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Agenda Packet City Council - 09/10/2013
Corpus Christi 1201 Leopard Street � • p Corpus Christi,TX 78401 cctexas.com j C mis f: IJ Meeting Agenda - Final City Council Tuesday,September 10,2013 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 Pastor Ed Paul, Metropolitan Community Church 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. 13-000336 Proclamation declaring September 11, 2013 as "9/11 Day of Service & Remembrance" Proclamation declaring September 2013 as "National Senior Center Month" 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 9/6/2013 City Council Meeting Agenda-Final September 10,2013 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: (ITEMS 2 -5) 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. 13-000787 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the evaluation of the City Secretary with possible discussion and action in open session. 3. 13-000828 Executive session pursuant to Section 551.072 to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person. 4. 13-000829 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session 5. 13-000849 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the evaluation of the following Municipal Court Judges: Presiding Judge Flores, Judge Alaniz, Judge Baytek, Judge Henderson, Judge Gonzalez, Judge Matt, Judge O'Hare, Judge Rivera, Judge Rogoff-Klein, Judge Robinson, and Judge Tamez, Corpus Christi Page 2 Printed on 9/6/2013 City Council Meeting Agenda-Final September 10,2013 and City Auditor Arlena Sones. I. MINUTES: 6. 13-000337 Regular Council Meeting of August 27, 2013 Attachments: Minutes-August 27, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: 7. 13-000333 Airport Board City Council's Youth Advisory Committee Commission on Children and Youth Senior Companion Program Attachments: 09-10-13 final 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: (ITEMS 8 - 12) 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. 8. 13-000753 Approval of Nueces River Authority's FY 13-14 work plan Motion to authorize the City Manager or designee to execute work plan and budget agreement with the Nueces River Authority to provide water planning, protection, development, and data management services to the City for FY 2013-2014. Attachments: Agenda Memo- NRA Work Plan Work Plan- Nueces PY 14 .pdf Presentation- NRA Work Plan 9. 13-000763 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS) Motion authorizing the City Manager or his designee to renew an annual Corpus Christi Page 3 Printed on 9/6/2013 City Council Meeting Agenda'Final September 10.2018 Joint Funding Agreement for Water Resources Investigation with the United Gbsteo Geological Society (UGGG). U.G. Department of the |ntehor, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $158.462. Attachments: Presentation- USGS Contract 10. .C3-000775 Recommendation of"Red Route" as preferred alternative route for the replacement of the Harbor Bridge Resolution to recommend a preferred alternative route for the replacement of the Harbor Bridge. Attachments: Agenda Memo- Harbor Bridge Resolution -Harbor Bridge 11. 13-0X00802 Amending the FY2O13-14 Consolidated Annual Action Plan (CAoAP) due to the final allocation of funds being received from the United States Department of Housing and Urban Development Motion to amend the 2013 Consolidated Annual Action Plan (CAAP) approved by the U.G. Department ofHousing and Urban Development (HUD) to increase the Community Development Block Grant Program by $265,242, increase the HOME Investment Partnerships Program by $6.880, and reduce the Emergency Solutions Grant Program by $62.18S; and to authorize the City Manager or designee, following the conclusion of the comment period required by HUD, to amend the FY2013CAAPby accepting the allocation changes and recommendations by staff; and to execute all necessary documents with HUD and the CAAPgrantees. Attachments: Pr2jtgLL�E�G Substantial Amendment Project,Ljst_ESG, Substantial Amendment Elevator-Central 12. 1C3-{00K0752 Second Reading Ordinance - Rezoning from the "|L" Light Industrial District tothe "CG-2" General Commercial District, on property located mt2317RoddField Road (1st Reading 8/27/13) Case No. 0713-06 Bay Area Self Storage of Corpus Christi Manager, LLC: Anezoning from the ''|L^ Light Industrial District tothe ''CG-2^ General Commercial Diotriot, not resulting in a change tothe Future Land Use Plan, on property described ao being a4.2S-aone tract ofland out of Lot 21A. Block 2, VWndbrook Unit 2, located along the west side Corpus Christi Page Printed onuaaom City Council Meeting Agenda-Final September 10,2013 of Rodd Field Road, approximately 135 feet north of Cano Lane. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code upon application by Bay Area Self Storage of Corpus Christi Manager, LLC, acting as agent on behalf of Bay Area Self Storage of Corpus Christi, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 4.29-acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2 from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-__Bay Area Self Storage, 2317 Redd Field Map-Aerial Overview- Bgy Area Self Storage, 2317 Rodd Field Zoning Report-Bav Area Self Storage, 2317 Rodd Field Ordinance- Bav Area Self Storage, 2317 Rodd Field M. PUBLIC HEARINGS: (ITEMS 13 - 14) 13. 13-000755 Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District, on property located south of La Quinta Road and bayward of the City limit line. Case No. 0713-05 Port of Corpus Christi Authority of Nueces County, Texas: A rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on property described as being a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District Ordinance Ordinance amending the Unified Development Code upon application by the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), by changing the UDC Zoning Map in reference to a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the Corpus Christi Page 5 Printed on 9/6/2013 City Council Meeting Agenda'Final September 10.2018 State Mineral Tract Nos. 1. 11. and 12. from the "RS-6" Single-Family 6 District tothe ''|H^ Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing fora repealer clause and publication. Attachments: Agenda Memo- Port of Corpus Christi, La Quinta Road Aerial Map-Port of Corpus Christi, La Quinta Road Zoning Report-Port of Corpus Christi, La Quinta Road Ordinance- Port of Corpus Christi, La Quinta Road 14' 1%3-0X007189 Public Hearing and First Reading Ordinance -Rezoning from the "|L" Light Industrial District tothe "CG-2" General Commercial District, on property located mt23O1 Agnes Street. Case No. 0813-01 Stuart : Anezoning from the ''|L^ Light Industrial District tothe ''CG-2^ General Commercial Diothot, not resulting in a change tothe Future Land Use Plan. The property to be rezoned is described ao Lots 1-24. Block 8, Patrick-Webb Addition, located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets. Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the ''|L^ Light Industrial District to the ''CG-2^ General Connnnepoia| District. Ordinance Ordinance amending the Unified Development Code (''UDC^), upon application by Stuart Gpige|, acting as agent on behalf ofGPGTexas Centers, Ltd. (''{}vvner'). by changing the UDC Zoning Map in reference to Lots 1-24, Block 8, Patrick-Webb Addition, from the ''|L^ Light Industrial District to the ''CG-2^ General Connnnepoia| District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Ordinance-Stuart S igel 2301 Agnes N. REGULAR AGENDA: (ITEMS 15 - 17) The following items are motions, resolutions and ordinances that will bo considered and voted onindividually. 15' 13c{K}0751 Second Reading Ordinance - Rezoning from the ^|L^ Light Industrial District tothe ^|C^ Industrial Compatible District, on properties located onBnezinmRoad between Weber and Bnotton Roads (1stReading 8/27/13) Corpus Christi Page Printed onuaaom City Council Meeting Agenda-Final September 10,2013 Case No. 0713-01 City of Corpus Christi: A rezoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District on property described as being a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, located along Brezina Road, approximately 1,400 feet south of Bratton Road. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District. Ordinance Ordinance amending the Unified Development Code, upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, from the "IL" Light Industrial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Citt of CC-Brezina Road Presentation-City of CC- Brezina Road Zoning Report-Clty of CC- Brezina Road Ordinance-City of CC, Brezina Road 16. 13-000762 Second Reading Ordinance -Amending City Code, revising the City's Water Resource Management Ordinance (1st Reading 8127113) Ordinance amending City Code of Ordinances, Chapter 55, Article XI Water Resource Management, regarding water resource management including drought restrictions and surcharges, providing an effective date; and providing for penalties. Attachments: Agenda Memo-Amendment to Conservation Ordinance Ordinance-Amendment to Water Resource Managerment Presentation-Amendment to Water Resource Management Ordinance 9 10 20 Revised Ordinance-Amendment to Water Resource Management Ordinance S 17. 13-000818 Emergency Ordinance -Adopting the Fiscal Year 2014 Property Tax Rate Ordinance setting a property tax rate of$0.585264 per$100 valuation which is effectively a 10.63% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Memo-Ad Valorem Tax Rate-AdojLg the Rate.pdf Ordinance-Ad Valorem Tax Rate 2013.�df Corpus Christi Page 7 Printed on 9/6/2013 City Council Meeting Agenda-Final September 10,2013 O. FIRST READING ORDINANCES: (ITEMS 18 -26) 18. 13-000806 First Reading Ordinance -Accepting and appropriating the 2014 Selective Traffic Enforcement Program grant from the Texas Departmant of Transportation (TXDOT) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of$48,041.33, for a total project cost of$144,439.23 and appropriating $96,397.90 in the No. 1061 Police Grants Fund. Attachments: Agenda memo-STEP appropriation 09.10.2013 Award Notice-2014-CorpusPD-S-1YG-0042(11 Ordinance-(STEP} grant 2013- Police 19. 13-000819 First Reading Ordinance -Accepting and appropriating a Regional grant for WebEOC Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of$30,000 for the benefit of the City's WebEOC operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. Attachments: Agenda Memo-WebEOC Ordinance-WebEOC Award Letter-WebEOC 20. 13-000766 First Reading Ordinance -Construction contract for Fire Station No. 5 Relocation Re-Bid (Bond 2008) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer$181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of$1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. Corpus Christi Page 8 Printed on 9/6/2013 City Council Meeting Agenda'Final September 10.2018 Attachments: Agenda,-_R e Station No. 5 Ordinance- Fire Station No. 5 ProLqct Q,gdget_-_ ire Station No. 5 RE-BID Locafion_Map,-_Fi e Station No. 5 Relocation Re-Bid Presentation- Fire Station No. 5 Re-bid 21. 13-0X00494 FirstRemding [}ndinmnoe -Appnoprimtingfundsforpmrk improvements and other related projects Ordinance appropriating $410.468.46in developer contributions and $766.93 in interest earnings for a sum of$411.235.39 in the No. 4720 Community Enrichment Fund for park innprovennento, and other related projects. Ordinance-CommEnrich,fds,appropriation,Sep 013 22' 13-0X00K103 First Reading Ordinance - Funding the creation of m strike force for minor emergency maintenance items Ordinance appropriating $296.500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $2S6.500. Attachments: AgendaMemo-Strike Force Ordinance-Strike Force Presentation-Strike Force 23. .%3- X}08{X9 First Reading Ordinance -Changing Born Street from one-may traffic to two-way traffic Ordinance amending Section 53-250of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule |. One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo-Born St Ordinance- Born St 24. 1C3-{00K0815 First Reading Ordinance - Granting m Revocable Easement to m||onx m pipeline to cross two tracts of City owned land Ordinance granting a Revocable Easement toTexGtarMidstream Ud|ih/, Corpus Christi Page Printed onuaaom City Council Meeting Agenda'Final September 10.2018 LP to oonotnuot, operate, nnainbain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the D.N. Stevens Water Treatment Plant; for the amount of $70.000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Attachments: Ordinance- Ease 25. 'C3-{00K}825 FirstRemding [}ndinmnoe -Appnovingmgneemmentmnd reimbursement for construction of water arterial transmission and grid main line Ordinance authorizing execution ofa water arterial transmission and grid main construction and reimbursement agreement ("Agneennent") with Kitty Hawk Development LTD.. ("Deve|oper'), for the construction of a water arterial transmission and grid main line and appropriating $30.691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- KittyHawk Development, LTD LgLttMfDLjEith Attachments Water Art Tran &Grid main ReiDIL,�j�mtKit H& 26. 1C3-{00K0824 First Reading Ordinance - Reestablishing Industrial Districts and authorizing City Manager to execute Industrial District Agreements for m ten year period. Ordinance authorizing the reestablishment of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts; reserving and preserving all righto, powers and duties of the City Council; authorizing the City Manager, or designee, to execute Industrial District Agreements byand between the City and various property owners located within the extraterritorial jurisdiction of the City. Attachments: P. FUTURE AGENDA : (ITEMS 27 -32) Corpus Christi Page 10 Printed on 91612013 City Council Meeting Agenda-Final September 10,2013 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 27. 13-000804 Service Agreement for Pump & Motor Repairs at water treatment plant Motion approving a service agreement with Smith Pump Company, Inc., Woodway, Texas, based on best value, in accordance with Request for Proposal BI-0120-13, for an estimated annual expenditure of $664,260 of which $553,550 is budgeted in FY 2013/2014. The term of the agreement will be for one year and will automatically be extended for up to two additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013/2014. Attachments: Agenda Memo- Pump& Motor Repairs Evaluation Matrix- Pump Motor Repairs Service Agreement- Pump& Motor Repairs 28. 13-000814 Service Agreement for Workers' Compensation Third-Party Administrator Services Motion approving a service agreement with York Risk Services Group, Inc. of Corpus Christi, Texas for workers' compensation third-party administration services, in accordance with Request for Proposal Number BI-0063-13, based on lowest responsible proposal, for an estimated one-year expenditure of$329,290, of which $301,849.17 is required for FY13/14. The term of the service agreement will be for one year with an option to extend for up to three additional one-year periods subject to the approval of the service provider and the City Manager or designee. This service will be used by the Risk Management Division of the Legal Department in administering the City's workers' compensation claims. Funding is available in the Liability and Employee Benefits Workers' Compensation Fund for FY13/14. Attachments: Agenda Memo-Workers' Compensation Third-PartyAdmin Services Service Agreement-Workers Comp TPA Price Sheet-Workera° Compensation Third-Pgjj Admin Services 29. 13-000774 Use of Permanent Art Trust funds to complete sculpture installation and identification Motion to approve an $9,920 expenditure from the Permanent Art Trust Fund for expenses related to fabrication, re-installation, and identification of Chin art sculpture at the American Bank Center on the Corpus Christi Bay Front. Attachments: Agenda Memo- Permanent Art Trust fund Mel Chin Attachment- Mel Chin sculpture 30. 13-000808 Contract Amendment No. 1 for Water Conservation Outreach Corpus Christi Page 11 Printed on 9/6/2013 City Council Meeting Agenda'Final September 10.2018 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with d|o Three Dimensional Deve|opnnent, LLCof Corpus Christi, Texas inthe amount of$30.000.00, fora total restated fee not to exceed $78.500.00 for Water Conservation Outreach. Attachments: Agenda Memo-Water Conservation Outreach Project Budget-Water Conservation.pd Contract-Water Conservation Outreach Location Map-Water Conservation 31. 1%3-{X}0805 ConstruotionContnoot-forCorpusChristi |nternmtionm|Airport (CC|A) 17-35 Runway Navigational Aids Motion authorizing the City Manager, or designee, to execute a Construction Contract with Bay. Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CC|A) 17-35 Runway N/YvY\|Do (Navigational Aids) project in the amount of$857.863.80 for the Base Bid plus Additive 2. Attachments: 32' 13c0K00821' Approval of Change Order No. G 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. 6 to the Construction Contract with Bay. Ltd. of Corpus Christi, Texas in the amount of $641.521.50 fora total restated fee not to exceed $14.370.427.09. for the Corpus Christi International Airport (CC|A) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will bo taken and no public comment will bosolicited. R. ADJOURNMENT Corpus Christi Page 12 Printed on 91612013 City Council Meeting Agenda-Final September 10,2013 Corpus Christi Page 13 Printed on 9/6/2013 1201 Leopard Street Corpus Christi p Corpus Christi,TX 78401 6 c ` cctexas.com Meeting Minutes f City Council Tuesday,August 27,2013 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:30 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle The invocation was given by Mayor Pro Tern Mark Scott. C. Pledge of Allegiance to the Flag of the United States. The Pledge of Allegiance was given by Interim Assistant City Manager Mark Van Vleck. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. City Secretary Chapa confirmed that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney 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 August 27, 2013 as "Joel Garcia Day" Proclamation declaring September 7, 2013 as "Operation K.E.Y.S. - Keeping Every Youth in School Day" Swearing-in Ceremony of the Newly Appointed Board,Commission, and Committee Members Mayor Martinez presented the Proclamations,and held the swearing-in ceremony. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Corpus Christi Page 1 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 Mayor Martinez deviated from the agenda and referred to City Manager Comments. City Manager Ron Olson reported on the following issues: 1) Mock utility bills showing street maintenance fee estimated cost will be sent out in October or November 2013. The utility bills will provide information on appeals process in the new messaging section of the bills. 2)In January,when the fee goes into effect,the messaging section of the bill will be changed to show how much of the cost is attributable to unfunded mandates. 3)The portion of proposed project costs due to unfunded mandates will also be reflected in the Capital Improvement and Planning Budget.4) Executive staff and Fire/EMS staff have completed hurricane preparedness training,and now residents are encouraged to have a personal plan of action. Citizens can sign up for reverse alert system service on the City's website or at reversealert.org (Fire department webpage). 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. Mayor Martinez deviated from the agenda and called for public comment. Abel Alonzo spoke in support of Destination Bayfront proposition in November election.Johnny French asked the Council to consider holding Council meetings on Saturdays for public convenience. Mary Ann Kelley spoke against the involvement of the U.S. League of Women Voters in local politics. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. H. EXECUTIVE SESSION: (ITEM 2) 2. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City and with which the City is conducting economic development negotiations and Corpus Christi Page 2 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. This E-Session Item was withdrawn by staff. I. MINUTES: 3. Regular Council Meeting of August 20, 2013 Mayor Martinez referred to the minutes. Councilmember Garza made a motion to approve the minutes,seconded by Mr. Magill,and passed. J. BOARDS &COMMITTEE APPOINTMENTS: 4. Advisory Committee on Community Pride Mayor's Fitness Council North Padre Island Development Corporation Reinvestment Zone No. Two Mayor Martinez referred to the board and commission appointments. The following individuals were appointed/reappointed: Advisory Committee on Community Pride: Bob Copes,Jeff Craft, Christina Hernandez, and Stefany Schade(Reappointed); Bill Hoelscher and Iris Martinez (Appointed). Mayor's Fitness Council: Patricia Garcia(Appointed) North Padre Island Development Corporation: Mayor Nelda Martinez, Councilmembers Mark Scott, Priscilla Leal, Rudy Garza, Colleen McIntyre, Chad Magill and Lillian Riojas (Appointed) Reinvestment Zone No.Two Board: Mayor Nelda Martinez, Councilmembers Mark Scott, Priscilla Leal, Colleen McIntyre, Chad Magill, Lillian Riojas, David Loeb, Rudy Garza and Kelly Allen (Appointed). K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 -23) Approval of the Consent Agenda Mayor Martinez called for the consent agenda. Councilmembers had questions regarding Items 12 and 23. The consent agenda was approved by one vote as follows: 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 5. Supporting the candidacy of Mayor Nelda Martinez for President-elect of the Texas Municipal League for 2013 Corpus Christi Page 3 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 Resolution supporting the candidacy of Mayor Nelda Martinez for the position of President-Elect of the Texas Municipal League This Resolution was passed on the Consent Agenda. Enactment No: 029927 6. Interlocal Agreement-for breath alcohol testing program Resolution authorizing the City Manager or his designee to execute an interlocal agreement with San Patricio County in the amount of $11,000 for the services of a Technical Supervisor to operate the Police Department's breath alcohol testing program for the twelve month period of January 1, 2014 - December 31, 2014. This Resolution was passed on the Consent Agenda. Enactment No: 029928 7. Engineering Design Contract -for groundwater monitoring and related services at J.C. Elliott Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Kleinfelder Central, Inc. of Corpus Christi, Texas in the amount of $112,200, for JC Elliott Landfill FY 2013-2014 Groundwater Monitoring and Related Services. This Motion was passed on the Consent Agenda. Enactment No: M2013-129 8. Engineering Design Contract -for groundwater monitoring and related services at Cefe Valenzuela Landfill Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Kleinfelder Central, Inc. of Corpus Christi, Texas in the amount of $114,200, for Cefe Valenzuela Landfill FY 2013-2014 Groundwater Monitoring and Related Services. This Motion was passed on the Consent Agenda. Enactment No: M2013-130 9. Engineering Design amendment No. 1 for master channel 31 drainage channel excavation Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of$36,587.00, for a re-stated fee not to exceed $76,324.00 for Master Channel 31 Drainage Channel Excavation Corpus Christi Page 4 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 This Motion was passed on the Consent Agenda. Enactment No: M2013-131 10. Engineering Construction Contract for Citywide Street Striping and Pavement Markings Motion authorizing the City Manager, or designee, to execute a Construction Contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas for the City-wide Street Striping and Pavement Markings project in the amount of$129,770.00 for the Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2013-132 11. Professional Services Agreement to provide Oracle database administration services Motion authorizing the City Manager, or designee, to execute a one year contract with Falcron Solutions, Inc., of Houston, Texas and up to two one year extensions for an estimated expenditure of$120,000.00 annually. The cost will be paid in monthly payments of$10,000.00. The purpose is to provide Oracle database administration services for the current Oracle environment. This Motion was passed on the Consent Agenda. Enactment No: M2013-133 12. Agreement for Legal Services for water rights and general water law issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at an hourly rate of$175.00 per hour capped at $6,500 per month, plus expenses. Councilmembers asked about the expansion of the district boundary to include Port Aransas;and informing the public that the State owns the water rights. This Motion was passed on the Consent Agenda. Enactment No: M2013-134 13. Second Reading Ordinance -Amending the Unified Development Code to create new"RS-22" Single-Family 22 District(1st Reading 8120113) Ordinance amending the Unified Development Code to provide for a new"RS-22" Single-Family 22 District by revising table 1.11.2 - abbreviations, table 4.1.1 - zoning districts, table 4.3.2 - permitted uses (single-family districts), table 4.3.3 - residential development Corpus Christi Page 5 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 (single-family districts), subsections 5.6.4.A.2.a and 5.6.4.B.3.a - both entitled single-family, two-family, and townhouse residential use districts, and subsection 7.5.13 - signs allowed in the FR, RE, RS-15, RS-10, RS-6, RS-4.5, RS-TH, RS-TF, and RMH districts; and providing for severance, penalties, and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029929 14. Second Reading Ordinance -Appropriating funds for the Texas Automobile Theft Prevention Authority(ATPA) grant(1st Reading 8120113) Ordinance appropriating $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund, and appropriating $7,359 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029930 15. Second Reading Ordinance -Accepting and appropriating local grant for the purchase of two defibrillators (1st Reading 8120113) Ordinance authorizing the City Manager or designee to accept a grant from Christus Spohn Hospital Corpus Christi in the amount of $64,316.30 for the purchase of two Zoll X-series defibrillators and its accessories; and Appropriating the $64,316.30 in the Fire Grant Fund No. 1062. