fees for the Kinney Hotel project are waived'. The building to be constructed will become a boutique hotel. Improvements are estimated to be approximately$4.7 million. The property is currently appraised at$438,070.00. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: It is in the downtown catalyst area EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY FINANCIAL IMPACT: o Operating o Revenue n Capital Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the Chapter 380 agreement for the property in accordance with the City's Development Fee Reduction/Waiver policy. 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 Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, 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 Kinney Hotel Partners LTD to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, 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 Kinney Hotel Partners LTD to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, 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 Nelda Martinez City Secretary Mayor Corpus Christi, Texas of 2013 RESOLUTION Kinney 380 Agmt 5-13-13 Page 2 of 2 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 Kinney 380 Agmt 5-13-13 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 23, 2013 Agenda Item: Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. Amount Required: $ NA Fund Name Account No. Fund No. Org. No. Project No. Amount Total $ ® Certification Not Required Director of Financial Services Date: CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI, TEXAS AND KINNEY HOTEL PARTNERS IJD Page 1 of 18 Kinney Hotel Chapter 38005-31-13 CHAPTER 380 ECONOMIC DEVELOPMENT I-NCENTIVE AGREEMENT This Chapter 380 Economic Development Incentive Agreement ("Agreement") is entered into as of , 2013 between .1'HE CITY OF CORPUS CHRISTI, TEXAS ("City"), a home rule city and KINNEY HOTEL PARTNERS LTD, a Texas limited partnership ("Company"). RECITALS WHEREAS, the Company desires to construct a high-end boutique hotel catering to business travelers and vacationers within the city limits, as more particularly described in the Project Plan attached hereto as Exhibit "A" (the "Project," as more particularly defined below); and WHEREAS, the City has established a program in accordance with Article 111, 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 Project will be located in downtown Corpus Christi within an area which was designated the Downtown Catalyst Area by Ordinance No. 029781, approved March 26, 2013 by the Corpus Christi City,Council, and WHEREAS, the Corpus Christi City Council has adopted Resolution No. , authorizing the City to waive Development Fees, as defined herein, for the Project in recognition of the positive economic benefits that will accrue,to the City through their Project, with a capital investment, by the Company of approximately $4,500,000, all as more particularly described in Exhibit "All attached hereto; and WILE RE'AS, the City has concluded and hereby finds that this Agreement promotes economic development in the City's Downtown Catalyst Area and, as such, meets the requirements under the 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, the attraction of new businesses, and the additional revenue generated by the Project for the City; and Page 2 of 18 KiDnCytlotel Chapter 380 05-31-13 'WHEREAS, in consideration of the capital investment in the development and construction of the Prqject, which contributes to the City's economic development, the City agrees to waive the Development Fees for the prqject; and WHERF,AS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article 111, Section 52-a of the Texas Constitution, Chapter 380 and other law, the Company has agreed to comply with certain conditions to the receipt 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 Linder 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. (B) The City has the power, authority and legal light 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 tine 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 pert"ormance of this Agreement by the City do not require the consent or approval of any person that has not been obtained. Page 3 of 1.8 Kinney Hotel Cliapier 380 05-31-13 1.2 Representations of the CqMpanv. 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 partnership under the laws of Texas, and shall remain in good standing in Texas during the Terrn 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 wider or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Company under any agreement or instiument to which the Company is a party or by which the Company or its assets may be bound or affected. (C) The Company agrees to evidence, no later than the date it Commences Construction of the Project, which evidence is subject to the administrative approval of the City or its designee(s), whose approval shall not unreasonably be withheld, sufficient available funds to Complete the Project. (D) 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. ARTICLE 11 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 "Commence Construction" means (i) to commence the work of constructing the improvements or features with all approvals thereof and permits required by applicable Page 4 of 18 Kinney Hotel Chapter 380 05-3 1-13 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. 