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029931 16. Second Reading Ordinance -Amending the Code of Ordinances regarding Food and Food Establishments (1st Reading 8120113) Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding Food and Food Establishments; providing for penalties, providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029932 17. Second Reading Ordinance -Amending the Reformation of the Cooperative Agreement to Operate a Public Health district to adopt a new pay plan (1st Reading 8120113) Corpus Christi Page 6 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 Ordinance to authorize the City Manager to execute amendment to the Reformation of the Cooperative Agreement to Operate a Public Health District to adopt new pay plan for the employee assigned to the Corpus Christi-Nueces County Health District. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029933 18. Second Reading Ordinance -Appropriating Program Income from Department of State Health Services (DSHS) (1st Reading 8120113) Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2013-2014 program income to fund laboratory and public health services for the period of September 1, 2013 through August 31, 2014. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029934 19. Second Reading Ordinance - Executing Contract and sub-contracts for FY14 Community Youth Development Program and appropriating funds (1st Reading 8120113) Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2013 through August 31, 2014 in the total amount of$386,769.67; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; and authorizing execution of subcontracts as follows: $53,337 to The Boys and Girls Club, $82,304 to Communities In Schools of the Coastal Bend and $108,000 to SERCO of Texas for subcontract period September 1, 2013 through August 31, 2014. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029935 20. Second Reading Ordinance -Authorizing the acceptance of donated items to settle overdue library fees (1st Reading 8120113) Ordinance authorizing the Corpus Christi Public Libraries to settle overdue fees with the acceptance of donated items to be provided to charitable groups for legitimate public purposes; and providing for an effective date This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029936 Corpus Christi Page 7 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 21. Second Reading Ordinance -To reimburse Marvin and Mary Kinnett for the wastewater lot/acreage fees paid in 2000. (1 st Reading 8/20/13) Ordinance appropriating $4,707.55 from the No. 4220 Wastewater Trunk System Trust Fund to refund Marvin Kinnett and Mary Kinnett the wastewater lot/acreage fees paid since wastewater services are not available nor will any be available within the next 5 years as related to Kinnett Addition, Block 1, Lots 1, 2 & 3. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029937 22. Second Reading Ordinance -To rename certain areas of the City as "SEA District" (1st Reading 8/20/13) Ordinance to rename certain areas in the City of Corpus Christi as the "SEA(Sports, Entertainment and Arts) District". This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029938 23. Second Reading Ordinance -Amending the Rules and Regulations of the Utility Business Office (1st Reading 8/20/13) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article II, regarding the rules and regulations of the Utilities Billing Office; providing for publication, providing for severance, and providing effective date. Councilmembers asked questions regarding the deletion of winter averaging from utility bills; and notifying customers in writing if they were overcharged. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029939 M. PUBLIC HEARINGS: (ITEMS 24 -27) 24. Public hearing regarding a "Substantial Amendment" to the FY2013 CAAP to amend the programs which include allocation changes. Public hearing to amend the 2013 Consolidated Annual Action Plan (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to increase the Community Development Block Grant Program by $265,242, increase the HOME Investment Partnerships Program by $6,880, and reduce the Emergency Solutions Grant Program by $62,189; and to authorize the City Manager or designee, following the conclusion of the comment period Corpus Christi Page 8 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 required by HUD, to amend the FY2013 CAAP by accepting the allocation changes and recommendations by staff; and to execute all necessary documents with HUD and the CAAP grantees. Mayor Martinez referred to Item 24. Director of Neighborhood Services Eddie Ortega stated that the purpose of the public hearing was to consider a amendment to the approved Consolidated Annual Action Plan (CAAP). He said the Community Development Block Grant(CDBG) received a 10.77%increase from prior proposed amount. The additional$265,242 in funds is being proposed for the following projects: La Retama Central Library Accessibility; Engineering Accessible Routes in CDBG residential areas Phase 3; Engineering Residential Traffic Management Program,and the Neighborhood Services Demolition Program. Councilmember Magill made a motion to open the public hearing,seconded by Councilmember McIntyre. Abel Alonzo spoke in support of staffs recommendations. Mary Ann Kelley asked if the public hearing could be held on Saturday so the public could attend. Councilmembers spoke regarding the following issues: number of demolition programs;foreclosure process. Councilmember Leal made a motion to close the public hearing,seconded by Mr. Magill, and passed. This Public Hearing was held 25. Second Public Hearing on Fiscal Year 2014 Ad Valorem Taxes Public Hearing on Fiscal Year 2014 Ad Valorem Taxes Mayor Martinez referred to Item 25. Director of Financial Services Constance Sanchez stated that this was the second public hearing regarding the proposed tax rate of$0.585264 per$100 valuation. Councilmember Scott made a motion to open the public hearing,seconded by Mr. Magill. There were no comments from the public or the Council. Councilmember Garza made a motion to close the public hearing,seconded by Mr. Magill. Mayor Martinez read the following statement: "During the September 10,2013 City Council meeting beginning at 11:30 a.m.at City Hall, the City Council will vote on the proposed tax rate." This Public Hearing was held 26. Public Hearing and First Reading Ordinance -Rezoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District, on properties located on Brezina Road between Weber and Bratton Roads. Case No. 0713-01 City of Corpus Christi: A rezoning from the "IL" Light Industrial District to the "IC Industrial Compatible District on property described as being a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, located along Brezina Road, approximately 1,400 feet south of Bratton Road. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "IC Industrial Compatible District. Ordinance Corpus Christi Page 9 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 Ordinance amending the Unified Development Code, upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, from the "IL" Light Industrial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 26. Bob Payne with the Planning Department stated that the purpose of the item was to rezone the subject properties to a zoning district that is compatible with Navy flight patterns and consistent with the City's Comprehensive Plan. He stated that the property owners to the left of the subject property were in support;the property owner,James Byrn,to the left of property was opposed. He owned more than 20%of the property in the subject area. Councilmember Garza made a motion to open the public hearing, seconded by Councilmember Loeb. Councilmembers asked if the Navy was in support of the recommended zoning change. There were no comments from the public. Councilmember Garza made a motion to close the public hearing, seconded by Mr. Magill. This Ordinance was heard on public hearing and passed on first reading with the following vote: 27. Public Hearing and First Reading Ordinance -Rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, on property located at 2317 Rodd Field Road. Case No. 0713-06 Bay Area Self Storage of Corpus Christi Manager, LLC: A rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan, on property described as being a 4.29-acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2, located along the west side of Rodd Field Road, approximately 135 feet north of Cano Lane. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code upon application by Bay Area Self Storage of Corpus Christi Manager, LLC, acting as agent on behalf of Bay Area Self Storage of Corpus Christi, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 4.29-acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2 from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Annika Gunning with Development Services stated that the purpose of the item was to rezone the property to reduce the side and rear yard setback requirements to allow construction of two additional commerical buildings to the mini-storage facility and bring the existing structures into conformity with the Unified Development Code. Councilmember Garza made a motion to open Corpus Christi Page 10 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 the public hearing,seconded by Mr. Magill. There were no comments from the public or the Council. Councilmember Magill made a motion to close the public hearing,seconded by Mr. Magill. This Ordinance was heard on public hearing and passed on first reading with the following vote: N. REGULAR AGENDA: (ITEMS 28 -31) 28. Appointing Financial Advisor for the Issuance of Utility System Revenue Bonds Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of City of Corpus Christi, Texas Utility System Revenue Bonds, in an aggregate principal amount not to exceed $106,000,000. Director of Financial Services Constance Sanchez stated that the purpose of Item 28 was to appoint a financial advisor for the FY 2014 Capital Improvement Plan Utility System Revenue Bond issuance. She said staff recommended M.E. Allison and Co. There were no comments from the public or the Council. The motion was passed with the following vote: Enactment No: M2013-135 29. Second Reading Ordinance -Authorizing the Issuance of Utility System Revenue Bonds(1st Reading 8/20/13) Ordinance authorizing the issuance of one or more series of City of Corpus Christi, Texas Utility System Revenue Bonds, in an aggregate principal amount not to exceed $106,000,000, pursuant to the delegation provisions set forth herein; making provisions for the payment and security thereof of a parity with certain currently outstanding Utility System revenue obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the forms, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of each series of bonds; including the approval and distribution of one or more Official Statements pertaining thereto; authorizing the execution of one or more paying agent/registrar agreements, and one or more purchase contracts; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; establishing the City's intention to reimburse itself from the proceeds of any such series of bonds for the prior lawful expenditure of funds to construct various City improvements; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of each series of bonds; and providing an effective date. Director of Financial Services Constance Sanchez stated that the purpose of the ordinance was to provide intent that the City planned on issuing up to $106,000,000 of Utility System Revenue Bonds to fund utility projects outlined in Year 1 of the FY 2014 CIP,exclusive of the Mary Rhodes Pipeline Phase 2 Corpus Christi Page 11 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 project. There were no comments from the public or the Council. This Ordinance was passed on second reading with the following vote: Enactment No: 029940 30. Second Reading Ordinance -Construction contract and materials testing agreement for Bayfront Development Plan, Phase 3 (BOND 2008) Shoreline Boulevard Realignment (1st Reading 8120113) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $156,637.50 in Gas Capital Improvement Program Reserves; transferring $218,862.20 from Wastewater CIP Project No. E12204 Unanticipated Wastewater Capital Requirements to the Bayfront Development Plan, Phase 3 Project; increasing expenditures in the amount of$156,637.50; authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,552,042.05, for the Bayfront Development Plan, Phase 3 Project for the total base bid; and authorizing the City Manager or designee to execute a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory, Inc. for$57,960.00. Director of Engineering Services Dan Biles stated that the purpose of Item 30 was to execute a construction contract for the Bayfront Development Plan, Phase 3-Shoreline Boulevard Realignment. He made a presentation with added graphics depicting the bicycle lanes, parking,and lane movements. He noted that the boulevard would be lined with 210 palm trees, and featured wide sidewalks to facilitate private development. Councilmembers spoke regarding the following issues: provide signage for bicyclists to guide them to safe bike lanes at juncture points;asked the Transportation Advisory Committee's Bicycle Subcommittee to review plan and recommend safe routes;sufficient parking in the plan;street design makes Shoreline easier to cross and encourages more traffic on Water Street; improving pedestrian access of Water Street to Shoreline;ADA accessibility and traffic signalization; maintenance of the palm trees; possibly adding mill and overlay on Water Street in Bond 2014; road realignment addresses safety concerns;creating a Q&A section on the City's website similar to Schiltterbahn;and addressing the outfalls on streets near Destination Bayfront area. Mayor Martinez asked for public comment. Bill Kopecky asked to delay the project until after the November 5 election on destination bayfront; in support of creating a crossover to Water Street. Johnny French spoke about including information on the number of parking spaces and whether they were free parking spaces, and location of bike lanes in the voters guide for November 5 election; parkside parking is dangerous for cyclists. Mary Ann Kelley asked if the City could show the presentation graphics on CCTV for more viewing. This Ordinance was passed on second reading with the following vote: Enactment No: 029941 31. Second Reading Ordinance - Amending lease agreement for use and management of Whataburger Field (1st Reading 7130113) Corpus Christi Page 12 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 Ordinance authorizing the City Manager, or designee, to execute the First Amended and Restated Lease Agreement ("Amended Lease") between the City of Corpus Christi ("City") and the Corpus Christi Baseball Club, LP ("Lessee") for operating Whataburger Field ("Baseball Stadium") as a professional baseball venue, in consideration of an additional fifteen (15) year term and Lessee's rental payments therefore. Assistant City Manager Wes Pierson stated that the purpose of Item 31 was to amend the stadium lease agreement between the City of Corpus Christi and the Corpus Christi Baseball Club(Hooks). He said approval of the agreement would ensure appropriate long-term maintenance and extend the Hooks lease for an additional 15 years beyond their initial lease term. Councilmembers asked questions regarding the following issues: authority for approving additional enhancements to the field; important of not deferring maintenance. There were no comments from the public.This Ordinance was passed on second reading with the following vote: Enactment No: 029942 O. FIRST READING ORDINANCES: (ITEM 32) 32. First Reading Ordinance -Amending City Code, revising the City's Water Resource Management Ordinance Ordinance amending City Code of Ordinances, Chapter 55, Article XI Water Resource Management, regarding water resource management including drought restrictions and surcharges, providing an effective date; and providing for penalties. Director of Water Gustavo Gonzalez stated that the purpose of Item 32 was to revise and/or edit the Water Resource Management ordinance for clarity and improvements. He said the changes were partly in response to customer issues and concerns. He said the proposed changes included allowing irrigation testing outside designated watering times; use of residential fountains;and fire hydrant usage in Stages 3 and 4. There was no public comment. Councilmembers asked questions regarding: clarifying whether section on page 12 applies to Stages 3,4,and 5;surcharges to customers who exceed allotment;and when Stage 3 and 4 are estimated to begin.This Ordinance was passed on first reading with the following vote: P. RECESS THE CITY COUNCIL MEETING Mayor Martinez recessed the Regular Council meeting to hold the Corpus Christi Community Improvement Corporation board meeting. Q. CORPORATION MEETING: (ITEM 33) 33. Board of Director's Meeting of the Corpus Christi Community Improvement Corporation Board of Director's Meeting of the Corpus Christi Community Corpus Christi Page 13 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 Improvement Corporation This Corporation Meeting was held. R. RECONVENE THE CITY COUNCIL MEETING Mayor Martinez reconvened the Council meeting. S. FUTURE AGENDA ITEMS: (ITEMS 34 -37) Mayor Martinez called for the Future Agenda. City Manager Olson stated that staff had presentations on Items 34,35,and 36. 34. Approval of Nueces River Authority's FY 13-14 work plan Motion to authorize the City Manager or designee to execute work plan and budget agreement with the Nueces River Authority to provide water planning, protection, development, and data management services to the City for FY 2013-2014. This Motion was recommended to regular agenda 35. Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS) Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $158,462. This Motion was recommended to regular agenda 36. Recommendation of"Red Route" as preferred alternative route for the replacement of the Harbor Bridge Resolution to recommend a preferred alternative route for the replacement of the Harbor Bridge. This Resolution was recommended to regular agenda 37. Amending the FY2013-14 Consolidated Annual Action Plan (CAAP) due to the final allocation of funds being received from the United States Department of Housing and Urban Development Motion to amend the 2013 Consolidated Annual Action Plan (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to increase the Community Development Block Grant Program by $265,242, increase the HOME Investment Partnerships Program Corpus Christi Page 14 Printed on 9/5/2013 City Council Meeting Minutes August 27, 2013 by $6,880, and reduce the Emergency Solutions Grant Program by $62,189; and to authorize the City Manager or designee, following the conclusion of the comment period required by HUD, to amend the FY2013 CAAP by accepting the allocation changes and recommendations by staff; and to execute all necessary documents with HUD and the CAAP grantees. This Motion was recommended to consent agenda T. BRIEFINGS TO CITY COUNCIL: (NONE) U. ADJOURNMENT Mayor Martinez adjourned the meeting at 2:39 p.m. Corpus Christi Page 15 Printed on 9/5/2013 a. AIRPORT BOARD —One (1)vacancy with term to 4-04-16. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE George B. Richard 04-04-14 05-20-08 Adam Nuse 04-04-14 04-13-10 ***Jeffrey Kane 04-04-16 04-13-10 William McCord 04-04-14 04-13-10 Donald M. Feferman, Chair 04-04-14 04-12-11 Wayne M. Squires 04-04-15 02-28-12 Dana Gunter 04-04-15 05-08-12 Kelly Harlan 04-04-15 05-08-12 Alex Garcia, Jr. 04-04-16 05-14-13 Shawn Morgan 04-04-16 05-14-13 Jay Wise, Advisory, non-voting 04-04-14 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Joseph M. Dudek 13617 Moro Ln, 78418 Assistant Professor of Airframe Applied Technology, Del Mar College. Received Bachelor and Master of Science from Texas A&M University-Corpus Christi, FAA Certification from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club, Aviation Technician Education Council, and Northrop Rice Foundation. Recipient of Del Mar College Program of Excellence 2007. (2/27/13) Mary Helen Dunnam 200 Chenoweth Dr, 78404 Retired. Received a BA and an MS in Psychology, San Jose State University, San Jose, CA. Attended University of Texas at Austin, Del Mar College, and Foothill College, Los Altos Hills, CA. Licensed pilot(private, single engine, instrument-rated) with over 1800 hours. Member of the 99s: Tip of Texas Chapter, and member of Aircraft Owners and Pilots Assn. Former board member and treasurer of Air Race Classic. Other activities include: Del Mar College Board of Regents (88-99), American Assn of University Women, Friends of Corpus Christi Public Libraries, CC Arts Council, CC Symphony Guild, League of Women Voters, TX State Division of the AAUW, and Westside Business Assn. (913113) Glenna S. Elliff 14310 Fairway Dr, 78410 Retired. Formerly employed with Alief ISD (Houston). Former General Manager/Owner of Jennings Chevrolet Co. in Robstown. Attended Robstown High School and Texas A&I University, Kingsville, Texas. Activities include: Board member of Nueces County Water Board #3. (7/23/13) Margareta Fratila 3606 Tripoli, 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 Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from Landmark Commission) (7118113) Marc A. Gonzalez 7322 Taldora, 78414 Director of Infrastructure Operations, Dept. of the Army at Corpus Christi Army Depot. Received a BA from Univ. of Texas at San Antonio, Master of Aeronautical Science from Embry-Riddle Aeronautical University, and currently working on MBA at Texas A&M University-Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 3 9. (4123113) Antonio Illas 1701 Ennis Joslin Rd, 78412 Special Agent. U.S. Dept. of Homeland Security. Received B.A. in History, Central Connecticut State Univ., and MDiv, Seminario Evangelico de Puerto Rico, San Juan, Puerto Rico, current PhD Student in History, Centro de Estudios Avanzados de Puerto Rico y el Caribe, San Juan, Puerto Rico. Activities include: Texas Army National Guard, Chaplain, and Christian Reformed Church in North America, ministry associate. Veteran of Operation Enduring Freedom. (2127113) Glenn R. Jones 7530 Beau Terre, 78414 Community Plans and Liaison Officer, Naval Air Station Kingsville. Received a BS in Business Economics from State University of New York. Retired Sr. Chief Navy Air Traffic Controller (23 yrs). Also is a Realtor with Coldwell Banker Pacesetter Steel (3 yrs). Activities include: City of Kingsville Development Review Board, City of Kingsville Chamber of Commerce, Kingsville Noon Rotary Club, Kingsville Navy League, L. E. Ramey Golf Course Advisory Committee. (7122113) Gordon W. Lester 7010 Chiswick Dr, 78413 Chief Pilot, Sikorsky Aircraft Corporation. Received a BA in Airport Management from Troy University and MBA from Webster University. Holds FAA Commercial Certificate in Airplanes (SE & ME), Helicopters and Gliders. Certified Flight Instructor. Former Sikorsky Program Manager for Partnership with CCAD (`04-'09). (7/22/13) Burris W. McRee 5717 Oso Parkway, 78414 Real Estate Broker/Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners associations and Co-Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (7125113) Guy Nickleson 7949 Grizzley, 78411 CEO/Founder, LEAD First Foundation. Received a BA in Marketing from Texas A&M-Corpus Christi. Former Director of the YMCA of the Coastal Bend for 16 years. Also, former Educator with CCISD for 9 years. Activities include: founder YMCA's Youth and Government program, received the "Living the Dream" award by K111- TV, also awarded The Tom Joiner Show Award for outstanding youth role model, former member City's Commission on Children and Youth, training board for new Police Officers, Mentors Network. Also received awards from HI-ALCO Neighborhood Council and Community Action Agency for work with youth and families. (7/23/13) Timothy M. O'Brien 15234 Main Royal Dr, 78418 Pilot, Coastal Drilling Company. Received an Associates of Applied Science (AAS) in Flight Technology from Alabama Aviation College in Ozark and a BS in Economics with Math emphasis from the University of Wisconsin at Madison. Commissioned Notary Public, State of Texas. (2126113) 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, Momentum 20/20 Sustainability Committee at TAMUCC, and Church of the Good Shepherd. (8105113) Leo Rios 421 Sharon, 78412 Realtor, Remax Associates. Activities include: Leadership Corpus Christi Class 40, Texas Realtors Political Action Committee, Buccarader, and Knights of Columbus. (Willing to resign from the Landmark Commission) (07/31/13) 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) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services and Support Logistics Lead, The Boeing Company. Received a Masters degree in Organizational Dynamics from the University of Pennsylvania and a BA in Management/Marketing from Kutztown University. Very willing and interested to serve on a City Board. (07122113) William D. Strawn 5014 Cape Romain, 78412 Retired. Former TxDOT Grant Manager/State Planner. Received BBA in Transportation Management from University of Texas at Austin, an MA in Management from University of Nebraska. Retired USAF Officer. Pilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church and Finance Committee, Vice- Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (Willing to resign from the Ethics Commission if appointed to this board.) (7/25/13) Robert A. Williams 7606 Lake Bolsena Dr, 78413 Adjunct Associate Professor, Embry-Riddle Aeronautical University. Teaches Graduate Airport Operations, Safety and Management, and Air Transportation Systems. Received BS in Aircraft Maintenance Engineering; Parks College of St. Louis University, St. Louis, MO., MA in Management; Webster University, St. Louis, MO, Master of Aeronautical Science — Space and Safety; Embry-Riddle Aeronautical University. Attended USAF Airspace School; Keesler AFB, Mississippi. (7124113) b. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE — Thirteen (13) primary members and thirteen (13) alternates with terms to 9-29-15. (Coles High School did not submit recommendations and Incarnate Word Academy only submitted a name for a primary member.) DUTIES: To assist and advise the City Council on city youth issues; conduct surveys and determine the concerns and interest of the youth of Corpus Christi; encourage youth leadership and responsibility through volunteerism and community involvement; create opportunities for public discussion of youth issues through meetings, workshops and conferences; look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds and assist in planning, recommending and implementing youth activities. COMPOSITION: Thirteen (13) primary members and thirteen (13) alternates selected by the principal or the principal's designee of their respective campuses and ratified by the City Council. The members shall be composed of students in grades 11 or 12 that are City residents. Each member's term automatically expires three (3) months after high school graduation. The campuses represented are: Calallen High School, Mary Carroll High School, Solomon Coles High School, Collegiate High School, Flour Bluff High School, Incarnate Word Academy, John Paul 11 High School, Richard King High School, Roy Miller High School, Foy H. Moody High School, W. B. Ray High School, Tuloso-Midway High School, and West Oso High School. THE PRINCIPALS FROM THE RESPECTIVE HIGH SCHOOLS HAVE MADE THE FOLLOWING RECOMMENDATIONS FOR RATIFICATION BY THE CITY COUNCIL. Justine Borchard Junior. Activities include: Grace United Methodist Youth Leadership Team, Sea City Work Camp Board, 30-Hour famine(s) / Mission 911 — Grace United. (Calallen High School, Primary) (8129113) Kyle Hill Junior. Activities include: plays Varsity Baseball, National Honor Society member, FFA, and FCA. (Calallen High School,Alternate) (8129113) Leslie Rae Salomon Junior. Activities include: Youth Advisory Council, Carroll Medical Society, Career of the Future, and Tiger Talk. (Carroll High School, Primary) (8129113) Ernest E. Buitron, II Junior. Activities include: Community Youth Development, Youth Advisory Council, Career of the Future, and Tiger Talk. (Carroll High School, Alternate) (8/29/13) Andrea Hernandez Junior. Activities include: volunteers with Adopt-A- Beach, March of Dimes, and All Star Academy (daycare). (Collegiate High School, Primary) (8129113) Benjamin Godinez Junior. Activities include: National Junior Honor Society member, Del Mar Children's Chorus, Break the Norm group, volunteers/attends St. Thomas Moore Catholic Church. (Collegiate High School,Alternate) (8129113) Caroline Ellis Junior. Activities include: St. Philip the Apostle Catholic Church Choir member, Class Officer — Secretary 2012- 2013, equestrian activities and competitions since 2004, Spanish Honor Society member. (Flour Bluff High School, Primary) (8129113) Carl Jacob Hartwick Junior. Activities include: Academic U11L, Basketball, Youth Choir, Vacation Bible School Assistant. (Flour Bluff High School,Alternate) (8129113) Mary Hubert Junior. Activities include: Tennis team, Science Club, Student Council, and National Honor Society member. (Incarnate Word Academy, Primary) (8129113) Nicholas E. Garza Junior. Activities include: volunteering at the Ark, helping with Church activities, volunteering at the Homeless shelter, play in school Band. (John Paul H High School, Primary) (8129113) Olivia Hinoj osa Junior. Activities include: Altar server at St. John the Baptist Catholic Church, Girl Scouts Troop # 9644, Competitive Gymnastics team, JPII Centurion Band member. (John Paul II High School,Alternate) (8129113) Olivia Rose Noble Junior. Activities include: Academic Decathlon, King Challenge Team, Congregation Beth Israel Food Fest volunteer, Jon D. Williams Cotillions assistant instructor. (King High School, Primary) (8129113) Keith Roperes Junior. Activities include: King Tennis Team, French Club, and volunteers with St. Phillips Church. (King High School,Alternate) (8129113) Kaitilyn Hamling Junior. Activities include: Miller Soccer, Softball, Volleyball and Art Club. (Miller High School, Primary) (8/29/13) Krishna Patel Junior. Activities include: Math Club, and National Honor Society. (Miller High School,Alternate) (8129113) Kyla Vina Junior. Activities include: volunteers with Community Youth Development (78415) Program Committee, Moody Tennis Team, National Ocean Science Bowl Challenge, FIRST Robotics Club. (Moody High School, Primary) (8/29/13) Carlos Olvera Junior. Activities include: volunteers with Community Youth Development (78415) Program Committee, St. Cyril Methodius — Life Teen and Feed the Homeless, Health Occupation Students of America (HOSA), Boy Scouts since 2002, working toward Eagle Scout. (Moody High School,Alternate) (8129113) Joshua Ferrell Junior. Activities include: National Hispanic Institute, Ray HS Marching Band, Congregation Beth Israel Food Fest, UIL Competition: Computer Science Team, Mock Trial Team and Mu Alpha Theta. (Ray High School, Primary) (8/29/13) Alisha Beirne Junior. Activities include: Ray HS Choir, French Honor Society, Travis Baptist Youth Group, and volunteers with house painting. (Ray High School,Alternate) (8129113) Juan Gilberto Fuentes Junior. Activities include: Business Professionals of America, T-M Jazz Band, Football, Most Precious Blood Youth Group. (Tuloso-Midway High School, Primary) (8/29/13) Victoria Thomas Junior. Activities include: Academic Decathlon, founding member of TMHS Writer's Guild, National Hispanic Institute's Celebracion silver medalist (team), People to People Student Ambassador (China). (Tuloso-Midway High School,Alternate) (8129113) Eric F. Silguero Junior. Activities include: Optimist Club (LTL), UIL Competition: Social Studies, Math. UIL Peforming Arts: Band, Choir, Theatre. West Oso Challenge Team. (West Oso High School, Primary) (8129113) Francisca Ricardo Junior. Activities include: Family, Career and Community Leaders of America (FCCLA), Optimist Club, West Oso HS Color Guard (Flag Corps), and altar server at Our Lady of Pilar Catholic Church. (West Oso High School, Alternate) (8129113) C. COMMISSION ON CHILDREN AND YOUTH — Two (2) vacancies with terms to 5-01-14 representing the following categories: 1 —Law Enforcement, and 1 —At Large. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthen communications and encourage partnerships between public and private entities working with children and youth, and serve as an advocate of local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. COMPOSITION: The commission shall consist of nine (9) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. Members shall be representative of each of the following fields: 1 - Health and Human Services, 1 - Law Enforcement, 1 - Education, 1 - Youth and Family Services, 1 - Nueces County District Attorney's Office, and 3 — At Large members. One (1) member shall be a youth representative from 16 to 21 years of age at time of appointment. Any member who ceases substantial activity in the field or office represented automatically resigns from the commission. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL MEMBERS TERMS APPTD. DATES Fran Willms (At Large) 5-01-15 9-25-07 ****Isaac Valencia(Law Enforcement) 5-01-14 5-13-08 Dr. Ridge Hammons (Education), Chair 5-01-16 5-11-10 ****Delia Oliveira (At Large) 5-01-14 5-11-10 Danny Kollaja (At Large) 5-01-14 3-29-11 Clarissa Silva(D.A.'s Office) 5-01-15 7-26-11 Denise Etheridge (Youth Rep.) 5-01-16 1-24-12 Linda Hodge-Gambrill(Youth&Family Svcs.) 5-01-15 5-08-12 Heather Butscher(Health&Human Svcs.) 5-01-16 8-14-12 Capt. Tim Wilson (Police Off.) Advisory 12-06-95 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Richard Burnett 4421 Gaines St., 78412 Assistant Director of Strength and Conditioning, Texas A&M University-Corpus Christi. Received a BS in Kinesiology —Exercise Science and an MS in Kinesiology. Certifications include: National Strength and Conditioning Assn., and Collegiate Strength and Conditioning Coaches Assn. Activities include: American Heart Association's Heart Walk at Whataburger Field, volunteered with Mayor's Fitness Council working with Pinnacle Performance and Fitness. (At Large) (7116113) David Dow 1310 Limestone Dr, 78412 Juvenile Correctional Officer IV, Community Relations, for State of Texas — Texas Juvenile Justice Department. Has also been a Treatment Assistant at the Substance Abuse Treatment Facility for Nueces County McKenzie Unit. Activities include: Advocate for Texas Rehab Action Network, has been an Election Judge/Clerk, former New Hampshire Senate Sgt-at-Arms, formerly elected New Hampshire House of Representatives, Justice of the Peace, and Overseer of Public Welfare — Plymouth, New Hampshire. (Law Enforcement) (8114113) Rose Mary Knippa 422 Longview East, 78408 Self-Employed/Owner. Valdez Fleet Sales, Wholesale Vehicles. Attended Del Mar College, Business College. Retired from telephone company as manager of sales, training, safety, office set-up. Activities include: served on ARB for six years. (At Large) (8121113) Brent Norman 5701 Saratoga Blvd, 78414 Certified Strongfirst kettlebell instructor, The Hardstyle Kettlebell Club (Owner). Co-founder of One Fit Culture. National Academy of Sports Medicine background. Health and Fitness writer for Nside Magazine. Activities include: Corpus Christi Power Team, Young Business Professionals, Dreamboard event coordinator, Fitness in the Park. Currently working on Kids to the Farmer's Market. (At Large) (7129113) Brian Solarek 14018 Hawsknest Bay Dr, 78418 Global Services & Support Logistics Leader, the Boeing Co. Received a Masters degree in Organizational Dynamics from the University of Pennsylvania, and a Bachelors in Marketing/Management from Kutztown University. Very willing and interested to serve on a City Board. (At Large) (09/25/12) d. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE —Four (4) vacancies with terms to 6-16-15 representing the category of At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ("SCP") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi-annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one- year/serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. All terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE Shirley Tipton (SCP Volunteer) 6-16-14 6-16-09 Maria (Isabel) Odeh(SCP Vol. Station) 6-16-14 6-16-09 *Martha Wild (At Large) 6-16-13 8-23-11 Monica Rodriguez (At Large), Chair 6-16-14 2-09-10 **Apolonia P. Cantu (At Large) 6-16-13 6-16-09 **Marie Partington (At Large) 6-16-13 6-16-09 *Shirley A. Selz (At Large) 6-16-13 11-9-10 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Senior Companion Program Advisory Committee recommends the reappointments of Shirley Selz (At Large) and Martha Wild (At Large), and the new appointments of Tami Longino (At Large) and Brian Rosas (At Large)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Shirley Selz (At Large) 5 5 100% Martha Wild (At Large) 5 2(2-exc.) 40% OTHER INDIVIDUALS EXPRESSING INTEREST: Araceli V. Cabral 4337 Wordsworth Creek, 78410 Executive Director, Alameda Oaks Nursing Center. Received a Bachelor of Arts from Texas A&M University in College Station, Texas. Holds license for Nursing Facility Administrator in the State of Texas. Activities include: Texas Healthcare Assn, American College of Health Care Administrators, CC Chamber of Commerce, CC Hispanic Chamber of Commerce, LULAC, Pioneer Network. Current projects include: Adopt-A-Park and Meals on Wheels. (At Large) (7/17113) 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 Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from Landmark Commission) (At Large) (7118113) Tami Longino 425 Haroldson, 78412 Retired. Activities include: volunteers with Girl Scouts of Nueces County in Product Sales. (At Large) (3114113) Brian A. Rosas 1033 Sorrell St., 78404 Production Supervisor, L3 Communications. Activities include: Westside umpire, Pony Baseball. (At Large) (4/08/13) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services and Support Logistics Lead, The Boeing Company. Received a Masters degree in Organizational Dynamics from the University of Pennsylvania and a BA in Management/Marketing from Kutztown University. Very willing and interested to serve on a City Board. (At Large) (07/22/13) 0 - AGENDA MEMORANDUM k6RY Future Item for the City Council Meeting of August 27, 2013 ss Action Item for the City Council Meeting of September 10, 2013 DATE: 8/8/2013 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim Assistant City Manager FROM: Gustavo Gonzalez, P.E., Director of Water Operations Gustavogo@cctexas.com 826-1874 Approval of Nueces River Authority's FY 13-14 work plan CAPTION: Motion to authorize the City Manager or designee to execute work plan and budget agreement with the Nueces River Authority to provide water planning, protection, development, and data management services to the City for FY 2013-2014. PURPOSE: The purpose of the services outlined in the Nueces River Authority (NRA) work plan is to provide the City Water Department with assistance in several aspects related to surface water and data management in the Nueces River Basin. BACKGROUND AND FINDINGS: In 2005, City Council approved Resolution 026340, an interlocal cooperation agreement between the City and the NRA. In this agreement, Section 9 states that the agreement automatically renews annually and that the annual work plan and budget, as approved by City Council during the budget process, shall establish payments to NRA for that year. It also states in part in Section 4 that the City Manager is authorized and directed to take all steps necessary or convenient to implement the annual workplan and budget. The services provided by the NRA in the current workplan include the key areas: • Regional and inter-regional coordination and resource development • Monitor, investigate and coordinate water rights, water quality and environmental issues • Regional water management—this includes maintenance of the database tracking daily lake levels and pass-through's • Outreach ALTERNATIVES: None OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Not applicable EMERGENCY/ NON-EMERGENCY: Non-emergency, two readings. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: The cost of this cooperative work to the City is $8,333 per month or$100,000 for the year. X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures FY: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $193,000 $193,000 Encumbered / Expended Amount This item 1 $100,0001 1 $100,000 BALANCE 1 $ 93,0001 1 $ 93,000 Fund(s): Water Comments: RECOMMENDATION: The Staff recommends approval of Nueces River Authority's FY 13-14 work plan. LIST OF SUPPORTING DOCUMENTS: FY 2014 Work Plan FY 2014 Work Plan and Budget Water Planning, Protection, Development, and Data Management Servicei Provided by Nueces River Authority to City of Corpus Christi During the Period of August 1, 2013 through July 31, 2014 FY 2014 Work Plan BASIC SERVICES All NRA services will be provided on a best effort basis within the scope of work and budget provided, herein. Regional and Inter-regional Coordination and Resource Development and Protection • NRA staff will monitor regional and inter-regional water resource issues and keep the City informed on matters that may affect the City's water supplies or conveyance facilities. • NRA will with prior approval from the City and before discussion with other agencies, attend meetings as appropriate with other water providers and users throughout the South Texas area to assess and promote opportunities to enhance the City's water supplies and derive economic benefits from its investments in water purchases,water rights and water conveyance facilities within guidelines and direction established by City staff. Such services will include actively developing ideas for consideration by City staff to enhance these water supplies and economic benefits. • NRA will assist City staff in establishing a long-term plan to provide a dependable, affordable water supply for the City's service area. Activities will include, with City staff concurrence and direction, interacting with state and federal agencies, elected officials, and environmental interests. • NRA will monitor legislative changes and administrative rulemakings that could affect the City's water resources, provide timely advice to the City concerning same, and assist in providing information on these issues to legislators and other key officials. These services will be provided in close consultation with the City's staff and outside legal counsel. • NRA will monitor and support the City in evaluating and responding to existing and proposed Edwards Aquifer recharge structures. • NRA will monitor water marketing proposals in the region. • NRA will monitor groundwater district planning as it may impact on the City's and NRA's surface water rights in the Nueces Basin. • Selection and use of consultants will be coordinated with and agreed upon by the City and NRA. Monitor, Investi N gate and Coordinate Water RiMlits, Water Quality and Environmental Issues � NRA will assist the C' in investigating uu��uurJ� ' ocbvh� environmental /�y ounmuvoq� m�azo�� muro�� �� ou issues related<n watershed protection such as drinking water source protection, freshwater boDon/s for bays and estuaries, and opportunities for beneficial re-use of wastewater effluents. G NIl/\staff will assist the City in protecting City and IVllAp/utcr righty by forwarding to the City any public notices it receives regarding applications for new or amended water rights permits. Regional Water Management NRAv/iU continue to: m Maintain uwcbsiteand provide Support for: � Choke CanyonJLake Corpus Christi Reservoir System Daily Pass-ThrLI Status Report = Choke[auyou/[mkc Corpus Christi Reservoir System Daily and Monthly Statistics database and Wobyuuem = Choke Canyon/Lake Corpus Christi Reservoir System, Mary Rhodes Memorial Pipeline, water usages suzuuuuoco • Water Quality a1 O. N. Stevens wmtcrTrcubocnt Plant • I(iucou Pump Kcal-Tinic Data ht1p://vv`vw.uuuzcs-ra.or(,/CP/C1'[y/s\cruoo/riocmu 0 Create the Effluent Monitoring Report in /\o"us| for the previous calendar year. w Create the Summary Reports for Reservoir Statistics, pusxTbru Statistics, and Water Use. * &1aiu1uio <hcVnierm Discharge Database and provide reports. w Provide technical assistance with r/ch applications to provide iu6/cmut[mo on the City's water system to the City's customers and the public. m Provide technical assistance with n/cbmitedcoigu, noodificmtimu, and buplcnzcutodoo o[repm1(e) for internal use by the City Water Department Nn\c All web-based work will be coordinated vvd|i the City's Water and E'(fovernmocoL Departments, to ensure content or links are appropriate and comply with city policies. 3 Outreach • Give presentations on water issues relevant to the Nueces and adjoining coastal basins. • Attend Water Advisory Committee meetings and assist with implementation of ideas as requested. • Provide briefings, as requested, to the City Manager, the City Council, Port Industries, and other boards on water quality and water supply issues of the area, including the Lower Nueces River Watershed Protection Plan and regional water planning. Other Services In addition to the basic services described above,NRA will provide additional services if requested by the City. Projects will be designed using City specifications. Separate scopes of work and budgets will be developed in consultation with the City. All work will stop, and be deemed completed, if the finally approved budget is reached unless the City chooses to amend the budget and extend the work. Reporting • NRA will provide a summary of all work performed with each invoice. • NRA will provide a yearly summary of all work performed during the fiscal year. Basic Services Billing NRA will invoice the City for its"Basic Services"on a quarterly basis, at the fixed rate of$8,333 per month for salaries, fringe benefits, overhead, equipment, supplies and computer use, and travel. NRA's expenses related to"Other Services", except for subcontractor fees, will be added to each quarterly invoice. Subcontractor fees, if any, will be billed monthly. Payment Payment is due upon receipt of an invoice. Payments should be made to: Nueces River Authority P.O. Box 349 Uvalde,Texas 78802-0349 Effective Date: This Work Plan and Budget is effective August 1, 2013. 4 Approvals Approval by NRA: This FY 2014 work plan and budget is acceptable to NRA and is hereby approved under terms of the Interlocal Agreement between the City and the NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). ria j�'. 74-� a 9 6 Rocky Freunq Date Deputy Executive Director Approval by the City: This FY 2014 work plan and budget is acceptable to the City and is hereby approved under terms of the Interlocal Agreement between the City and NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). Ronald L. Olson Date City Manager Oscar Martinez Date Assistant City Manager for Public Works and Utilities Gustavo Gonzalez, P.E. Date Director of Water Operations Carlos Valdez Date City Attorney L O 3: I M LL O s LU LM Q O L two 00 0 Los LM V m no= ca m LM 0 E (1) 0 0 U N a--+ O CL 0 N Ln ® }' ca LM ® L) LM 0 r. i 3: O c/1 41 N a-J LM LM LM`- O O U 71 la N U I a m LM a 0 3: c 41* •o LL CL o � N � ca U OO cn i O Q O W o N > i iC Cf C: 4-4 MEMO= _ N cn •— +-+ +-+ +-+ 'gip - Q) w oc 0 0 d P m w' s' E E IE' o x � ` a Ey � m ^c w � T All EE E E V v ri, m c N k§ � la c i I, vE �m E ca N r `vYm c �v N 5 m 3 F T - Z u N � W T y i 6 I �� d V � v d y C > 4 u W u � � O O �k. rt. (%a a O cr f . 4 r se cc AGENDA MEMORANDUM ¢k6RY Future Item for the City Council Meeting of August 27, 2013 Action Item for the City Council Meeting of September 10, 2013 DATE: August 13, 2013 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck., P.E., Interim Assistant City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operations Gustavogo@cctexas.com 361-826-1874 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS). CAPTION: Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $158,462. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir system. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. The contract period is October 1, 2013 through September 30, 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $177,000 Encumbered / Expended Amount This item 1 $158,4621 1 BALANCE $18,5381 1 Fund(s): Water Comments: Total cost will be split between Wesley Seale Dam and Choke Canyon organizations. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint-funding agreement Certification of Fund United t of the Interior U.S.GEOLOGICAL SURVEY Texas Water Science Center 1505 Ferguson Lane °0 " Austin,TX 75754 Ronald Olson August 6,2013 City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Dear Mr.Olsona Enclosed are two signed originals of our standard joint-funding agreement for the project(s)Texas Data Collection Program,during the period October 1,2013 through September 30,2014 in the amount of $158,462.00 cash from your agency.U.S.Geological Survey contributions for this agreement are$27,548.00 for a combined total of $186,010.00.Please sign and return one fully-executed original to Karen Beers at the address above. Federal lave requires that we have a signed agreement before we start or continue work.Please return the signed agreement by October 1,2013 If,for any reason,the agreement cannot be signed and returned by the date shoran_ above,please contact James Null by phone number(210)691-9262 or email jmnull@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed annually via Down Payment Request(automated Form DI-1040).Please allow 30-days from the end of the billing period for issuance of the bill.If you experience any problems with your invoice(s),please contact Kandis Becher at phone number(817)263-9545 Ext 225 or email at kkbecher @usgs.gov The results of all work performed under this agreement will be available for publication by the U.S.Geological Survey.We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. S° erely, Robert L.Joseph Director Enc.: 14CMTX029000000(2) Form 9-1366 U.S. Department mf the Interior Agreement#: 14CMTX029QQoO0O (Oct.2005) U.S.Geological Survey Customer#:TX029 Joint Funding Agreement Project SJQ09ME FOR TIN 74'6000574 Water Resources Investigations 0SGS DUNS MY28821266 Fixed Cost Agreement YesFL�-� ]� NoF—L—1 � THIS AGREEMENT is entered into oenf the 1n1 day nf October, 2D13. by the U.8. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT QF THE INTERIOR, party of the first pa¢ and the City of Corpus Christi party of the second part. 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation with the Texas Water Science Center, herein called the program.The USGS legal authority is 43 USC36C;43U8C5O. and 43USC5Ob. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program.2(b)include|n-Kind-Servioemin the amount of$ODO (a) $27.548 by the party of the first part during the period October 1. 2D13im September 3O. 2D14 (b) $158.462 by the party of the second part during the period October 1.2O13to September 3U.2O14 (c)Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth inen exchange of letters between the parties. (d)The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review byanauthorized representative nf the party nf the first part. 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the requ|red standards of accuracy subject to modification by mutual agreement 6. During the course of this program,all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon RO days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided tm the office of the other party. 8.The maps, records mrreports resulting from this program shall be made available tothe public as promptly as possible.The maps, records or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1 040). Billing documents are to be rendered Quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC3717; Comptroller General File B-212222,August 23, 1983.). Form 9-1366 U.S. Department of the Interior Agreement#: 14CMTX029000000 (Oct.2005) U.S.Geological Survey Customer#:TX029 Joint Funding Agreement Project#: SJ009ME FOR TIN#: 74-6000574 Water Resources Investigations USGS DUNS#: 128821266 USGS Technical Point of Contact Customer Technical Point of Contact Name: James Null Name: Ronald Olson Supv. Physical Scientist City Manager Address: 5563 DeZavala Road, Suite 290 Address: 1201 Leopard Street San Antonio,TX 78249 Corpus Christi,TX 78401 Telephone: (210)691-9262 Telephone: (361)826-3220 Fax: (210)691-9270 Fax: Email: jmnull@usgs.gov Email: RonO@cctexas.com USGS Billing Point of Contact Customer Billing Point of Contact Name: Kandis Becher Name: M. P. Sudhakaran Budget Analyst Water Resources Mgmt Advisor Address: 2775 Altamesa Blvd. Address: 2726 Holly Road Fort Worth,TX 76133 Corpus Christi,TX 78415 Telephone: (817)263-9545 Ext 225 Telephone: (361)826-3667 Fax: (817)361-0459 Fax: (361)826-4420 Email: kkbecher@usgs.gov Email: mp@cctexas.com U.S. Geological Survey United States Department of the Interior City of Corpus Christi Signature Signatures By Date: 8/6/2013 By Date: Name: Robert L. Joseph Name: Title: Director Title: By Date:—-----—--------- Name: Title: By Date: Name: Title: City of Corpus Christi Attachment for 14CMTX029000000 STATION osSoR{PT/om uSaS uOop TOTAL mUmmem pumoS rumoS FUNDS 001:SURFACE WATER 081e4000 muem,s River etCmm||o.Tx Full Range otmmmnmmStation $4.361 $11.090 $1e.450 08194500 mu^meu River near Tilden,Tx Full Range BueemUowStation $4.361 $11.090 $15.450 08205500 Frio River near Derby,Tx Full Range mtreamommStation $4.361 $11.090 $15.450 oououeoo Frio River ut Tilden,Tx Full Range cureamnowStation $4.361 S11.090 $15.450 08208900 Choke Canyon Reservoir nr Three Ri,eo.Tx Reservoir Contents $2.3*3 $5.337 S7.680 08206910 Choke Canyon Res.outflow nr Three R/vers.Tx D below Base and onnnnnunStages $2.710 $7.490 $10.200 ou00000 Nueues River near Three Rivers,TX Fun Range ooaomnmmStation Bo $o $o Funded by the National Smremm'rmwmforma/mmProgram(NSIP) 08210500 Lake Corpus Christi near Mathis,Tx Reservoir Contents $2.3*3 $5.337 $7.680 08211000 mueues River near Mathis,Tx Full Range otrnamnuwStation $o $o $o Funded uy the National Stream Flow Information Program(vSIP) 08211200 wueceo River above B|untzer.Tx Q below Base and uonunnuoStages $2.710 $7.490 $10200 08211500 wuonns River otua|oUun.Tx Full Range ot,eamnowStation $o $o $o Funded by the National Stream Flow Information Program(NSIP) 08211503 Rinoon Bayou Channel near ua|a||en.Tx 0 below Base with AVM and Continuous Stage $o $13050 $13050 SURFACE WATER TOTAL: $27548 $83062 $110610 � Attachment for 14CMTXO29800000 STATION DESCRIPTION uSGS COOP TOTAL muMBem ruwoS FUNDS Fumoo uoz:WATEgQVAL|TY 08211200 wuexeaRvmt Bm^tzor.Tx Tomp,00nu, pH, oion.ox `Turbidity Monitor(a-pann) $o $*000n $^0000 $u $43.000 $43.000 08211503 Rmuon Bayou Channel near Ca|o||e^.T% Temp.and Cond.Monitor(2-pa,m) $ $16,200 $16,200 $o $16.200 $1e.200 08211505 Rmoon Bayou Channel ounantowueces Bay nrCu|eUen.Tx Temp.and Cond.wonunr(2-parm) $ $16,200 $16,200 $o *16.200 $16.200 WATER-QUALITY TOTAL: $o $75400 $rn*ou PROJECT USGS COOP TOTAL FUNDS FUNDS FUNDS SURFACE WATER:001 $27,548 $83,062 $110,610 WATER QUALITY:003 $0 $75,400 $75,400 TOTAL $27,548 $158,462 $186,010_j USGS Contributions USGS Cooperative Water Program Funding $27,548 National Stream Information Program Contribution (3 gages) $46,350 Total USGS Contribution $73,898 2 s s c� coo 0 I= CL a 0 LU V 4� r � V ca � ca p ca � 4� H O tw L tw L. 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(:,,, ,v..?r 41�;i` r'� Sl� x r ��f%r t+''� 1{' j�'. crr,r`� � ��,1 �T�}�j,v`5� .,ttju,. '" rr' -t V., s3�f�7`: a fn��,` .4 1, 4 � � J ✓7 .,,3>1 � a ..�,?'��} r � '"r�lr u% ��. -,air r ,,'`a 3 r -}� t y✓ tI,s�} a, jr,.Ij� {ley ���r��at7'�lhtit. S�{u�£t��4r r l�did:� t'ri; /r'r,f: 'ra:, r �>t� � f ?r .r/ (id•;',, y„�*�»n ''/J�`,. �. r',zc� // o. n � I r {� �/ e jfa.z��j}5/, 1.°„! �r{71'l `Yft, �-rr.,F. - zdrs�.,tS ra,,.as /J :k-,-� ;ills } f � 7r. �'�^'�;st air'„ r71 /,.; �,l”' a� f .V'3! f .✓✓// � � Ss!' :>}S,`r{� ,r?;>: 3'P"'", �?Sf �r f} .,��d°•� :�s?Sry�s� �S lr�Ana, ', ;.,��S'Js ��r, ;5pT � � s��� �� s4. d r,,,�zF'zt ���' ff; }firy El �r fn� fi a�' l� l ;T '{� �tj�l rj r� st�rfY,/ rr h rz�✓/r 1Sayt yu:;4�5 >' rt /2`? rj,r jsf 3 T f rl�;E, xr'. (%a a O cr f . 4 r .4@US Ga 0 H AGENDA MEMORANDUM N�oP©�p,EO Future Item for the City Council Meeting of August 27, 2013 1852 Action Item for the City Council Meeting of September 10, 2013 DATE: August 8, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Resolution Concerning Harbor Bridge Replacement Route CAPTION: Resolution to recommend a preferred alternative route for the replacement of the Harbor Bridge PURPOSE: The purpose of this Agenda Item is to adopt a Resolution recommending a preferred alternative route for the replacement of the existing Corpus Christi Harbor Bridge. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) in cooperation with the Federal Highway Administration (FHWA) has proposed replacing the existing Corpus Christi Harbor Bridge and improving the approach roadways along US 181 and SH 286. The proposed improvements both to US 181/SH 286 and the Harbor Bridge will address structural deficiencies and navigational restrictions of the current bridge, and improve safety, connectivity, and level of service in the study area. The purpose of the project is to correct these established needs and to promote, enhance and spur economic development in the area. As part of the planning process, four alternative routes are currently under review. On June 11, 2013, the Corpus Christi Metropolitan Planning Organization (MPO) adopted a resolution recommending the "red route" as the preferred alternative route. On August 20, 2013, TxDOT made a presentation to the City Council on the four alternate routes under consideration. ALTERNATIVES: 1. Adopt a Resolution in support of the MPO's decision to recommend the Red Route as the preferred route. 2. Adopt a Resolution in support of another preferred route. 3. Do not approve a Resolution in support of any route. OTHER CONSIDERATIONS: The MPO has asked the City to adopt a Resolution in support of the Red Route as the preferred alternative route. CONFORMITY TO CITY POLICY: This item conforms to requests for City Council-supported Resolutions. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None at this time. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Future Anticipated Expenditures This Project BALANCE Comments: No expenditure of funds is required at this time. RECOMMENDATION: City Staff recommends the Council approve a Resolution in support of the Red Route as the preferred alternative route for the new Harbor Bridge. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution to recommend a preferred alternative route for the replacement of the Harbor Bridge. WHEREAS, the Texas Department of Transportation (TxDOT) in cooperation with the Federal Highway Administration (FHWA) has proposed replacing the existing Corpus Christi Harbor Bridge and improving the approach roadways along US 181 and SH 286; WHEREAS, the existing Harbor Bridge is functionally obsolete, increasingly expensive to maintain and represents an obstacle to navigation for ships with an air draft greater than 138 feet; WHEREAS, four alternative routes are currently under review -- they are commonly described as the Green, Orange, Red and West Routes; WHEREAS, the City of Corpus Christi as well as the Corpus Christi Metropolitan Planning Organization (MPO) has reviewed the four current alternatives for their effectiveness in providing connectivity to the existing transportation network; WHEREAS, the City of Corpus Christi has reviewed each alternative as to how they would serve access to the uptown and downtown areas; WHEREAS, the City of Corpus Christi has reviewed each alternative for their ability to maximize transportation safety by eliminating curves and streamlining connectivity; WHEREAS, the City of Corpus Christi has reviewed each alternative to determine their impact on minimizing the adverse impact on the livability of neighborhoods directly affected by the bridge relocation; WHEREAS, the City of Corpus Christi is working with the MPO and TxDOT to develop plans for a multimodal system within the urbanized area; WHEREAS, the Transportation Policy Committee (TPC), the governing body of the MPO, comprised primarily of local elected officials, has been and continues to be a forum for cooperative decisions on transportation; WHEREAS, the City of Corpus Christi is represented on both the MPO-TPC and the MPO-TAC; WHEREAS, the MPO adopted a resolution on June 11, 2013 recommending a preferred alternative route; WHEREAS, the City Council supports the MPO's adopted resolution; WHEREAS, the City Council has conferred with the MPO and city staff to assist them in making a determination and recommendation; WHEREAS, the FHWA/TxDOT planning process would benefit from input and expressions of preference for a preferred alternative from interested public agencies and the general public; KAEngineering Data Exchange\Lynda\Harbor Bridge\New Bridge\Resolution-Harbor Bridge.docx NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi recommends the commonly referred to "Red Route" as the preferred alternative for the replacement of the Harbor Bridge. Section 2. This resolution takes effect immediately upon adoption. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor KAEngineering Data Exchange\Lynda\Harbor Bridge\New Bridge\Resolution-Harbor Bridge.docx 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 KAEngineering Data Exchange\Lynda\Harbor Bridge\New Bridge\Resolution-Harbor Bridge.docx SC v �ORFDRP 's AGENDA MEMORANDUM Future Item for the City Council Meeting of August 27, 2013 Action Item for the City Council Meeting of September 10, 2013 DATE: 7/22/2013 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager ST as.com 361-826-3898 Eddie Ortega, Director of Neighborhood Services EddieOCa)cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Motion to amend the FY2013-14 Consolidated Annual Action Plan (CAAP) due to the final allocation of funds being received from the United States Department of Housing and Urban Development. CAPTION,: Motion to amend the 2013 Consolidated Annual Action Plan (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to increase the Community Development Block Grant Program by $265,242, increase the HOME Investment Partnerships Program by $6,880, and reduce the Emergency Solutions Grant Program by $62,189; and to authorize the City Manager or designee, following the conclusion of the comment period required by HUD, to amend the FY2013 CAAP by accepting the allocation changes and recommendations by staff; and to execute all necessary documents with HUD and the CAAP grantees. PURPOSE: Purpose of a Substantial Amendment is to abide by HUD requirements to amend an approved CAAP and to provide a "Citizen Comment Period" for citizens to provide comments on the recommended changes to the FY2013 CAAP. BACKGROUND AND FINDINGS: On May 14, 2013, City Council approved an Ordinance to approve the FY2013-2014 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs with staff proposed funding amounts. City Council requested that City staff review the La Retama Library Accessibility Project and return to City Council with recommendations. At the time, the U.S. Department of Housing and Urban Development (HUD) proposed that entitlement communities reduce each program by 5% of the FY2012 entitlement allocations. On May 29, 2013, HUD released its final entitlement allocations to its Participating Jurisdictions. The CDBG Program received a 10.77% increase from the prior proposed amount. This additional $265,242, along with the prior amount of$222,645 which was not allocated in May account for$487,887 of available CDBG funds. It is proposed that La Retama Central Library Accessibility be recommended for $123,000, Engineering Department Accessible Routes in CDBG Residential Areas Phase 3 be recommended for $200,000, Engineering Department Residential Traffic Management Program be recommended for$25,000 and the Neighborhood Services Department Demolition Program be recommended for $139,887. The ESG Program received the largest reduction of 24.74% from the prior proposed amount. The ESG Program was reduced by $62,189. Due to the percentage of reduction, City staff determined to reduce all approved projects by 24.74%. The attached table provides the amount adopted to the new amount proposed. The HOME Program received a .0726% increase from the prior proposed amount. This $6,880 will be reprogrammed into the FY2014 CAAP. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval to amend CAAP is required for the completion of the project. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $272,122 $272,122 BALANCE $272,122 $272,122 Fund(s): Comments: This expense only impacts the FY2013-2014 as it consists of funding comprised of the final entitlement allocation from HUD. RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: CDBG Project List Central Library Budget—Site work Central Library Budget- Elevator ESG Project List COMMUNITY DEVELOPMENT BLOCK GRANT FY2013 Available Funding: $487,887 PROJECT STAFF RECOMMENDATION La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the library and reconstruct the damaged entrance walkways. $123,000 Funding also requested to replace the public access elevator and bring it up to ADA standards so that access can be possible for individuals with disabilities or the elderly . Accessible Routes in CDBG Residential Areas Ph 3 Project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will build approximately 2,300 liniar feet of 5 foot $200,000 wide sidewalk and 15 ADA compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd., Greenwood Dr., Baldwin Ave., and Ayers St. Residential Traffic Management Program Program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The request is to allocate CDBG funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the $25,000 RTMP, residential neighborhoods in CDBG areas have not elected or been able to particiate in the TRMP due to difficulty in the residents' share of the cost. The request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore, there will be no cost to the residents. Demolition Program Program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the structure. The demolition of these structures is an abatement measure as deemed necessary by the Buiilding Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each $139,887 structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. TOTAL $487,887 Emergency Solutions Grant (ESG) Program FY13 Final Allocation $189,117 Council Adopt PROJECT 05.14.13 Final HUD Allocation City of Corpus Christi - ESG Administrative Cost $18,847 $14,183 Wesley Community Center $20,000 $15,051 Corpus Christi Metro Ministries $60,000 $45,152 Recovery Contacts, Inc. $20,000 $15,051 Charlie's Place Recovery Center $20,000 $15,051 The Salvation Arm $56,000 $42,142 Catholic Charities of Corpus Christi $20,000 $15,051 Cor us Christi Hope House $18,230 $13,718 Mary McLeod Bethune Day Nursery $18,2291 $13,718 TOTAL $251,3061 $189,117 PROJECT BUDGET ESTIMATE 711912013; Central Library- Public Elevator Modernization and ADA Compliance PROJECT FUNDS AVAILABLE: PendingCDBG Grant............................................................................... $ 89,953.42 Facilities Maintenace Funds...................................................................... $ 5,966.51 Total Funds Available $ 96,919.93 FUNDS REQUIRED: Construction (Barcom) Public Elevator Modernization and ADA Compliance $ 78,452.15 Contingency(8%)................................................................................................ $ 6,119.27 Total $84,571.42 Consultant Fees: Consultant -(Solka Nava Torno) ...........:... ........... $ 4,790.00 .................................................. Material Testing (TBD)..................................................................................... $ 592.00 Reimbursements: Contract Administration (Contract preparation/Award/Admin)........................................ $ 2,537.14 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)............................... $ 3,006.51 Finance.............................................................................................................. $ 211.43 Misc. (Printing, Advertising, etc.)............................................................................. $ 211.43 TOTAL................................................ ............................................................ $95,919.93 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ Attachments: 1. Solka Nava Torno Proposal for Professional Services 2. Barcom Proposal for Construction of Proposed Improvements 6262 Weber Rd. Suite 310 Corpus Chrlstl,'Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchitects,coirt CITY OF CORPUS CHRISTI CENTRAL LIBRARY ELEVATOR ADA IMPROVEMENTS Task List June 27, 2073 7. Investigate existing condition of elevator serving public visitors for current elevator code compliance, maintenance needs and accessibility compliance. 2. Provide Plans, Specifications(on Drawings)and Details to describe improvements and upgrades to existing public elevator located in Lobby in order to achieve ADA (TAS 2012) compliance and satisfactory operation. 3. Investigate after-market installation of decorative hardwood paneling in interior of existing elevator cab. Design replacement materials/installation as required for TAS clear space requirements inside cab. 4. This proposal includes cost of TAS plan review submittal and inspection at project completion. (Note: State Fees, RAS plan review fees and RAS final inspection fees must be paid in full at the time of plan review submittal). 5. Costs of reproduction of Bid documents, if required, will be a pass through reimbursable. 6. This proposal includes no services for Bidding, Permitting and Construction Administration phases. 7 It is assumed that construction will be the responsibility of a City selected and approved Job Order Contractor and that the Job Order Contractor will be managed by the City. 8. Additional services required or requested will be billed as "Time and Material" in accordance with Rate Schedule attached. J:19913H 121Task Llsl.dac Eresmo Nava,AIA Glen Ray Torno,AIA Jay Porter 166 AIA SUKA N@ 6262 Web&Ad: Sulte 310 Corpus Christi,Tekas 78413=4031 p: 361-854-1471 f., 361.8544470 wwW.6nta iteds.c oin City of Corpus Christi Central Library Elevator Accessibility Improvements Fee Proposal 06127/2013 Budget `5 �E:_-3�i2 a(s: -Y.,..i. .�'3.\ '�. Sir. .3 ..1.i.4�;-1 � _ y J.'-• 1 Meetings with City Staff and Users 2 2 - - $ 420.00 2 Investigate Cab Finish Replacement Options 2 - - - $ 240.00 3 Site Investigation 2 4 4 - $ 800.00 4 Existing Condition and Demolition Floor Plan 2 2 2 - $ 020.00 5 New Work Floor Plan and Details 2 4 8 - $ 1,000.00 _6 Specification Notes(On drawings) _ 4 _2 _ 2 2 $ 860.00 _8 Subtotal 14 14 14 2 $ 3,830.00 9 Texas Accessible Standards Requirements 10 State Filing Fee $ 175.00 11 Plan Review Fee $ 340.00 12 M_ Inspection Fee__ _ _ $ 445.00 13 Subtotal $��980.00 Designation Rate P=Principal $ 120.00 SA=Staff Architect $ 90,00 TS=Technical Staff $ 50.00 C=Clerical $ 46.00 Page 1 of 1 MEMA MAIM VOWMA 6262 Weber Rd, Sulte 310 Corpus Christi,Texas 78413-4031 p: 361-8591471 f: 361-854-1470 www.sntarchitects.com' Consulting Bulling Rates May 2013 Principals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 120,00 Staff Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90.00 Intern Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00 Technical Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00 Consultants (Actual Cost) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 times cost Reimbursable Expenses/ Mileage . . . . . , , , , . . . (Reproduction, Postage and Shipping, Travel Related Expenses and Miscellaneous Direct Project Costs) Erasmo Nava,AIA Glen Rav Torno.AIA Jav Porterfield,AIA i n N LO N � ' sa 00 M I R °' o i I W0 EL � I c ! z a a I'nMul� �� -4 I CE �iA U1 i N EO'" �11ih.a0',•�'N`��yylc�Stn r- tDl kk I� � � Q O 4p `c I a ' i g QkAl T EL 4 II i '"" 11 : u. � _= j t ' ; U �, as Rio R IV PL ca ;' ¢ — G1 a I m a C ++ � oc j y i .... o a e o a U i I lu w FL CL O I Q Q I ' I M NI a '� 1 H °n I a c co co a I n ti j O d ' to a� 7. i I g q1 C ' 69 to C CL cn rp M I I ! g 60 a i u d I � I sa CL C F o Q us 1 5 u ... ° I G I ~ 3- 40 qa m OD ` _ c o f I U O I .F: ~ to p g W & 1 N 9 } C Vg ❑ � n o a k o f fi CL cf 3 I to iw 0o uul m p I ! I � C M I o � E a 0lr ' = U TL ' CL ' 2 cr I R lo E !'Q'. PROJECT BUDGET ESTIMATE 7/49/2073 Central Library-Sidewalk Rehabilitation and ADA Compliance PROJECT FUNDS AVAILABLE: Pending CDBG Grant............................................................................... $ 33,041.55 Facilities Maintenance Fund...................................................................... $ 2,212.12 Total Funds Available $ 35,253.67 FUNDS REQUIRED: Construction (Barcom) Sidewalk Rehabilitation and ADA Compliance $ 26,824.31 Contingency (8 %)....................................................... $ 2,092.30 Total $28,916.61 Consultant Fees: Consultant - (Solka Nava Torno)............................................................................. $ 3,990.00 Material Testing (T80)..................................................................................... $ 134.94 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)........................................ $ 867.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)............................... $ 1,200.04 Finance.............................................................................................................. $ 72.29 Misc. (Printing, Advertising, etc.)............................................................................. $ 72.29 TOTAL.............................................................................................I................ $35,253.67 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ Attachments: 1. Solka Nava Torno Proposal for Professional Services 2. Barcom Proposal for Construction of Proposed Improvements 6262 Weber Rd. Suite 310 Corpus Christi,3'exa5 78413-4031 p; 361-854-1471 f: 361-854-1470 www.sntarcllI.t Cts.Com CITY OF CORPUS CHRISTI CENTRAL LIBRARY NORTH ENTRY ACCESSIBILITY IMPROVEMENTS Task List June 27, 2013 1. Investigate existing conditions of parking, sidewalks, ramps and other components of the required accessible path of travel to gain entry into the first floor of the Central Library. 2. Design and detail improvements to the site to bring the accessible route into compliance with TAS 2012. 3. City of Corpus Christi is to provide survey support documentation of existing grades and elevations as per direction of Architect. 4. This proposal includes cost of TAS plan review submittal and inspection at project completion. (Note: State Fees, RAS plan review fees and RAS final inspection fees must be paid in full at the time of plan review submittal). 5. Costs of reproduction of Bid documents, if required, will be a pass through reimbursable. 6. This proposal includes no services for Bidding, Permitting and Construction Administration phases. 7. It is assumed that construction will be the responsibility of a City selected and approved Job Order Contractor and that the Job Order Contractor will be managed by the City. 8. Additional services required or requested will be billed as "Time and Material" in accordance with Rate Schedule attached. Erasmo Nava,AIA J 191411p21Task Lisl.doa flien Ray Torno,AIA Jay Portodiield,AIA Sol- MUT0- Q fi282 Weber, di SuIte 310 Corpus ChtistiTekas 7 8413-4031 p: 361854-1471 F: 361-854-1470 www:-niarctiitects.com City of Corpus Christi Central library North Entry Accessibility Improvements Fee Proposal 06/27/2013 Budget � y and Users 2 Prepare Preliminary Cost Bstimate 2 - - 4 $ 3 Site fn�estigation 285.OD 2 4 4 $ 800.00 4 Existing Condition and Demolition Floor Plan 2 4 2 5 New Work Floor Plan and Details $ 700.00 2 - $ 440.00 8 Specification Notes(On Drawings) 4 _ 2 - 2 7 5._._.._ury XM(b r�City) $ $70.00 9 Texas Accessible Standards Requirements Subtotal 14 t0 12 3 _ _ $_ 3,315.00 10 State Filing Fee 11 Plan Review Fee $ 175.00 12 _ Inspection Fee $ 250.00 13 — - — — ----- $ 250.00 zr Subtotal 67S 00 Designation Rate P=Principal $ 120.00 SA=Staff Architect $ 90.00 TS=Technical Staff $ 50.00 C=Clerical $ 45,00 Page 1 of 1 G262 Weber Rd, SLIKO 310 Corpus Chrlstf,Texas 78413-4031 p; 351-854-1471 f, 361-859-1470 www.snta1ch4teCLs,Com I • Consulting Billing Rates May 2013 Principals . . . . . . . . . . . . . . . . . . . . . . . Staff Architect . . . . . . . , Intern Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00 Technical Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.40 Clerical . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00 Consultants (Actual Cost) . . . . . • . • • . • • • • . • • . . . . • • • • . • • . . . . . 1.O times cost Reimbursable Expenses/ Mileage . . . . . 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I i � � d tw C3 Ln .a: I `1V1. yr r e� to � 613 69 Its � 64 iv3 k ? rte+ e } Lu � I 1 o LO ME i N Y x c B�IY � ca d CL eq Q �J ++► D I ��ryy h f Q T t `�'• I I SP L_QL tl�j N CM tn "- AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of August 27, 2013 Second Reading Ordinance for the City Council Meeting of September 10, 2013 DATE: August 1, 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 Light Industrial to General Commercial by Bay Area Self Storage of Corpus Christi Manager, LLC Property Address: 2317 Rodd Field Road CAPTION: Case No. 0713-06 Bay Area Self Storage of Corpus Christi Manager, LLC: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, not resulting in a change to the adopted Future Land Use Plan. The property is described as being a 4.29-acre tract of land out of Lot 21 A, Block 2, Windbrook Unit 2, located along the west side of Rodd Field Road, approximately 135 feet north of Cano Lane. PURPOSE: The purpose of this item is to rezone the property to allow construction of additional commercial buildings and bring the existing structures into conformity with the Unified Development Code (UDC). RECOMMENDATION: Planning Commission and Staff Recommendation (July 31, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, Bay Area Self Storage of Corpus Christi, Manager, LLC, is proposing a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District to reduce the side and rear yard setback requirements which will allow the construction of two additional buildings to the existing mini-storage facility and bring the existing structures into conformity with the Unified Development Code (UDC) setback requirements. When the UDC was adopted, a 40- foot setback became a requirement when an "IL" District is adjacent to a residential district as a way to better protect the residential uses from industrial uses. The existing mini-storage facility is a commercial use and a 40-foot setback from the residential uses is not necessary. Rezoning the subject property to the "CG-2" District will reduce the setback requirements between the mini-storage facility and the residential uses to the south. The property to be rezoned is suitable for commercial uses and the proposed rezoning would not negatively impact the surrounding properties. Future commercial uses are more compatible with the adjacent residential properties than industrial uses. 