2.3 "Completion" or "Complete" means the date no later than two years from the effective date of this agreement, 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 the Investment Requirement for the Project. 2.4 "Compliance" means timely, fully and completely perfonning or meeting each and every teen, requirement, obligation, performance criteria, duty, condition, or warranty as stated in this Agreement. 2.5 "Development Fees" means any and all 'fees imposed by City upon Developer (including but not limited to Developer's affiliates, assigns, successors, related parties, contractors and subcontractors) in any way related to Developer's platting, zoning, permitting, designing, building, constructing or developing the PrQJect. Development Fees shall include but not be limited to permitting/approval fees, inspection fees and supervision fees. 2.6 "Effective Date" means the first date by which this Agreement has been signed by all of the parties hereto. 2.7 "Federal Bankruptcy Code" means Title 11, United States Code, as amended, and any successor statute. 2.8 "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 I st and ends on the next succeeding July 31st. 2.9 "Force MaJeure" means any act that (a) materially and adversely afTects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party'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 (4) could not be avoided by the Party who suffers it by the exercise of commercially reasonable efforts (provided that such commercially reasonable of 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 satisfiaction 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) Page 5 of 18 Kinney Hotel Chapter 380 05-31-13 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 Party of its obligations wider this Agreement or any applicable law; and (viii) failure of the other Party to perform any of its obligations under this Agreement within the time or by the date required pursuant to the to 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. 110 "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. 2.11 "Investment Requirement" means an investment of capital in the Project of no less than 'Four Million Five Hundred Thousand dollars ($4,500,000) as described in Exhibit "A" and Exhibit "B" attached hereto. The Company must provide documents evidencing the investment provided in the course of the Project pursuant to Article 8 herein. 2.12 "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. 2.13 "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 I" of the year that production for the Project begins, which is when commercial production of a product or pro-vision of a service is achieved at the facility. 2.14 "Term"means the period defined in Article III of this Agreement. ARTICLE III TERM 1.1 The term of this Agreement (the "Tenn") will begin on the Eflective Date, as defined in Section 2.6 herein, and shall continue for two years. Page 6 of 18 Khmey Hotel Chapter 380 05-31-13 ARTICLE]IV THE COMPANY REQUIREMENTS 4.1 Requirement to Complete Project: The Company shall provide reasonable evidence to the City that they have satisfied the Investment Requirement required for Completion of the Project. Should the Company Commence the Project but fail Completion within two years, the Project is considered abandoned and the company will be considered in Default. 4.2 Project General Requirements: With the exception of and subject to the waiver of Development Fees granted by the City in this Agreement, 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, subject to the waiver of Development Fees granted by the City in this Agreement. 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 the City under this Agreement. The Company agrees to proceed in good faith towards the development of the Project. Upon Completion of the Project and during the term of this Agreement, the Company shall maintain the property, improvements and preiriises in a conmiercially reasonable manner, comparable to the maintenance of similar facilities; and shall timely pay all taxes assessed against the Property. 4.3 Commencement of the Project. Subject to 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 waive the Development, Fees 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 2.2 herein. If the Company has not Commenced Construction pursuant to this Section,the City has the option to terminate this Agreement. 4.4 Use of Local Resources (A) The Company shall make Reasonable Efforts to fill construction 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 Corpus Christi area Page 7 of 18 Kinney Hotel Chapter 380 05-31-13 newspapers; and (ii) the Company shall establish an official web site which will be the official means of informing Corpus Christi M 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 M 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 M 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 M who are interested in obtaining inforination about providing goods or services related to the construction of the project. ARTICLE V PROM CT FUNDING 5.1 LAY Ci Comiriftment. City shall waive for the Company an amount equal to all Development Fees pertaining to the Project. The Director of Development Services for the City shall be responsible for tracking and supplying information related to Development Fees for the Project. The City Commitment will begin on. the effective date and will continue through and until the end of two years. ARTICLE VI COVENANTS,WARRANTIES2 OBLIGATIONS AND DUTIES FT 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. Page 8 of 18 Kinney Hotel Chapter 380 05-31-13 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 LitiMfion. No litigation or govenlinental, 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 Bankruotcy. 