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 rezoning is consistent with the adopted Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services 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 � q a � �� .�^• fin. CFA � � $t t_F��•'"Z:r gl,.. .k{Q,k pt� t � yr^ ` ,�try pk 0 F x S • a 4 4 P ' r Y a. � 4 1 e 1 f IfY ) CITY COUNCIL ZONING REPORT Case No.: 0713-06 HTE No. 13-10000022 Planning Commission Hearing Date: July 31, 2013 Applicant/Representative: Bay Area Self Storage of Corpus Christi _ •o Manager, LLC a� a Owner: Bay Area Self Storage of Corpus Christi, LLC 'Q_ '0 Legal Description/Location: Being a 4.29-acre tract of land out of Lot c otf o 21 A, Block 2, Windbrook Unit 2, located along the west side of Rodd Field Road, approximately 135 feet north of Cano Lane. From: "IL" Light Industrial District y To: "CG-2" General Commercial District Q Area: 4.29 acres io Cr Pupose of Request: To allow construction of two additional storage buildings and bring the existing structures into conformity with the Unified Development Code (UDC). Existing Zoning Existing Land Use Future Land Use District M Site "IL" Light Industrial Commercial Commercial 8' y Vacant & Light •� ? North "IL" Light Industrial Industrial Commercial 0 N Low Density Low Density c South "RS-6" Single-Family 6 c M Residential Residential y "CG-2" General Public Semi-Public Public Semi-Public & East ' Commercial & Commercial Commercial w West "IL" Light Industrial Public Semi-Public Commercial Area Development Plan: The subject property is located within the cL c boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial a c District is consistent with the adopted Future Land Use Plan. a Map No.: 041033 Zoning Violations: None Transportation and Circulation: The subject property has 140 feet of ca c frontage along Rodd Field Road, which is an "A3" Primary Arterial Divided street, and is approximately 135 feet north of Cano Lane, which is a local H residential street. Urban Proposed Existing Traffic Street Transportation Q Plan Type Section Section Volume L O C d Rodd Field "A3" Primary 130' ROW 120' ROW 9,901 Rd. Arterial Divided 79' paved 68' paved (2010 ADT) Zoning Report Case#0713-06 Bay Area Self Storage Page 2 Staff Summary: Requested Zoning: The applicant is requesting to rezone the subject property from the "IL" Light Industrial District to the "CG-2" General Commercial District to allow construction of two mini-storage buildings at the required setbacks of the "CG-2" District, which are less restrictive than those required of the "IL" District. The purpose of this rezoning is also to bring the existing structures into conformity with the Unified Development Code (UDC). Development Plan: The applicant operates an existing mini-storage facility and proposes to construct two additional mini-storage buildings on the property at a distance of 25 feet from the southern property line where the subject property abuts a single- family zoning district. The applicant will have to setback 25 feet from the southern property line because a 25-foot wide AEP electrical easement is located along that property line. The existing "IL" District requires a 40-foot wide setback when adjacent to a residential district. The location of the proposed buildings at 25 feet from the southern property line does not meet this 40-foot setback requirement. If the "CG-2" District is approved, the 40-foot setback would not be required; instead a 10-foot wide buffer yard and 15 buffer points would be required. The area within the 25-foot wide electrical easement will serve as a buffer yard between the subject property and the adjacent single-family neighborhood. The applicant's mini-storage facility also has two existing buildings located 25 feet from the southern property line encroaching into the required 40-foot wide setback. When the existing buildings were constructed under the former Zoning Ordinance, a 40-foot wide setback was not required between residential and industrial zoning districts. When the UDC was adopted, the 40-foot setback became a requirement which made the existing structures nonconforming. Rezoning the subject property to the "CG-2" District will bring the existing buildings into conformity with the UDC. Existing Land Uses & Zoning: North of the subject property is an access road to an AEP substation and a facility with commercial and light industrial uses zoned "IL" Light Industrial District. East of the subject property is a bar and a fire station zoned "CG-2" General Commercial District. South of the subject property are single-family dwellings zoned "RS-6" Single-Family 6 District. West of the subject property is an AEP substation zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Plan designation as commercial. Plat Status: The subject property is currently platted. Zoning Report Case#0713-06 Bay Area Self Storage Page 3 Department Comments: • The existing and proposed use is a commercial use and a 40-foot setback is not a necessary buffer between residential and commercial self-service storage uses. • The rezoning is consistent with the adopted Future Land Use Plan. Future commercial uses are more compatible with the surrounding residential properties than future industrial uses. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Number of Notices Mailed — 47 within 200' notification area; 5 outside notification area 0 As of August 1, 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: A. Location Map (Existing Zoning & Notice Area) B. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0713-06 Bay Area Self Storage\City Council Docs\0713-06 Report for CC,Bay Area Self Storage.docx £f 0 t" v?� SUBJECT r' 44 PROPERTY eP , r��'•,� ��r l jr. "{J r a -- ff' . My 4 f 26 y 40 r 16 4 rr / r C3 4 42, 22 1 ' F f 3? '€ 23 2 f I , J.J , Fn t { 1 `max qd7�}, xd +x."Aa ' T` ° C7aram+�vr# i .am�ufdrrvrcas 0713-06 i Zoning & Notice Area RM4 Mul5Rami8ty d L Ligim Ind sdulal e � RW2 Mmitlga'Wry2 IH Kamy IndumduN Olt, RWAT Mulft6amrdy AT - CK4 N®d9I165sdt. COr+113d!$96'W R54.5 SlnoWu alnWy45 Gad-: r"8ufamr"a" ati� mwnerelaf RS,TF 1"aa�adsvm6ly a.. .,+� S ` CA4 E"o"Cmdo7 RS-a5 Sa4s_Faai}u 5 a �.. - G—nal cd4 mwcisl GY a wlanw c Cgmmerclrd RV Rmf Guronal v A 1Kapark ,... CRD Dow"lown com WINIM RMFE Wnuractwmd Hume . CF4 Ike%ort Cammerz6a1 FR Form Rirrnd kd Ht�ea�ads 4vorlly �u�IrreSe56"uA v �, City of s 3"04e7t rsrrr °:xrs,+rs �, ! ti= eW 4 i »,,,..,,,.,,.,,.=,,,,, ,.,,»..,Wms. .. ' yrK Co -+ TJ i Christi EXHIBIT A m .a u ...:... ._._.,....s-----is.:... ado Y � � .;. s }. .. p T+ o ( JI� g1 ' o g A �• r . h j � i e Rr r: t 9 I f, �s MIN Raw -QUA { �a � w q ! F q Ordinance amending the Unified Development Code ("UDC") upon application by Bay Area Self Storage of Corpus Christi Manager, LLC, acting as agent on behalf of Bay Area Self Storage of Corpus Christi, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 4.29-acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2 from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Bay Area Self Storage of Corpus Christi Manager, LLC, acting as agent on behalf of Bay Area Self Storage of Corpus Christi, 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, July 31, 2013, during a meeting of the Planning Commission, and on Tuesday, August 27, 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 Bay Area Self Storage of Corpus Christi Manager, LLC, acting as agent on behalf of Bay Area Self Storage of Corpus Christi, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.29-acre tract of land out of Lot 21 A, Block 2, Windbrook Unit 2 (the "Property"), located along the west side of Rodd Field Road, approximately 135 feet north of Cano Lane, from the "IL" Light Industrial District to the "CG-2" General Commercial District (Zoning Map No. 041033), 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 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 as required by the City Charter of the City. 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 Ordinance, Bay Area Self Storage_08052013 Page 2 of 2 URBAN ENGINEERING .rune 20,2013 Job Nei.37856.B3.00 STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 4,29 Acre Tract of Land out of Lot 21 A,Block 2,Windbrook Unit 2,a map of which is recorded in Volume 62,Page 73,Map Records of Nueces County,Texas;said 4.29 Acre Tract being more fully described as follows: Beginning at a 518 inch iron rod with red plastic cap stamped"URBAN ENGR C.C.TX"found on the northwest boundary of Rodd Field Road,a public roadway,for the east comer of Lot 20,Block 2,Windbrook Unit 2,a map of which is recorded in Volume 58,Pages 169-170,Map Records ofNueces County,Texas,for the south corner of said Lot 21A and of this tract; Thence,North 61"00'10"West,along the northeast boundary of Lots 4-20,said Block 2,for the southwest boundary of said Lot 21 A and of this tract,a distance of 843.06 feet to a 5/8 inch iron rod with red plastic cap stamped"URBAN ENGR C.C.TX"found for the west corner of this tract; Thence,North 29°01'00"East,along the northwest boundary of said Lot 2 1 A and of this tract,a distance of 265.92 feet to a 1/2 inch iron rod with plastic cap labeled"CDS/MUERY SA.TX"found for the north corner of this tract, Thence,South 61'29'44"East,along the northeast of boundary of said Lot 21 A and of this tract,a distance of 538.62 feet for a comer(No Monumentation Found or Set)of this tract; Thence,South 28°59'50"West,a distance of 130.55 feet for a corner(No Monumentation Found or Set)of this tract, Thence,South 61'00'10"East,a distance 30.15 feet pass a common corner of Lots 2I A and Lot 21 B, Block 2,in all a total distance of 303.11 feet for a corner(No Monumentation Found or Set) of this tract; Thence,South 28°28'51"West,along the northwest boundary of said Rodd Field Road,for the southeast boundary of said Lot 21 A and of this tract,a distance of 140.01 feet to the Point of Beginning and containing 4.29 acres(187,009 square feet)of land. Bearings are based on the recorded plat of Windbrook Unit 2,a map of which is recorded in Volume 62, Page 73,Map Records ofNueces County,Texas Unless this Field Notes Description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING -♦�• Naj ..{fiiY ilM9++f�i++r�1. AN LEE UMAN aea.tie.vlase.®.seta.®l1l..sr+r lr 4710�„+.y' Ilan L.Urban,R+P+LrSr jGq,�„� 1p;�• License No.4710 SUS , (361)854-3101 2725 SWANTNFR DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.arbaneng,com TBPF Firm#145 EXHIBIT "A” U1 01 - 00pc� t q!2 VA P,c J c f o pp rs CJ o v v p GG o E 0 d � Ag d °° rn LU v_i ksr sa+xx+aPUI _. w v W V C S P�iSI f��PFot! ._N U I aa,wsaa+aa oa a «a as +ao.,m to t_�ant 4111 V Jo A"ad Z N E V R W — — U — Al #. — � I r � I I I I I I I I e t } I ,-wm Mas,ss,szs 0 I I I I ! I I I I I 1 j I $ i I I i I 16 I �'«• (ilk I v I `"9' 4 c t -9 0 =I1 c3 15 Lr) 0 } I 1� .zss�z a.00,ta.gzn i I 3 �P�ro'Prs-Prc*Pa'aPrc PH � y I pqn J- p�, W PDb•Py Aj +—Pia9 d/a 4p+Al4d Y4 4a P� Paa",p,wwa�Nw wind p'01 3 P tiPl9+m,! n Bf uP!taaS'4t ie7 I EXHIBIT "B" AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 10, 2013 Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: August 1, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Residential to Heavy Industrial by the Port of Corpus Christi Authority of Nueces County, Texas Property Location: South of La Quinta Road and bayward of the City limit line. CAPTION: Case No. 0713-05 Port of Corpus Christi Authority of Nueces County, Texas: A change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. The property is described as being a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, located south of La Quinta Road and bayward of the City limit line. PURPOSE: The purpose of this item is to rezone the property to allow heavy industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (July 31, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the Port of Corpus Christi Authority (the Port) is proposing a rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District in order to allow future heavy industrial uses along the property's 3,800-foot shoreline. The Port plans to develop this property with docks and wharfs to support the landside construction of industrial facilities that are part of the Port's future La Quinta Gateway Terminal. The proposed rezoning is compatible with the heavy industrial uses located north of the subject property and would not negatively impact surrounding properties. This area on the north side of Corpus Christi Bay is planned for heavy industrial uses. The proposed rezoning is not in conflict with the City's Comprehensive Plan or the Future Land Use Plan. 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 City's Comprehensive Plans and Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 }ri> s, �t f iA t t z • CL W C� N c� 1 1 • =g r x 1 5`� fff i r[' } A f, 't � CITY COUNCIL ZONING REPORT Case No.: 0713-05 HTE No. 13-10000029 Planning Commission Hearing Date: July 31, 2013 Applicant/Owner: Port of Corpus Christi Authority of Nueces County, Texas c Legal Description/Location: Being a 268.68-acre tract of land out of R ° the Geronimo Valdez Survey, Abstract 269, the John Garreghty •" ED • Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. aJ y 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, Q D 11, and 12, as shown on the map provided, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. �., From: "RS-6" Single-Family 6 District c a) To: "IH" Heavy Industrial District .o s Area: 268.68 acres N Purpose of Request: To allow construction of dock and wharf facilities. Existing Zoning Existing Land Use Future Land Use District ayi Site "RS-6" Single-Family 6 Water Water & .E ? Heavy Industrial N North Outside City Limits Vacant Heavy Industrial c J South "RS-6" Single-Family 6 Water Water y East "RS-6" Single-Family 6 Water Water .X w West "RS-6" Single-Family 6 Water Water a cn Area Development Plan: The subject property is not located within one of the c City's Area Development Plans and the Future Land Use Plan calls for a a o portion of the property to be heavy industrial uses. p _o Map No.: N/A Q Zoning Violations: None c Transportation and Circulation: The subject property does not front any y•o streets and is located within the Corpus Christi Bay. The closest street to the a subject property is La Quinta Road, which is private road located within San Patricio County. Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on 268 acres of submerged land to allow construction of dock and wharf facilities along the water fronting 3,800 feet of shoreline. Zoning Report Case#0713-05 Port of CC Authority Page 2 Development Plan: The Port of Corpus Christi Authority is planning to construct docks and wharfs to support 24/7 waterborne commercial and industrial activities along the La Quinta Channel. The water operations will support the land-based industries in and around the La Quinta Trade Gateway Terminal. The property to be rezoned does not include land outside of the City limits. Existing Land Uses & Zoning: North of the subject property is vacant land within San Patricio County, which is not within the City of Corpus Christi city limits, and is planned for heavy industrial uses. Heavy industrial facilities are located northeast of the subject property. East, south, and west of the subject property is the Corpus Christi Bay zoned "RS-6" Single-Family 6 District. 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 subject property is not located within one of the City's Area Development Plans. The proposed change of zoning to the "IH" Heavy Industrial District would not conflict with the adopted Future Land Use Plan or the Comprehensive Plan. The Comprehensive Plan states that the City should encourage improvements to the port area and its facilities. Plat Status: The subject property is not platted. Department Comments: • The proposed rezoning is compatible with the heavy industrial uses located north of the subject property. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for heavy industrial uses. • The proposed rezoning is not in conflict with the City's Comprehensive Plan or the Future Land Use Plan. The surrounding properties located along the shoreline call for heavy industrial uses. This rezoning is consistent with Port activities and the surrounding properties' land use. Planning Commission and Staff Recommendation (July 31, 20131: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. Number of Notices Mailed — 3 within 200' notification area; 0 outside notification area 0 As of August 1, 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. Exhibits: 1. 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Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the Port of Corpus Christi Authority of Nueces County, Texas, ("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, July 31, 2013, during a meeting of the Planning Commission, and on Tuesday, September 10, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 2857 2867 2877 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12 (the "Property"), located south of La Quinta Road and bayward of the City limit line, from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District, as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description pertaining to 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 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0713-05 Ordinance, Port of CC_rev08162013 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 0713-05 Ordinance, Port of CC_rev08162013 Page 3 of 3 Ht4dro Ex Surveying I Construction I Hydro Excavation 802 N.Navigation Blvd.,Suite 102 Corpus Christi,Texas 78408 268.68-Acre Tract "LA QUINTA SUBMERGED LANDS" FIELD NOTES to describe the boundary of a 268.68-acre tract of submerged land herein referred to as the"La Quinta Submerged Lands"being a portion of a called 930.28-acre tract known as Tract II and all of a called 21.98-acre tract known as Tract IV — Submerged Tract, both in `Exhibit A"of a called 1089.34-acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467,Official Records,Nueces County,Texas and being a portion of a called 4140.6-acre tract of submerged land conveyed by the State of Texas to Nueces County Navigation District No. 1 by Patent 106 dated August 9, 1951 as recorded in Volume 522,Page 201,Deed Records,Nueces County,Texas also being out of the State of Texas Submerged Land Tracts, Tracts 1 & 11,in Nueces County, Texas,said 268.68- acre tract being more particularly described by metes and bounds as follows; COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked"Quintana 1933",said monument having Texas State Plane Coordinates of X=1377525.05 and Y= 17211356.21,thence South 85°24'44"East a distance of 2,343.93 feet to a 1" iron pipe found for the southeast comer of the "La Quinta" 1089.34-acre tract for the northeast corder of said 21.98-acre tract and for the northeast comer of the tract herein described for the POINT OF BEGItNN1ING; THENCE South 06'31'00" East, a distance of 3387.40 feet to a point on the south boundary line of said 4140.6-acre tract for the southeast corner of the herein described tract; THENCE North 78'50'00" West, along the south boundary of said 4140.6-acre tract, a distance of 1587.78 feet to a point for an interior corner of the herein described tract; THENCE South 75°50'00" West, continuing along the south boundary of said 4140.6- acre tract, a distance of 2591.68 feet to a point for the southwest comer of the herein described tract; THENCE North 00°33'06" West, a distance of 2958.97 feet to a 1"iron pipe found for the southwest corner of the"La Quinta" 1089.34-acre tract for the northwest corner of the herein described tract; TI3ENCE, along the shoreline as surveyed by David Pyle, L.S.L.S., as noted on revised April 12,2004 survey of the Port of Corpus Christi Authority"La Quinta"property,said line being the 5.12' contour as observed by local tide staff datum on this date, the following calls; North 77'30'20"East,a distance of 144.29 feet; North 73'43'10"East,a distance of 324.21 feet; North 80032'47"East,a distance of 52.21 feet; South 68°07'44"East,a distance of 82.71 feet; North 51°17'53"East,a distance of 40.38 feet; South 69'00'25'°East,a distance of 48.51 feet; 1113-0147 . EXHIBIT A Page Iof3 North 65 142'18"East,a distance of 68.04 feet; North 12°56'20"East,a distance of 41.68 feet; North 61°34'29"East,a distance of 61.53 feet; South 32'36'16"East,a distance of 28.24 feet; South 86'52'13"East,a distance of 52.20 feet; North 60°03'22"East,a distance of 65.87 feet; North 33'12'46"East,a distance of 48.82 feet; North 71°32'21"East,a distance of 83.23 feet; North 75°07'58"East,a distance of 177.63 feet; South 55°25'32"East,a distance of 33.59 feet; South 84°48'58"East,a distance of 25.74 feet; North 59°31'28"East,a distance of 42.46 feet; North 22°33'06"East,a distance of 18.12 feet; North 77'51'15"East,a distance of 83.23 feet; North 80°58'36''East,a distance of 193.38 feet; North 76'16'33"East,a distance of 262.12 feet; South 63°27'20"East,a distance of 6196 feet; South 86°47'09"East,a distance of 111.77 feet; South 61'37'18"East,a distance of 54.95 feet; North 55°12'32"East,a distance of 118.23 feet; North 76°49'40"East,a distance of 59.49 feet; North 33°50'33"East,a distance of 32.19 feet; North 81°54'57"East,a distance of 51.75 feet; South 73°30'31"East,a distance of 43.04 feet; North 5710'46"East,a distance of 55.82 feet; North 89°21'55"East,a distance of 33.32 feet; North 23°09'01"East,a distance of 25.17 feet North 70'06'15"East,a distance of 211.13 feet, South 74'09'18"East,a distance of 58.76 feet; South 81'44'11"East,a distance of 69.17 feet; 1413-0147 _2 EX H I BIT A Page 2 of 3 North 67°48'37"East,a distance of 85.19 feet; South 53°58'45"East,a distance of 111.03 feet; South 76°59'25"East,a distance of 55.94 feet, North 34°12'58"East,a distance of 46.69 feet; North 85°26'36"East,a distance of 46.65 feet; North 50°02'37"East,a distance of 48.32 feet; North 11'34'57"East,a distance of 55.80 feet; North 85°33'37"East,a distance of 196.39 feet; South 57'07'15"East,a distance of 84.20 feet; South 88'12'34"East,a distance of 82.22 feet; North 28°22'03"East,a distance of 101.29 feet;, South 84°54'07"East,a distance of 144.95 feet; South 53'14'09"East,a distance of 43.08 feet; THENCE North 66135'48"East.a distance of 100.61 feet to a 1"iron pipe found for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 268.68 acres(11,703,481 square feet)of land,more or less. A record drawing of even date herewith accompanies this legal description. These field notes of a submerged land tract represent a survey made by calculation only and not on the ground under my direction and are true and correct to the best of my knowledge. The information of record noted herein was provided by the Port of Corpus Christi Authority. a . n Date 'k89- ael D.Stridde R.P.L.S.#3589 1044) H13-0147 EX H I BIT A Page 3 oi'3 Z �m an F>om m(0"7'Ko Hw¢m0 Q FQd-Y�r m a0���`m m�''N zr❑Z¢<(�y'n°�Xt rO?o z m-n r❑Sm vwm w Y m m�w k�xNSiO U❑O.'_zaoNW�o❑¢�¢a��w�'¢O vr-i!z oZ❑-K Fz�W O�W Z�o ooN x!vmo o'rn m�W¢ZS 0�?¢O�O I W-H p�F m�Om?i❑<r¢a¢m z p aw�~'Z Oo Uo mCI�w W-9j LLW-0Um wZ W�0_�p❑¢z¢ m r 0 Z�U=Z h��zZfO ¢ K O Z O X ¢ ❑W W 0 NO KZUU 0 5 O i o <00<0 0 Z o w 0 ¢ozo x d-.' w 0 �U a j 0 m0 p < '0 2NZi a z wwa-ov° z Q c5 0w 0W°O O ,<00 �a0z xN w m z z am J 0az° w OQ m 2� S � U� w>w W -¢u � 0 LL O O�I <L(I- >u 7� o 6 a a e a 8 0 d Z Q m¢ �0590 z o Z <�0.0WO O W ¢W oOW ❑¢ 0 > � �❑ riDiv ¢ w v > Fzzzw z�oa0 rO- Z o >w o 0 w - m0� Z �N�UwZN J OUCO 0 W OC)W W 0 w < m w z 0 N o O � ¢ Q < ❑ w M Q <x x -JOT � ¢v � m Z w z> x OOZwOZw ON-0 x CU1 W ¢¢m Oj �w � O a LLH A z� w � o a'z g- 0 M 0wzpp0 N m rn 1 U O~ Oy0F Z 0 \ aK wpmi�p B9 o gdZQ aa(wY¢FW- !' �OOm�NWW {"�o 11�a�,/ awz°W Ui wwrw CD Ib���(m0r QZ LLOm Ym�waiF Q rn m O O 0z W 10) �e 0�c�vUvwo w ¢ ;n - SQ°v4S mil< 0Z-'mmm W¢mQ `o m0U°ai o alwX-I- Z t 1 I t J 1 / � `�• 'PU � �t Sig�4 g �d o'o ` _ '\< co co a8L-v t =w ,! / , m❑ ao r w<� z 9dZ W m sa uoz!✓m,•'UJ�A'1=� '� O �,` 1; 0❑a w \ OY > w W �� �� r l� C) 0 ff,Y x 0. W,o :D W WZ - zZ.w 4 Itd rA Jo gQZ 0 P� `t — 7 QZw0 W l''T O(5 Io W "of lm m m5 go `-o.-to N ,o y LL m� ,. �a ®� Ll N{ �`' `\ 0 Z�m Q= a U 9ff4 Q- w m} Q w k1m `i'n ;, 11 Z `'\ o SOrrwo /y Z Cl. ox0 �w U.Q °� l')iuU ua °- Wzw�rn 'rte✓° pj9 �~ ¢crn woo cxiw �w v W3 w c .L6'896Z .90.£Eo00N w o< d7 C a ❑ U 11 ❑w m K 1 N Ow° w~w0 Or- 6i i, ENO w N � a i �rM j mmm o i O °-O m.D Q�ui� ®zZr2N o 6or� a n - cr -m�v F a � C9 JIJ t ®.z- Z W W m rc F az a�Z 2�ow 2 ..�_�`� �� mro 0 Ua(4 rn=&r=ii EXHIBIT B "- AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 10, 2013 Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: August 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 Light Industrial to Commercial by Stuart Spigel Property Address: 2301 Agnes Street CAPTION: Case No. 0813-01 Stuart Spigel: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property is described as Lots 1-24, Block 8, Patrick-Webb Addition, located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets. PURPOSE: The purpose of this item is to allow commercial and public uses in an existing shopping center. RECOMMENDATION: Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, Stuart Spigel is requesting a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District in order to allow commercial and public uses that are not allowed in the "IL" District. The owner is interested in increasing the range of commercial uses allowed in his shopping center. The uses that currently occupy the shopping center are allowed in both the "IL" and "CG-2" Districts. A rezoning to the "CG-2" District would allow a broader range of commercial and other compatible uses on the subject property. The proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. The subject property has direct access to an arterial street without having to traverse through the surrounding residential areas. 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 City's Comprehensive Plans and Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 i a .x z � f(�7 ✓ r ,m r � e ✓a}�=5sr� -� 1.�L ss a } k , 9 _ zap 's . van Im Ohl offimmm PC s 2 �n 5^ppx w k �c HIGH L' � ����IY k9nY541r� ra�,x.'