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 Auth ority. To the best of their knowledge, the Company has acquired or is in the process of acquiring and maintained all necessary lights, licenses, permits and authority to develop the Project in the City and will continue to use commercially reasonable etTorts 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 lawfid 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. 6.7 Ownership Cbanges. 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 0 jgEsWp. 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 its obligations herein. Page of 18 Kinney Hotel Chapter 380 05-31-13 9 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. 6.14 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(f),the Company shall repay the Reimbursement Amount payments, with interest at the Wall Street Journal Prime Rate, not later than the 120'h day after the date the Company has been notified of the violation. ARTICLE VII SUSPENSIONS/TERMINATION Subject to the terms of Article V herein, the, City, under the following circumstances, and at its sole discretion, may temporarily suspend waiver of Development Fees under this Agreement and/or terminate this Agreement, without liability to the Company, and all future Development Fee waiver 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. 7.3 Bankruotcv 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. ARTICLE VIIII REPORTING AND AUDITING 8.1 Audit by the City. The City may audit the Company's records relative to compliance with the Investment 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), and annual payroll. Page 10 of 18 Kinney Hotel Chapter 380 05-31-13 8.2 Access to Records / Mht 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, 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, 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 (i) ,temporarily or permanently suspend waiver of Development Fees under this Agreement andlor (ii) terminate this Agreement, without liability to the Company, cease all future Development Fee waiver obligations, and require the Company to refund to the City any Development Fees waived by the City up to date of termination 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 11.1 . 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. 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 Page H of 18 Kinney Motel Chapter 380 05-31-13 CITY'S LIABILITY LEWITATIONS 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 PermittinL,. Subject to the Company's complying with all applicable laws, City agrees to cooperate with the Company to expeditiously process pan-nits 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 Effect. This Agreement will be binding on and inure to the benefit of the parties and their respective successors and assigns. 11.4 &si tent. 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 coninion 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. 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 her force or effect as of the date of such notice. Page 12 of B Kinney Hotel Chapter 380 05-31-13 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 party; or (iii) by confirmed facsimile, provided that a copy of the Notice is also given in one of the marmers 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: Kinney Hotel Partners LTD Attn.: General Partner 329 Peerman Place Corpus Christi, Texas 78411, City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi,, Texas 78469-9277 Ph: (361) 826-31220 Facsimile: (361) 826-3839 with a copy to: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469-9277 Ph. (361) 826-3360 Facsimile- (361) 826-3239 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 ernployer-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. Page 13 of 18 Kinney Hotel Chapter 380 05-3 1-1 3 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 p Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 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: Exhibit "A:" Project Description Exhibit"B:" Property Description 1,1.14 Variances. The City, in its sole discretion, may grant and. approve variances to the Company from the perfon-nance criteria and development standards described herein upon application in writing therefore by the Company. 11.15 Balance Owed under the Agreement. The total arnount of money awarded in an adjudication brought against City for breach of this Agreement is limited to the total sum, of Development Fees incurred from the date of Commencement of Construction through the date that construction or development efforts cease due to conflict between the parties under this Agreement. 1,1.16 Damages notincluded. 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 Page 14 of 18 Kinney Hotel Chapter 380 05-31-13 GENERALTERMS 12.1 Entire Aggreement. 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. 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 such information to the public,unless required by law or court order. City shall immediately notify the Company of requests or court orders to release such information. [Remainder of this page is intentionally left blank] EXECUTED to be effective as of this day 2013 KINNEY TEL PARTNE RS LTD Signed on this ) day of M(4A 2013 By: VJ Rod Martin, Manager of Phase Two LLC, General Partner of Kinney Hotel P' ners LTD Page 15 of 18 Kinney Hotel Chapter 380 05-31-13 CITY OF CORPUS CHRISTI,TEXAS Signed on this day of 12013 ATTEST: CITY OF CORPUS CI-HUSTI Armando Chapa, Ronald L. Olson City Secretary City Manager Page 16 of 18 Kinney 1-totel Chapter 380 05-31-13 Exhibit A Project Plan The Kinney will be a.high-end boutique hotel catering to business travelers as its primary target and vacationers as its secondary target. The property will consist of 54 rooms in three separate room classes and each will have a king-sized bed and luxury amenities. All rooms will face a lush courtyard surrounded on two sides by tv,,o three-story room wings, on the front end by a three-story guest services building, and on the back end by a single-story event sl)ace. The hotel will not operate a fall-service restaurant or buffet operations but will instead opt for room- delivered meals from a limited, high-end menu of breakfast and appetizer options. It will also house a small bar area to serve guests and locals. The hotel will have a dedicated exercise area, several indoor and outdoor common areas, a conference room available for guests within the main guest services building, and a 4,300 square foot event space that may be utilized as one, two, or three separate spaces. Page 17 of 18 Kinney Hotel Chapter 380 05-31-13 Exhibit B Property Description The Kh-mev will be located at SCIIATZEL TRACT 1, an addition in the City of Corpus Christi. Nueces County, Texas, as shmNmby the map oaf f the plat thereof recorded in Volume 334, Pagge 46, Map Records of Naeces County, Texas,, to which reference is here made for all pertinent purposes. Page 18 of 18 Kinney Hotel C aptCT 380 05-31-13 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 16, 2013 DATE: June 12, 2013 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826-3105 Amending Council Policy regarding Board Recommendations CAPTION: Resolution amending City Council policies for City board, committee, and commission appointment recommendations. PURPOSE: A briefing was provided to council on June 11, 2013 and Council directed staff to amend Council Policy No. 14(I) to read as follows: 14. Boards, Commissions and Committee procedures: I. "Recommendations for appointment will be solicited from the affected Boards, Commissions, and Committees only for the following: City Council's Youth Advisory Committee Commission on Children &Youth Committee for Persons with Disabilities Community Youth Development (78415) Food Service Advisory Committee Leadership Committee for Senior Services Oil & Gas Advisory Committee Retired and Senior Volunteer Program Advisory Committee Senior Companion Program Advisory Committee Tree Advisory Committee ALTERNATIVES: Council may approve or disapprove the Resolution. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: City Staff recommends approve of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 1 Resolution amending City Council policies for City board, committee, and commission appointment recommendations. Be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That Section 14.1 of the City Council policies regarding City board, committee, and commission appointment recommendations, is revised to read as follows, with the new language indicated by underlined text: "14. Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have a resume or biographical information sketch on file in the office of the City Secretary. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless required by charter, statute, or other ordinance or when such service is required by virtue of the individual's position or title as the result of employment or when such appointment involves the Mayor or Council Members. The following rules and procedures will govern standing City Boards, Commissions, and Committees: 1. Recommendations for appointments will be solicited from the affected Boards, Commissions, and Committees only for the following: City Council Youth Advisory Committee; Commission on Children &Youth; Committee for Persons with Disabilities; Community Youth Development (78415); Food Service Advisory Committee; Leadership Committee for Senior Services; Oil & Gas Advisory Committee; Retired and Senior Volunteer Program Advisory Committee; 2 Senior Companion Program Advisory Committee; and Tree Advisory Committee. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary 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 Cyr CO's � v PH �aRPOa,E AGENDA MEMORANDUM 1852 for the City Council Meeting of July 9, 2013 DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager Margie RQcctexas.com 826-3232 Utility Business Office Collections Management Program STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose Assistant City Manager ACM — General Government & Operations Support 2. Michael Barrera Assistant Director of Financial Services Finance OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND : This presentation will give a briefing on the Utility Business Office's Collection Management Program LIST OF SUPPORTING DOCUMENTS: Power Point Presentation — Utility Collections Management—July 9, 2013 4=J E 0 , o tA E� sluml W Osumi ff 4mJ N V/ 4-0 W E W L / V n E O■ 4-J Ln E E 4J O 0 M 4-J ^� V) W �>. 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