. ^2{� r y�y c„ 5 „^,tmakr'`8�i• -sea nj" .. {F,� S 1 f� �tr y s e -'7 (1 ?, EM Era MEN NMImomomm £ pai �s z 3- t MEMNON t r n a > s� s 4 w =' w ✓. 3 'll n1l a �. E s r W r e r �tST t J'' �- ` ✓�.�hers " �,�'� '„ i � - u ` Pon LiZ a 5 r r. CITY COUNCIL ZONING REPORT Case No.: 0813-01 HTE No. 13-10000025 Planning Commission Hearing Date: August 14, 2013 a Applicant/Representative: Stuart Spigel o Owner: SPS Texas Centers, Ltd. 6 am a Legal Description/Location: Lots 1-24, Block 8, Patrick-Webb E� 5 Addition, located between Agnes and Marguerite Streets and between Q°a D Twentieth and Twenty-first Streets. From: "IL" Light Industrial District To: "CG-2" General Commercial District •E n Area: 1 acre i° Q Purpose of Request: To allow commercial and public uses in an existing shopping center. Existing Zoning Existing Land Use Future Land Use District Site "IL" Light Industrial Commercial Commercial North "IL" Light Industrial Commercial Commercial & � Professional Office •� vi "RS-6" Single-Family 6 Low Density Low Density N° South & "RM-3" Multifamily 3 Residential & Vacant Residential c�a Medium Density y J East "IL" Light Industrial Commercial Residential & w Commercial "IL" Light Industrial & Medium Density West "RS-6" Single-Family 6 Commercial Residential & Commercial Area Development Plan: The subject property is located within the CL c boundaries of the Central Business Development Plan and is planned for M ° commercial uses. The proposed rezoning to the "CG-2" General Commercial a c District is consistent with the adopted Future Land Use Plan. a Map No.: 047044 Zoning Violations: None c ° Transportation and Circulation: The subject property has 300 feet of frontage along Agnes Street, which is an "A2" Secondary Arterial Divided ° street, and Marguerite Street, which is a local street. The subject property has CL approximately 145 feet of frontage along 20t" and 21St Streets, which are local streets. Zoning Report Case#0813-01 Stuart Spigel Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type Agnes St. "A2" Secondary 100' ROW 50' ROW Not O Arterial Divided 54' paved 42' paved Available Marguerite 50' ROW 50' ROW Not Q St. Local Street 28' paved 28' paved Available L Cn 20t" St. Local Street 50' ROW 60' ROW Not 28' paved 40' paved Available 21 st St. Local Street 50' ROW 60' ROW Not 28' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District to allow additional commercial and public uses to occupy the existing shopping center. Some commercial and public/civic uses such as places of worship, educational facilities, and indoor recreation uses are not allowed in the "IL" District. The owner is interested in increasing the range of commercial uses allowed in his shopping center. The uses that currently occupy the shopping center are allowed in both the "IL" and "CG-2" Districts. A rezoning to the "CG-2" District would allow a broader range of commercial and other compatible uses on the subject property. The applicant does not plan to redevelop or expand the shopping center on the property at this time. Existing Land Uses & Zoning: North of the subject property is a paint and body shop and vacant buildings zoned "IL" Light Industrial District. East of the subject property is an automotive shop and a vacant building zoned "IL" Light Industrial District. South of the subject property are single-family dwellings and vacant land zoned "RS-6" Single- Family 6 District and "RM-3" Multifamily 3 District. West of the subject property are vacant buildings zoned "IL" Light Industrial District and "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Plan's designation of the property as commercial. Plat Status: The subject property is currently platted. Zoning Report Case#0813-01 Stuart Spigel Page 3 Department Comments: • The shopping center's current tenants consist of commercial and public uses that are permitted in the "CG-2" General Commercial District. • The rezoning is consistent with the adopted Future Land Use Plan. Commercial uses are more compatible with the surrounding residential properties than light industrial uses. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. • Commercial activities that generate large volumes of traffic should have direct access to arterial streets without having to traverse through residential areas. The subject property has direct access to Agnes Street, which is an arterial street. Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Number of Notices Mailed — 34 within 200' notification area; 6 outside notification area 0 As of August 15, 2013: In Favor — 4 (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: A. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0813-01 STUART SPIGEL\Council Docs2oning Report,Stuart Spigel,2301 Agnes.docx IH 2 U#itEQf3'S"�` SUBJECT M PROPERTY 2�f I.L per p'C �*'g^ "L 8 32 '.. " 93" 420 12 2d� _. " „: 8i Nw 3 ' u5 +�5 n ea � a' cr 0 ILLh 33 M9ARCUERITE ST � M e�yy�!77 L n T 24 25 9 2 _ - �„ i 4 iw 4 S P 6 rve � •D W PJ � � h w n M 1p. R � 7 4p hr ti' vp uy MA � °,n vp. sR my pt �t M fi�rt,ppy M M MARY T M N ii W m o w a are Creared,7'2W2013 0 i 0, $ 0 Prepared Ey.JEREMYM "f `.f e [ k Deparrtm t.�Devefopnrentserwces a CASE. 0813-01 CHANNEL ZONING & NOTICE AREA i RM-1 Multifamily 4 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial A0 RM-3 Multifamily 3 Put} Planned unit Deu Overlay CAN professional Office R$-10 Single-Family70 RM-AT Multifamily AT —LEOPARD-, SUBJECT f CN-f Neighborhood Commercial RS-6 Single-Family 6 PROPERTY' �: m g RS-0.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family t CR-1 ResortCommwclal RS-15 Single-Family 15 cNas- CR-2 Re so RE Residential Estate rt Commercial CG-f General Commercial RS-TH Townhouse a y CG-2 General Commercial $P Special Permit Cl intensive Commercial Ny Recreational Vehicle Park - �-- -�-- CBD Clowntown Commercial RMH Manufactured Home CR-3 Resort Commercial - .,.. FR Farm Rural /� a# - H Historic 0 Flay SP Business Park ,�w''�e�rwr.+r' FINS b)ec,F3 apN.riy Ouirrcrs "� ! C y( �`� F City o � rrt 2ac-,zuner ,z!rsvtu ,�+���s l�.�^�^!a� es'a—�• �`' C+t7]p1tS C7 raet s voMfP,200'fsled 09 V ©avers i�LJ CA I fY A� �```�.. �l, Christi ar:TV tacit PV _'hip to the A fi ouUo.$)tb! EXHIBIT A Ordinance amending the Unified Development Code ("UDC"), upon application by Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1-24, Block 8, Patrick-Webb Addition, from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("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, August 14, 2013, during a meeting of the Planning Commission, and on Tuesday, September 10, 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 Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1-24, Block 8, Patrick-Webb Addition (the "Property"), located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets, from the "IL" Light Industrial District to the "CG-2" General Commercial District (Zoning Map No. 047044), 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 Ordinance, Stuart Spigel, 2301 Agnes Page 2 of 2 t f — MED0� � ' s [[ r SUBJEC I PROPERTY � f � I L AGNES ST UERITE ST__. � ? S ii .__ ` " --4r 1. _• ice„" i > fi tn s r : r �r � �.ri 3 �rc x a � F z ,I �, �� �. �� �.� � � P� S -�4 s MARY ST CASE: w .. .. SUBJECT PROPERTY WITH ZONING E3Propony M.r �roH �vyotir�maa� rai�1 * ` R' 3 �d4u741dainy S PUD plannod,4rnm v*v,owcr4ay 04, t 6 Chi-b a eighWE'lc ca Commonlop RS4-5 Sleigh-FamffC 4.'5 1 RR-I Re,1011 Ca mmert4 i �,. Cdr•+ Relwol Commem-Iml At 4}v*W;vn6,,A Eomm CG_4 +�*noW Cam merrial CG.2 General Comm, KIM FN C!Rfl �sv.�aYA F� aa,rims rt4€u4 Ro0e4TiahW le hbclo ErYi`i i. Mk4 '�a4rrzcl: cs H�Sra ,t r. _ CR-° RRwar6 Commorc4sa R'�rt�levr�rl "'•Ctty of ch :OcAtl(51V MAP, EXHIBIT A U� p 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of August 27, 2013 Second Reading Ordinance for the City Council Meeting of September 10, 2013 DATE: August 1, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning and Environmental Services Department PeteAn@cctexas.com (361) 826-3781 Rezoning from Light Industrial to Industrial Compatible by City of Corpus Christi for properties near Cabaniss Field Property Location: Brezina Road between Weber and Bratton Roads CAPTION: Case No. 0713-01 City of Corpus Christi: A change of zoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District, not resulting in a change to the Future Land Use Plan. The property is described as being a 1.205-acre tract of land out of Lot 4-A, Block 1, and all of Lots 4-13 and 4-C, Block 2, Brezina Farm Tracts, located along Brezina Road, approximately 1,350 feet south of Bratton Road. PURPOSE: The purpose of this item is to rezone the subject properties to a zoning district that is compatible with Navy flight patterns and consistent with the City's Comprehensive Plan. RECOMMENDATION: Planning Commission and Staff Recommendation (July 31, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the City of Corpus Christi is proposing a rezoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District. The "IC" District was created for use where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of people should be avoided. The current "IL" District allows certain uses that are likely to congregate large groups of people or which could present a greater hazard in an Accident Potential Zone. Some of the uses in the Light Industrial District which are not allowed in the "IC" Industrial Compatible District include: auditoriums, detention facilities, cafeterias, medial facilities, vocational trade or business schools, above ground fuel tanks. This rezoning will create greater compatibility and protect public health and safety under Navy flight patterns. The property requested for rezoning is under an Accident Potential Zone 1 (APZ-1) as defined in the Navy's 2009 Air Installation Compatible Use Zone Study. The study recommends residential uses or uses that could congregate large groups of people to be prohibited under Accident Potential Zone 1. Prior to the Navy's 2009 AICUZ Study, the subject property was not designated as an Accident Potential Zone. As a follow up to the 2009 Navy AICUZ Study, the City conducted a Joint Land Use Study (JLUS). The JLUS Study recommendation LU-313 recommends that the City rezoning undeveloped property around Cabaniss Field to ensure compatibility of new development. Rezoning the property to the IC District will help to prevent incompatible uses under the Cabaniss Field Runway 31 flight pattern. The subject property is currently developed with two uses that are allowed in the "IC" Industrial Compatible District. A recent national assessment of land use compatibility was conducted at all Navy installations. While the assessment was not made available to the public, DOD personnel familiar with the study indicated that NASCC has a comparatively large number of incompatible structures under Navy flight patterns. Rezoning to the "IC" Industrial Compatible District will help to protect public health, safety and welfare by preventing new uses that are not compatible with Navy use guidelines. 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, which slates the properties for a light industrial use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, Development Services, 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: PowerPoint Zoning Report with Attachments Ordinance with Exhibits ' III (fill U n� �g I t t a h e li.k �xs z 3 e' d► e %a r s n u,, ®v �4 E; U , rr r CITY COUNCIL ZONING REPORT Case No.: 0713-01 HTE No. 13-10000026 Planning Commission Hearing Date: July 31, 2013 Applicant: City of Corpus Christi _ •o Owners: James R. Byrn (Lots 4C and 4B) & Hilbur Mason (Lot 4A) a�a Legal Description/Location: Being a 1.205-acre tract of land out of 'Q_ '0 Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm a otf o Tracts, as shown on the map provided, located along Brezina Road, approximately 1,400 feet south of Bratton Road. From: "IL" Light Industrial District y To: "IC" Industrial Compatible District Q Area: 3.28 io C Purpose of Request: To rezone property to a zoning district that is compatible with Navy flight patterns and consistent with the City's Com rehensive Plan. Existing Zoning Existing Land Use Future Land Use District M Site "IL" Light Industrial Light Industrial Uses Light Industrial y & Vacant Light Industrial and '- ? North RS-6 Single-Family 6 Vacant Uses Light Industrial N Public/Semi-Public Light Industrial & J South "RS-6" Single-Family 6 & Estate Residential Public/Semi-Public • East "RS-6" Single-Family 6 Vacant Light Industrial W West "FR" Farm Rural Public/Semi-Public Public/Semi-Public Area Development Plan: The subject properties are located within the cL c boundaries of the Southside Area Development Plan (ADP) and are planned • for light industrial uses. The proposed change of zoning to the "IC" Industrial a c Compatible District is consistent with the adopted Future Land Use Plan. a Map No.: 047034 Zoning Violations: None c 0 M Transportation and Circulation: The subject properties have 170 feet of r_ frontage along the east side of Brezina Road and approximately 186 feet of 0 CL frontage along the west side of Brezina Road, which is a "Cl" Minor 0 c Residential Collector street. M L Zoning Report Case#0713-01 City of Corpus Christi Page 2 Urban Proposed Existing Traffic p Street Transportation Section Section Volume d Plan Type Q L "Cl" Residential 60' ROW 60' ROW Not Brezina Rd. Collector 40' paved 14' paved Available Staff Summary: Requested Zoning: The requested rezoning is from the "IL" Light Industrial District to the "IC" Industrial Compatible District. The "IC" District was created for use where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of people should be avoided. The current "IL" District allows certain uses that are likely to congregate large groups of people or which could present a greater hazard in an Accident Potential Zone. Some of the uses in the Light Industrial District which are not allowed in the "IC" Industrial Compatible District include: auditoriums, detention facilities, cafeterias, medial facilities, vocational trade or business schools, above ground fuel tanks. Air Installation Compatible Use Zone (AICUZ): This rezoning will create greater compatibility and protect public health and safety under Navy flight patterns. The property requested for rezoning is under an Accident Potential Zone 1 (APZ-1) as defined in the Navy's 2009 Air Installation Compatible Use Zone Study. The study recommends residential uses or uses that could congregate large groups of people to be prohibited under Accident Potential Zone 1. Prior to the Navy's 2009 AICUZ Study, the subject property was not designated as an Accident Potential Zone. As a follow up to the 2009 Navy AICUZ Study, the City conducted a Joint Land Use Study. The JLUS Policy Committee, on May 9, 2013, formerly accepted the study as part of the Department of Defense Office of Economic Adjustment grant. The JLUS Policy Committee was composed of the Mayor, one City Councilperson, the County Judge, Vice President of TXA&M CC, and two Planning Commissioners. JLUS Study recommendation LU-3B recommends that the City rezoning undeveloped property around Cabaniss Field to ensure compatibility of new development. Rezoning the property to the IC District will help to prevent incompatible uses under the Cabaniss Field Runway 31 flight pattern. Existing Land Uses & Zoning: Existing uses on the properties include Fast Flow Pipe and Supply Inc. and a warehouse. Both uses are allowed in the proposed "IC" Industrial Compatible District. Fast Flow Pipe & Supply, located on the west side of Brezina Road includes two buildings and a storage yard. On the east side of Brezina Road, the property consists of one storage building and undeveloped land. Zoning Report Case#0713-01 City of Corpus Christi Page 3 North of the subject properties are light industrial uses and vacant land zoned "RS-6" Single-Family 6 District. South and east of the subject properties is vacant land and a single family residence zoned "RS-6" Single-Family 6 District. West of the subject properties is Cabaniss Field zoned "FR" Farm Rural District. The subject property was originally zoned for single family uses by the City when the property was annexed on April 11, 1989. Subsequently, the property owners requested rezoning to the Light Industrial District on January 13, 2004. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject properties are located within the boundaries of the Southside Area Development Plan and the rezoning is consistent with the adopted Future Land Use Plan, which designates the properties for a light industrial uses. Property Owner Outreach: • Both property owners are in agreement with the rezoning to the "IL" Industrial Compatible District. • The property owners were also invited to the JLUS public workshops held in October 2012 and March 2013. Aggregate attendance at these two meetings was approximately 225 citizens. Department Comments: • The purpose of the Cabaniss Field airport is to provide training to student pilots on the twin engine T-44 aircraft. • The subject property is partially developed with two "IC" Industrial Compatible District uses. • Aircraft accidents are very rare, but if there is an accident the Navy has determined the AICUZs as the most likely locations. • City action to disregard Navy guidelines could contribute to a realignment or closure of NASCC if the Navy cannot continue to safely conduct their mission at NASCC and Cabaniss Field. • A recent national assessment of land use compatibility was conducted at all Navy installations. While the assessment was not made available to the public, DOD personnel familiar with the study indicated that NASCC has a comparatively large number of incompatible structures under Navy flight patterns. • Rezoning to the "IC" Industrial Compatible District will help to protect public health, safety and welfare by preventing new uses that are not compatible with Navy use guidelines. Planning Commission and Staff Recommendation (July 31, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District. Zoning Report Case#0713-01 City of Corpus Christi Page 4 Number of Notices Mailed — 4 within 200' notification area; 2 outside notification c area c>s As of August 1 , 2013: c In Favor — 0 (inside notification area); 0 (outside notification area) Z In Opposition — 0 (inside notification area); 0 (outside notification area) For 0% in opposition within 200 feet and a For 0% of the area being rezoned in opposition. Attachments: 1. Location Map (Aerial) 2. Air Installation Compatible Use Zones and In Favor and Opposed map 3. Existing Land Use map 4. Future Land use map K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0713-01 City of CC(3.36 ac)\CC docs\0713-01 Report for CC,City of CC.docx } 1' fir? J rr r + r r ZS� r f ir3 t� r CASE: 0713mr0l 013 AERIAL WITH SUBJECT PROPERTY klpo Subjoa R Y w El Fropany SUBJECT PROPERTY RWI MAMAmflyr ti. Lnghr,IndwAn F RM-3 MwItnmilyf 3 VljD pe'ianned unm frets`,-o'soala' iDM arrve R�=1g agl�-F€�lry 9� .,�.,.. a RM-AT MuMll am3lyrl _ I [�+I�-�zrtly* .w,�..�.x� 0, Cht-� Neighbwhend tamtnucre & RS4F TWo,-:'Fam31'jr R-9 Reaa0 aNrtr+aeG":lal R.&AS Single-F;j,.mlr 15 CRa2 Ra rl Cobh ruoroM RE Raordemlat Emalk -- Cs6Y ®"ral Cdon(Mare lal R's-IM To€^aO&ur.;e rk co-2 enreral Commercial gp 5peclal F ermll N", Cl trrrtnal+re Commercial RV Reereanm- ,aP,*02tudo Park .... s COD Downtown Cwmepclaf RMH Manwactuped tine r- (M-3 Fteaar9 Contmerd:lul FR farm Pural Ft €°stork 0-rertay .. Up fluslingo'g Park ON MA Christi PRO t yr l °v �� x r f' o P r � ,1 CASE: 0713-0 AIR INSTALLA71ON COMPATIBLE USE ZONE Runway , , clear zone Accident Potent t Zone I Accident Potential Zone 0 Owners in Favor Owners X , In opposition --------------------------------------- ---- ---- ---- 4 AG LDR FR RS - 6 AG „ a r sr`r Ff�f`r'rr l l c M� sy.,r f 9(�l�,i,�/r'':f�lif('✓S rlir ,ry f rr'lr IS r1�rl fY(1L ?r.j , VAC AG DR ER 7 VAC VAC O2 h Date Created:7/11/2013 400 0 80 Prepared By:jeremym Feet Department of Development Services CASE: 0713-01 / HO. 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Agricultural/Rural-AR = Tourist-TOR ER Estate Residential-ER Research/Business Park-RBP f SQRgr �� LDR Low Density Res.-LDR r Light Industrial-LI %r Y Y PROPERTY SUB CT lgtif� Med Density Res.-MDR 1tl�i Heavy Industrial-HI s, High Density Res.-HDR Public Semi-Public-PSP _—_—7 f __ FM Mobile Home-MH Park vac 1 Vacant-VAC FDC-1 Drainage Corridor-DC Po Professional Office-PO Dredge Placement-DP Commercial-COM Q Water Cp:[ Conservation/Preservation-CP Transportation Plan � Existing Proposed �t Expressways Emmmme Arterials ®®®®E �1 Collectors ®®®®= Map Scale: 1:2,400 s City Of Parkway Corpus Railroad LOCATION MAP Christi �+�+� �� Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, from the "IL" Light Industrial District to the "IC" Industrial Compatible 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, July 31, 2013, during a meeting of the Planning Commission, and on Tuesday, August 27, 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, Texas ("City"), the Unified Development Code ("UDC") of the City, is amended by changing the zoning on a 1.205- acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts (the "Property"), located along Brezina Road, approximately 1 ,400 feet south of Bratton Road, from the "IL" Light Industrial District to the "IC" Industrial Compatible District (Zoning Map No. 047034), 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 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 as required by the City Charter of the City. 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 0713-01 Ordinance,City of CC SUBJECT PROPERTY a FR RS - 6 El a /2 a �o ti a Date Created:611412013 0 400 0 80 Prepared By:jeremym Feet Department of Development Services CASE: 0713-01 SUBJECT PROPERTY WITH ZONING H� ® Subject P y e Pro ert / PROPERTY RM-1 Multifamily 1 IL Light Industrial - RM-2 Multifamily 2 IH Heavy Industrial ----- --7 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 F.M-4 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial Sp Special Permit / CI Intensive Commercial RV Recreational Vehicle Park N \. CBD Downtown Commercial p RMH Manufactured Home W \ E � CR-3 Resort Commercial �\ FR Farm Rural City Of H Historic Overlay S ± CO US BP Business Park LOCATION MAP Christi EXHIBIT A 0 AGENDA MEMORANDUM First reading for the City Council Meeting of August 27, 2013 ` $ Second reading for the City Council Meeting of September 10, 2013 DATE: 8/12/2013 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim Assistant City Manager FROM: Gustavo Gonzalez, P.E., Director of Water Operations Gustavogo@cctexas.com 826-1874 Amending City Code of Ordinances, Revising the City's Water Resource Management Ordinance CAPTION: Ordinance amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date; and providing for penalties. PURPOSE: The purpose of this amendment is to revise and/or edit the Water Resource Management Ordinance to make clarifications and changes. BACKGROUND AND FINDINGS: The City adopted a Drought Contingency Plan in June of 2013. The Water Department has identified several measures for revision. Each of the measures being revised (and reasons for their revisions) are listed below. • Definitions (Section (55-150 (d)) —To clarify terms in the Ordinance, a section with definitions is proposed. • Irrigation testing (Section 55-151 (2)) —This proposed section will allow for people to test irrigation systems for short periods of time outside of the permitted time of irrigation. This allows for irrigation companies and the Parks Department to make repairs to or install new systems during normal business hours. • Fountains in Stage 2 (Section 55-153 (c) (3) d) —This proposed revised section would permit the use of water for residential fountains during a Stage 2 drought. Users of commercial fountains are still required to apply for a permit to continue operation. • Foundation watering (Section 55-153 (c) (3) g) —This proposed revision would allow customers to use water to maintain the integrity of a structure on any day and time, provided they use drip irrigation or hand-held hose. This change is proposed because it aligns with measures that apply to plant irrigation. • Fountains in Stage 3 (Section 55-153 (d) (3) c) —This proposed measure is the same as the Stage 2 proposed measure except commercial fountains can only operate to maintain equipment. • Fountains in Stage 4 (Section 55-153 (e)(3) e) —This proposed measure would not allow the use of any fountain unless it is operated to maintain equipment. • Fire hydrant use (Section 55-153 (c)(3) h; Section 55-153 (e)(3) f) —The proposed changes to the Ordinance would clearly state that any use of water from a hydrant (other than fire protection and water line flushing) requires a permit and construction meter during Stages 2-4. The proposed changes would eliminate the provision to discontinue the use of fire hydrants during Stages 3 and 4. Instead, the proposed amendment would add 10% to the water rate from a construction meter during Stage 4 to encourage conservation. This revision is consistent with industrial customers during Stage 4. ALTERNATIVES: None OTHER CONSIDERATIONS: Changes to the Water Conservation Plan and Drought Contingency Plan corresponding to the Water Resource Ordinance will be made upon approval of these amendments. CONFORMITY TO CITY POLICY: Not application EMERGENCY/ NON-EMERGENCY: Non-emergency, two readings. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Although the Water Department cannot project any firm figures at this time, the main financial impact will be on Revenue. Conservation efforts will result in lower revenues; however, conservation helps to reduce future demand as the region grows. ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water Comments: Not applicable. RECOMMENDATION: The Staff recommends approval of the Water Resource Management Ordinance LIST OF SUPPORTING DOCUMENTS: Water Resource Management Ordinance I Ordinance amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date; and providing for penalties. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management is amended and replaced with the following sections to read as follows: ARTICLE XII WATER RESOURCE MANAGEMENT Sec. 55-150 Scope, purpose, authorization, and definitions (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. z (d)Definitions. The following terms used in this Article are defined as follows: (1) in this ^i4ie °, "City Manager" means the City Manager or the City Manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3) "Fountain" means an artificially created jet or stream of water, a structure, often decorative, from which a jet or stream of water issues. (4) "Industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose" means water uses that are not essential or not required for the protection of public health, safety and welfare. Sec. 55-151 Water Conservation Measures at All Times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels. (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of- repair water closets, underground leaks, defective or leaking faucets and taps. C. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. d. Use any non-recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right-of-ways. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of Irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 AM and 6:00 PM. It is still permissible to water by hand or by drip irrigation at any time of day, unless the City enters Stage 4 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant Water Saving: Commercial dining facilities must only serve water upon request. 3 Sec. 55-152 Drought Management: Drought Contingency Stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of Stages: 1. Stage 1: Mild water shortage condition 2. Stage 2: Moderate water shortage condition 3. Stage 3: Severe water shortage condition 4. Stage 4: Critical water shortage condition 5. Stage 5: Emergency water shortage condition (b) Criteria for Initiation and Termination of Drought Response Stages (1) The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified"triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is (1)the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi or(2), in the alternative for Stage 1, Lake Texana's level. (3) Whenever any of the stages listed below are triggered, the City Manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of City's legal authority, the City Manager shall require the City's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1—Mild Water Shortage Condition Requirements for initiation—The combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40%. Requirement for termination— Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50%. 4 Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (2) Stage 2—Moderate Water Shortage Condition Requirements for initiation—The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below 40 percent. Requirement for termination— Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3— Severe Water Shortage Condition Requirements for initiation—The combined storage levels declines to below 30 percent. Requirement for termination— Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4— Critical Water Shortage Condition Requirements for initiation—The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below 20 percent. Requirement for termination— Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. (5) Stage 5—Emergency Water Shortage Condition Requirements for initiation—When the City Manager, or designee, determines that a water supply emergency exists based on: • A major waterline breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination— The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. Sec. 55-153. Drought Management: Drought Best Management Practices Per Stage 5 (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the Director of Water Operations or his designee. (b) Stage 1 Response—MILD Water Shortage Conditions (1) Target: Achieve a voluntary 5%reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non-potable uses to the greatest extent possible. (3) Water Use Restrictions for Reducing Demand a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the City Manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the Plan. C. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. ( c) State 2 Response—MODERATE Water Shortage Conditions (1) Target: During Stage 2, achieve a 10%reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and b. City crews (Water and other departments)begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 2: 6 a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Drought Contingency Plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Director of Water Operations or his designee for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Water Department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days. However, washing of boats and/or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand- held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review and approval by the Director of Water Operations or his designee if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days. d. Operation of any amamental fatintain or-pond for-aesthetie or- pur-poses hibited ° ept where r° ° to stippai4 aquatie All residential fountains and indoor commercial fountains are permitted to operate. Outdoor commercial fountains can operate but must have a variance permit, obtained through the process in Section 55-155. 7 e. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. f Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. g. The use E)f water-to mai E)f building fatindations is lifnited to designated watering days and is only per-fnit4ed by use E)f hand held hase E) drir ifFigatio,,. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. h. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the Director of Water Operation or his designee and a construction meter obtained from the Utility Business Office. i. The following uses of water are defined as non-essential and are prohibited: 1) Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas, except if it is in the interest of public health and safety. 2) Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the Director of Water Operations or his designee. 3) Use of water-for-dust eantr-al withatit pefmit granted by the Dir-eetar-of Water-Operations or-his designee. (d) Stage 3 Response— SEVERE Water Shortage Conditions (1) Target: During Stage 3, achieve a 15%reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. 8 (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Director of Water Operations or his designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Water Department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. c. All residential fountains and indoor commercial fountains are permitted to operate. Outdoor commercial fountains can operate but must have a 9 variance permit, obtained through the process in Section 55-155, and shall only operate to circulate water in order to maintain equipment. (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval , as conditions warrant: under- speeial pefmit is to be diseentiatied. 1} a. For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 Response— CRITICAL Water Shortage Conditions (1) Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 55-154 for retail customers and Section 55-159 for wholesale customers. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. 10 c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source)is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only perate to circulate water in order to maintain equipment. f) The use of water for construction purposes from designated fire hydrants with a special permit will continue with a 10% surcharge added to the water rate. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 5 Response—EMERGENCY Water Shortage Conditions (1) Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager's direction, will cease pumping from the Nueces River and will contact 11 the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4)During Stage 5, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. Sec. 55-154. Surcharges for Drought Stages 3, 4— 5 and Service Measures (a) General 12 (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With City Council approval, the City Manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 Emergency Water Shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Director of Water Operations or his designee on grounds of unnecessary hardship through the process outlined in Section 55-155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the Water Department as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon monthly consumption trigger point, with City Council approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c)Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared,property managers of multi-tenant units shall notify the City Director of Water Operations of number of residential units in their facility for determination of allocations. Until so notified,the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 13 ?, When consumption for the month is less than or equal to 3,000 gallons times the number of residential units,there will be no surcharge. , With City Council approval,when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100%of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer (1) A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. (2)Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, 1. if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or 2. if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing_ 14 (1) A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 15 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f9 Commercial, institutional, and industrial customers shall pay the followiLig drought surchar (1) Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. (2) Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: 16 a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water(which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City)to the extent reasonable and practical under the circumstances. (h) Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of$50. (6) For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. (7) If water service is disconnected a third time for such customer, water service (8) shall not be restored until the City re-enters a level of water conservation less than Stage 3.For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (9) For nonresidential customers whose allocation is 21,000 gallons per month or more: 17 a. After the first disconnection, water service shall be restored upon request for a fee in the amount of"X" in the following formula: X= $ 50 x Customer's Allocation in gallons /20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer(for example, a major water line break)for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. Sec. 55-155. Requests for exemptions and variances. 18 (a) The Director of Water Operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this Article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or his designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this Plan. 5. Description of the exemption or variance requested 6. Period of time for which the exemption or variance is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this Plan and the compliance date. 8. Other pertinent information; or as required on permit application ( c)No exemption nor variance shall be retroactive or otherwise justify any violation of this ordinance occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three business days of receipt of complete application. (e) The Director of Water Operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of 19 Water Operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2)feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (h) Violations of any permit condition may be enforced under Section 55-156. Sec. 55-156 Violations, penalties, and Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) 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 hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account 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 customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) 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 water superintendent is authorized to discontinue water service to the premises where such violation occurs. Sec. 55-157 Effluent distribution, permit and regulations 20 Sec. 55-158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the Agreed Order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, City shall (1) reduce targeted inflows of water to Nueces Bay to 1200 acre feet when reservoir system storage falls below forty (40) per cent of capacity, and (2) suspend targeted inflows when reservoir system storage falls below thirty (30)per cent of capacity. Sec. 55-159. Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in Section 55-152 for Stage 3 have been met, the City Manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with Texas Water Code §11.039. (1)A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2)A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for 21 which no billing history exists. (3)The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4)Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or C. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro Rata Surcharges and Enforcement (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. 2.0 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. b. 2.5 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. c. 3.0 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. d. 3.5 times the normal water charge per unit for water diversions and/or deliveries more than 15 percent above the monthly allocation. (c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. ii b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the City Manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the City Council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. C. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f Other pertinent information. (4) Variances granted by the City Council shall be subject to the following conditions, unless waived or modified by the City Council. a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. C. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the City under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. 23 Section 2. 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. This ordinance takes effect on publication. Section 3. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 4. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 24 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 IY e gal V LM O (A Lm � V 4) M 4-+ a m •— 0 r-A 4ma r11-4 4� tw u u r m u .711 U ----------- s : Q V 4� O m 4) N O �' � E o Ln ® �O U U cn t�A � O p ca � ca c O > .O O LM 0 LM • • • O N CAA � two m U V m ca b-0 m r.4 v� O N m r o L a •C LM •� +, a� a E C: O c: +, C:i }+ mi O 'm O C: E LL W •ca a- U O c: E +-+ LM •� .� E O v o I LM LM I I I I N � Mo 0 c� O C — +j s •� U m cl C: + +� CA O C: gas u 0 O — � i a� CL •� +� 0 LM m w O cn C: U N � U � w i bA !�A N f , C: U N �O E ca cn i E 0 a • •OEM 2 U LM lifflom • • • (%a a O •� cr t'r_ I Ordinance amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date; and providing for penalties. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management is amended and replaced with the following sections to read as follows: ARTICLE XII WATER RESOURCE MANAGEMENT Sec. 55-150 Scope, purpose, authorization, and definitions (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. z (d)Definitions. The following terms used in this Article are defined as follows: (1) in this ^`4'^'°1 "City Manager" means the City Manager or the City Manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3) "Fountain" means an artificially created jet or stream of water, a structure, often decorative, from which a jet or stream of water issues. (4) "Industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having .greater usability. (5) "Non-essential purpose" means water uses that are not essential or not required for the protection of public health, safety and welfare. Sec. 55-151 Water Conservation Measures at All Times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels. (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of- repair water closets, underground leaks, defective or leaking faucets and taps. C. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. d. Use any non-recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right-of-ways. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of Irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 AM and 6:00 PM. It is still permissible to water by hand or by drip irrigation at any time of day, unless the City enters Stage 4 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant Water Saving: Commercial dining facilities must only serve water upon request. 3 Sec. 55-152 Drought Management: Drought Contingency Stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of Stages: 1. Stage 1: Mild water shortage condition 2. Stage 2: Moderate water shortage condition 3. Stage 3: Severe water shortage condition 4. Stage 4: Critical water shortage condition 5. Stage 5: Emergency water shortage condition (b) Criteria for Initiation and Termination of Drought Response Stages (1) The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified"triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is (1)the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi or(2), in the alternative for Stage 1, Lake Texana's level. (3) Whenever any of the stages listed below are triggered, the City Manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of City's legal authority, the City Manager shall require the City's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1 —Mild Water Shortage Condition Requirements for initiation— The combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40%. Requirement for termination— Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50%. 4 Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (2) Stage 2—Moderate Water Shortage Condition Requirements for initiation— The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below 40 percent. Requirement for termination— Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3— Severe Water Shortage Condition Requirements for initiation— The combined storage levels declines to below 30 percent. Requirement for termination— Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4—Critical Water Shortage Condition Requirements for initiation— The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below 20 percent. Requirement for termination— Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. (5) Stage 5—Emergency Water Shortage Condition Requirements for initiation—When the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination—The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. Sec. 55-153. Drought Management: Drought Best Management Practices Per Stage 5 (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the Director of Water Operations or his designee. (b) Stage 1 Response—MILD Water Shortage Conditions (1) Target: Achieve a voluntary 5%reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non-potable uses to the greatest extent possible. (3) Water Use Restrictions for Reducing Demand a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the City Manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the Plan. C. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. ( c) State 2 Response—MODERATE Water Shortage Conditions (1) Target: During Stage 2, achieve a 10%reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and b. City crews (Water and other departments)begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 2: 6 a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Drought Contingency Plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction maybe permitted, upon review and approval by the Director of Water Operations or his designee for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Water Department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days. However, washing of boats and/or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand- held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review and approval by the Director of Water Operations or his designee if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days. d. All residential fountains and indoor commercial fountains are permitted to operate. Outdoor commercial fountains can operate but must have a variance permit, obtained through the process in Section 55-155. 7 e. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. f Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. g. The use E)f water-to mai E)f building fatindations is lifnited to designated watering days and is only pefmit4ed by use E)f hand held hase E) drip ir-r-igation. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. h. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the Director of Water Operation or his designee and a construction meter obtained from the Utility Business Office. i. The following uses of water are defined as non-essential and are prohibited: 1) Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas, except if it is in the interest of public health and safety. 2) Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the Director of Water Operations or his designee. (d) Stage 3 Response— SEVERE Water Shortage Conditions (1) Target: During Stage 3, achieve a 15%reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. 8 (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Director of Water Operations or his designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. c. All residential fountains and indoor commercial fountains are permitted to operate. Outdoor commercial fountains can operate but must have a 9 variance permit, obtained through the process in Section 55-155, and shall only operate to circulate water in order to maintain equipment. (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval , as conditions warrant: a. The, „fwater-fo- nstft etio,, r s f a designated fire hy -.,n b- a. For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 Response— CRITICAL Water Shortage Conditions (1) Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 55-154 for retail customers and Section 55-159 for wholesale customers. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. 10 c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source)is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. f) The use of water for construction purposes from designated fire hydrants with a special permit will continue with a 10% surcharge added to the water rate. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 5 Response—EMERGENCY Water Shortage Conditions (1) Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager's direction, will cease pumping from the Nueces River and will contact 11 the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4)During Stage 5, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. Sec. 55-154. Surcharges for Drought Stages 3, 4—5 and Service Measures (a) General 12 (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With City Council approval, the City Manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 Emergency Water Shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Director of Water Operations or his designee on grounds of unnecessary hardship through the process outlined in Section 55-155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the Water Department as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon monthly consumption trigger point, with City Council approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c)Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared,property managers of multi-tenant units shall notify the City Director of Water Operations of number of residential units in their facility for determination of allocations. Until so notified,the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 13 ?, When consumption for the month is less than or equal to 3,000 gallons times the number of residential units,there will be no surcharge. 3. With City Council approval,when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100%of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer (1) A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. (2)Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, 1. if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or 2. if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water° or processing. 14 (1) A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 15 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f9 Commercial, institutional, and industrial customers shall pay the following drouzht surchar (1) Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. (2) Customers whose allocation is 21,000 alg lons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: 16 a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water(which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City)to the extent reasonable and practical under the circumstances. (h) For residential customers_ the following measures come into effect after City Council approves a drought rate surcharge, for non-residential customers_ these measures come into effect at Stage 4. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by 4,000 gallons or more two or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers _r.� "���`��� after the first disconnection, water service shall be restored upon request for a fee of$50. (6) For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. (7) If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 17 2� pop 1@88 than Stage n n d The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer(for example, a major water line break)for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 18 Sec. 55-155. Requests for exemptions and variances. (a) The Director of Water Operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this Article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or his designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this Plan. 5. Description of the exemption or variance requested 6. Period of time for which the exemption or variance is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this Plan and the compliance date. 8. Other pertinent information; or as required on permit application ( c)No exemption nor variance shall be retroactive or otherwise justify any violation of this ordinance occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three business days of receipt of complete application. (e) The Director of Water Operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. 19 (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of Water Operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2)feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (h) Violations of any permit condition may be enforced under Section 55-156. Sec. 55-156 Violations, penalties, and Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) 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 hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account 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 customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) 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 water superintendent is authorized to discontinue water service to the premises where such violation occurs. Sec. 55-157 Effluent distribution, permit and regulations 20 Sec. 55-158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the Agreed Order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, City shall (1) reduce targeted inflows of water to Nueces Bay to 1200 acre feet when reservoir system storage falls below forty (40) per cent of capacity, and (2) suspend targeted inflows when reservoir system storage falls below thirty (30)per cent of capacity. Sec. 55-159. Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in Section 55-152 for Stage 3 have been met, the City Manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with Texas Water Code §11.039. (1)A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2)A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for 21 which no billing history exists. (3)The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4)Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or C. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro Rata Surcharges and Enforcement (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. 2.0 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. b. 2.5 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. c. 3.0 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. d. 3.5 times the normal water charge per unit for water diversions and/or deliveries more than 15 percent above the monthly allocation. (c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. ii b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the City Manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the City Council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. C. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f Other pertinent information. (4) Variances granted by the City Council shall be subject to the following conditions, unless waived or modified by the City Council. a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. C. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the City under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. 23 Section 2. 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. This ordinance takes effect on publication. Section 3. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 4. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 24 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 G� 0 ' OflPp'RR �s AGENDA MEMORANDUM Action Item for the City Council Meeting of September 10, 2013 DATE: September 10, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Ordinance Adopting the Fiscal Year 2014 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.585264 per $100 valuation which is effectively a 10.63% increase over the effective tax rate; and declaring an emergency. PURPOSE: Chapter 26.05 of the Property Tax Code states that a governing body of a taxing unit shall adopt a property tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit. This agenda item is in compliance with the Property Tax Code and will set the tax rate at $.585264 per $100 valuation, which was the rate used to determine the ad valorem tax rate revenue included in the fiscal year 2013-2014 operating budget. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. This vote was taken on July 30, 2013. Subsequently, two public hearings were held — one on August 20, 2013, and the second on August 27, 2013. This agenda item is required to set the property tax rate for fiscal year 2013-2014. Since the property tax rate of $0.585264 per $100 valuation exceeds the effective tax rate of $0.529025, specific wording is required in the ordinance to adopt the tax rate. It should be noted that two different percentage "increases" are noted in the ordinance. The first amount listed in the caption represents the percentage change between the total proposed tax rate ($0.585264) and the total effective tax rate ($0.529025). The second amount listed in the body of the ordinance represents the percentage change in the maintenance and operations portion of the proposed tax rate ($0.376806) to the maintenance and operations portion of the effective tax rate ($0.348895). This is in compliance with the specific wording outlined in the Property Tax Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Staff is requesting an emergency reading due to the fact that Section 26.06(e) of the Property Tax Code specifies that the meeting to vote on the tax "increase" may not be earlier than the third day or later than the 14th day after the date of the second public hearing. Since the second public hearing was held on August 27th, and the 14 h day after that date is September 10th, action on this item must be taken on September 10th DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ 84,290,278 $ - $ 84,290,278 Encumbered/Expended amount of(date) - - - - This item - $ 84,290,278 $ 84,290,278 BALANCE - - $ - $ -- FUND(S): General Fund $54,880,673 Debt Service Fund $29,409,605 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance Setting a property tax rate of $0.585264 per $100 valuation which is effectively a 10.63% increase over the effective tax rate; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2013 as follows: $0.376806 for the purpose of maintenance and operation 0.208458 for payment of principal and interest on debt $0.585264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.00 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $1001000 HOME BY APPROXIMATELY $27.91 . SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2013 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.376806 on each one hundred dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2013 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of$0.208458 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2013-2014 Principal Interest & Fees Total 2004 Certificates of Obligation $320,000 $13,513 $333,513 2005 General Obligation $6,065,000 $634,928 $6,699,928 2005 Certificates of Obligation $310,000 $32,316 $342,316 2006 Certificates of Obligation $425,000 $57,153 $482,153 2007 Certificates of Obligation $112,398 $86,216 $198,614 2007 General Obligation $180,000 $136,714 $316,714 2007A General Obligation $1,355,000 $1,102,587 $2,457,587 2008 Tax Notes $1,090,000 $77,968 $1,167,968 2008 Certificates of Obligation $245,000 $50,077 $295,077 2009 General Obligation $3,370,000 $3,453,957 $6,823,957 2009 Certificates of Obligation $300,000 $310,062 $610,062 2010 General Obligation $525,000 $466,163 $991,163 2010 Certificates of Obligation $110,000 $108,684 $218,684 2012 General Obligation $500,000 $1,862,433 $2,362,433 2012 Public Property $560,000 $148,428 $708,428 Contractual Obligation 2012C General Obligation $3,300,000 $1,030,175 $4,330,175 2012D General Obligation $1,845,000 $2,584,107 $4,429,107 2013 General Obligation $1,500,000 $2,841,492 $4,341,492 2013 Tax Notes $1,160,000 $68,912 $1,228,912 Total required for 2014 debt $23,272,398 $15,065,885 $38,338,283 service Less: Amount paid from unencumbered fund balance ($2,826,357) Less: Transfers for self- ($6,662,576) supporting debt Total to be paid from taxes in $28,849,350 2014 In addition to the ad valorem tax levy for debt service totaling $29,438,112, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2013 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2014, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this day of September, 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas Day of 2013 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Nelda Martinez Colleen McIntyre Lillian Riojas Mark Scott Cyr 0 � AGENDA MEMORANDUM oPOa EO First Reading Ordinance for the City Council Meeting of September 10, 2013 1852 Second Reading Ordinance for the City Council Meeting of September 24, 2013 DATE: August 26, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsp_cctexas.com 886-2604 Accepting and appropriating the 2014 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23 and appropriating $96,397.90 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2014. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $21,641.33 for fringe benefits and $26,400 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $48,041.33 $48,041.33 Encumbered / Expended Amount This item $96,397.90 $96,397.90 BALANCE $144,439.23 1 J $144,43 9.23 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for Driving While Intoxicated (DWI) and Speed Enforcement overtime, with a city match of $48,041.33 for a total project cost of$144,439.23; and appropriating $96,397.90 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for DWI and Speed Enforcement overtime, with a city match of $48,041.33 for a total project cost of $144,439.23; SECTION 2. That $96,397.90 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI and Speed Enforcement across the City. 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 SC AGENDA MEMORANDUM RP ILL First Reading Ordinance for the City Council Meeting of Sep. 10, 2013 -185?1 Second Reading Ordinance for the City Council Meeting of Sep. 17, 2013 ------------- DATE: August 30, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $30,000 to suppo'rt the Web Based Emergency Operations Center (WebEOC). CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $30,000 for the benefit of the City's We operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $30,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the fourteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: one CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget. FINANCIAL IMPACT: Operating Expense Project to to Fiscal Year: 2013- I penditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $30,000 $30,000 BALANCE -1 — $30,000 Fund(s): Comments: one RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in t e a mount of $30,000 forte benefit of the City's We operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the o® 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Council in the amount of$30,000 for the benefit of the City's WebEOC operations. SECTION 2. That $30,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. That the foregoing ordinance was read fort e 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 V Coastal Send Regional Advisory Councill P.O. Box 18460 Corpus Christi TX 78480 August 215t, 2013 Fire i City of Corpus Christi Leopard Corpus ii TX 78408 Chief Dear , Please find enclosed check 2896 in Coastal Bend Regional Advisory Council as continued City's to i , services,. technical support and training. If you have any questions i I . Hilary Executive it ® office SC 0 o° AGENDA MEMORANDUM First Reading for the City Council Meeting of September 10, 2013 NaRaoaa Second Reading for the City Council Meeting of September 24, 2013 DATE: September 5, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Robert Rocha, Fire Chief rrocha @cctexas.com; (361) 826-3932 Approval of Construction Contract for Fire Station No. 5 Relocation Re-Bid (Bond 2008) CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer $181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. PURPOSE: To award the construction contract for the Fire Station No. 5 Relocation Re-Bid project. BACKGROUND AND FINDINGS: Project consists of the demolition of a two-story building, and the construction of a single story fire station and a separate joint use building. Site improvements consist of existing paving demolition and new concrete paving drives and parking area, limited curb and gutter reconstruction, new site utilities, off-site utility tie-ins and street work, and lawn areas. Building construction consists of tilt-up concrete wall panels, steel framed roof system, drilled pier and suspended floor system, storefront openings, drywall partitions, flooring, suspended ceiling systems, hollow metal and plastic laminate doors, millwork, and HVAC, plumbing, fire sprinkler and electrical systems. The Base Bid includes demolition of the existing two story building and construction of the new Fire Station building and separate Joint Use Facility, including new site utilities and paving. There are eleven (11) Additive Alternates ("A" through "K"). • Additive Alternate "A" consists of the Apparatus Room Fan; • Additive Alternate "B" consists of the Exterior Canopies; • Additive Alternate "C" consists of Chain Link Fencing; • Additive Alternate "D" consists of a Flag Pole and Lights; • Additive Alternate "E" consists of Paving for HAZMAT Trailer Parking; • Additive Alternate "F" consists of an Apparatus Room Metal Gear Locker System; • Additive Alternate "G" consists of Apparatus Room Painting; • Additive Alternate "H" consists of a "Solatube" Roof-Mounted Tubular Skylight System; • Additive Alternate "I" consists of providing a diamond Polished Concrete Floor Finish at the Fire Station building and Apparatus Room only; • Additive Alternate "J" consists of an SBS Modified Bitumen Membrane Roof; • Additive Alternate "K" consists of an additional Concrete Sidewalk. On July 10, 2013, the City received proposals from four (4) bidders and their bids are as follows: Additive Alternates Total Base Bid plus Contractor Base Bid (C' E F I J K) Additive Alternates (C, E, F, I, J, K) SafeNet Services, LLC. $1,712,200.00 $64,837.00 $1,777,037.00 Corpus Christi, Texas KJM Commercial $1,859,000.00 $91,542.00 $1,950,542.00 Corpus Christi, Texas TBC Commercial $1,882,000.00 $68,700.00 $1,950,700.00 Portland, Texas Barcom Commercial $2,047,000.00 $66,780.00 $2,113,780.00 Corpus Christi, Texas ALTERNATIVES: 1. Award construction contract with additive alternates as recommended. 2. Award Base Bid plus ANY or ALL combination of alternates. 3. Do not award construction contract (not recommended, Bond 2008 project). OTHER CONSIDERATIONS: Additive Alternates A, B, G and H are not recommended because of project budget constraints. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; Bond 2008; FY 2013-14 Public health & Safety Capital Improvement Program. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue XCapital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,193,800.00 $181,690.00 $2,375,490.00 Encumbered / Expended Amount 305,161.23 305,161.23 This item 1,777,037.00 1,777,037.00 Future Anticipated Expenditures 2937291.77 2937291.77 BALANCE 1,888,638.77 -1,888,638.77 0 Fund(s): Public Health & Safety Bond 2008; Corpus Christi Independent School District Contribution Comments: Funds for this project include a donation from the Corpus Christi Independent School District (CCISD) in the amount of $193,800 toward the cost of designing and constructing the new facility. In addition, for the fee of one dollar per year, CCISD will lease to the City a 0.993 acre tract of land (43,255 sq. ft) on which to construct the new facility in return for joint usage as per the approved Interlocal Cooperation Agreement (Attachment One). Additional funds for this project are coming from programmed project savings in the Bond 2008 New Fire Station in area of Holly/Saratoga and Ayers project. This savings will be accomplished though the modified design and construction of the new station. RECOMMENDATION: City Staff recommend the approval of a construction contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement with CCISD Location Map Project Budget Powerpoint Presentation Page 1 of 2 Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer $181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $181,690 in programmed project savings from the New Fire Station in area of Holly/Saratoga and Ayers to the Relocation of Fire Station No. 5 Project. SECTION 2. The City Manager or designee is authorized to execute a construction contract for the Relocation of Fire Station No. 5 for the Base Bid and Additive Alternates C, E, F, I, J and K in the amount of $1,777,037 with Safenet Services of Corpus Christi, Texas. ATTEST: THE 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 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 THE STATE OF TEXAS COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is made by and between the CITY OF CORPUS CHRISTI ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its duly authorized City Manager, and the CORPUS CHRISTI j INDEPENDENT SCHOOL DISTRICT ("District"), acting by and through its governing body, the Board of Trustees. WHEREAS,the City desires to relocate its Fire Station#5. WHEREAS, the District desires to and agrees to lease 0.993 acre tract of land (43,255 sq. ft.) of the Seven Oaks Addition to the City to build a new fire station. i WHEREAS, the City agrees to construct and designate a facility for joint use of both parties. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement and the attached Ground Lease, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow the City to build a new Fire Station #5 on the' D'istrict's real property described as 0.993 acre tract of land (43,255 sq. ft.) out of lots 1- 4, and a portion of lot 5, block 4, of the Seven Oaks Addition, and more specifically described on the attached and incorporated Exhibit "A" (hereafter referred to as the "Property"). . SECTION 2. SERVICES, OBLIGATIONS, AND RIGHTS OF THE CITY. a) Prepare bid documents, manage, and, except as specifically provided in Section 3 below, pay for (1) the construction of a new fire station building and a joint use facility on district property and (2) demolition and clean-up of all existing structures. b) Designate a portion of the facility described above (a minimum of 800 square feet, including restrooms) as a Joint Use Facility ("Facility"). The City is not responsible for furnishing and equipping the Facility, unless such furnishings and equipment are needed for the City's anticipated use. C) Maintain a schedule of availability to the Facility. The District may use the Facility for educational purposes and the City may use the Facility for City's 2011-421-ommunity purposes. City has priority use and reserves the exclusive Res. 028945 he Facility on election days and for election events, unless otherwise 02/08/11 CCISD INDEXED {i I agreed b the Parties from time to time. The District shall have priority use of the g Y P Y Facility during the District's school year, unless otherwise agreed by the Parties from time to time. Prior to each school year, the parties' designated contact persons shall meet and cooperate to establish a schedule of anticipated use of the { Facility for the upcoming school year during the District's school hours. However, such a use schedule does not modify the priority usage rights described in this paragraph or elsewhere in the Agreement. f d) Provide parking spaces for City's employees and two (2) disabled parking spaces for the Joint Use Facility. The District and its employees, teachers, students, visitors, agents, and invitees to the Facility shall use Miller High School parking lot. e) Provide typical utilities (i.e. electrical and computer outlets), telecommunication lines, and other infrastructure as required under applicable codes to the Facility, excluding specialized equipment. f) Request the removal of any District personnel, students, instructors, or visitors whose conduct or work may have a detrimental effect on safety or student learning. The City is not responsible for or in charge of supervising any District students or visitors to the Facility under any circumstances. District will provide security and/or adult supervision to the Facility during its use. g) Designate, mark and/or denote Rose and Pierpoint Streets ("Side Streets") as "Fire Lane/No Parking — Tow Away Zone". During District events held at Buccaneer Stadium, District will provide security to ensure that the side streets will be cleared and free of obstruction for passage of the City's emergency vehicles and traffic. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF THE DISTRICT. a) Provide the City with one-hundred ninety-three thousand eight hundred ($193,800.00) dollars toward costs of building/structure demolition/disposal, asbestos removal, Department of Safety and Health Services notification, air monitoring, A/E fees, project administrative costs, etc. All costs in excess of this amount for the demolition, planning, construction, or maintenance requirements under this Agreement shall be borne by the City. b) Provide adequate security and/or adult supervision of students and/or visitors to the Facility during its use. c) Provide janitorial services to the Facility after each District use. Keep Facility in good, clean and safe condition, and dispose of trash, rubbish and waste in the trash receptacle designated by the City. Keep all cords, wires, and equipment in Facility secured or taped down when and where applicable. d) Provide furniture and/or equipment, including telecommunication equipment, needed by the District at the Facility. All personal property and trade fixtures furnished by the District remain the property of the District, unless the personal property and trade fixtures are specifically donated to the City. e) Provide the City with at least five (5) business days notice prior to scheduling any educational activities at the Facility, unless the District has already reserved the Facility for particular days on the schedule provided under Section 2.c above. Activities must be confined, complied, and conformed to the District's policies. 1 f) Reimburse the City or repair any damages caused by the District's employees, agents, students, teachers, visitors, or invitees during its use of the Facility, except as may be prohibited or provided otherwise by law. g) Keep employees, teachers, students, and visitors from entering adjoining City's premises or Fire Station#5, unless for emergency purposes. h) Keep the noise level of the Facility at a reasonable level not to violate the City's noise ordinances or to disrupt Fire Station#5 daily operation. i) Allow City to use the Buccaneer Stadium parking lot, if not in use by the District, for overflow parking. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty (3 0) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices or receipts; and/or verified statement or supporting documentation). Each party which performs services under this Agreement will do so with funds available from its current revenues. SECTION 5. TERM OF AGREEMENT. For and in consideration of one dollar a year, along with the benefits of the Agreement stated herein, receipt of which is hereby acknowledged, the District hereby agrees to lease to the City the Property, for a term of fifty (50) years, according to the terms of the Ground Lease attached to this Agreement as Exhibit "B" ("Ground Lease") and incorporated fully herein. The City has the option to renew the lease for an additional term of fifty (50) years. If the City desires to exercise this option, it must notify the District in writing of its desire to extend the lease no later than one year prior to the expiration of the lease; otherwise the lease will terminate on the expiration date. The City Manager is authorized to execute any and all subsequent renewals and/or amendments to this Agreement. The Ground Lease will be irrevocable so long as the building construction by the City on the lease premises is used as a City fire station, and the District will grant the rights of ingress and egress to the lease premises. i SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interloeal Cooperation Act. This Agreement is made pursuant to Chapter s 791 of the Texas Government Code. SECTION 7. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions 1' under this Agreement, except that nothing in this Agreement shall constitute a waiver or J limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. SECTION 8. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either the City or District in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement, including Attachments, represents the entire agreement between the Parties, and supersedes any and all prior agreements between the Parties, whether written or oral, relating to the subject of this Agreement. (c) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving parry may have theretofore prescribed by notice to the sending party. C_ Ity District City Manager Superintendent City of Corpus Christi Corpus Christi ISD 1201 Leopard 801 Leopard Street Corpus Christi, Texas 78401 Corpus Christi, Texas 78403 (e) Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or District or any of its officer, agent, or employee. f (g) No Waiver of Immunity. No party hereto waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (h) Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. (i) No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. (j) Laws and Venue. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances,rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil i Procedure. i (k) Warranty. The Agreement has been officially authorized by the governing body of each party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. (1) Non-Assignment. Neither this Agreement, nor any interest therein, is assignable or transferrable, in whole or in part, directly or indirectly, without the prior consent of the City and District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. (m) Contact person: The parties have designated the following individuals as their contact person to schedule activities or use of the Facility. i .I City: District: Administrator Administrator Fire Department City of Corpus Christi Corpus Christi Independent School District An . Escobar (Date) Jo L goria ( ate) City Manager Bo d P esident�j ATTEST: ATTEST. Armando Chapa (Date) Carol Cott (Date) City Secretary Board Secretary I i APPROVED AS TO FORM: APPROVED AS TO FORM: Izo t I January 6, 2011 T. Trisha Dang (Date) Philip D. Fraissinet (Date) Assistant City Attorney Attorney For Corpus Christi TSD For City Attorney 7UTH-RILED C-0001L.. 2U/ SECRETWR I I O OZ aaub� bD D ��GZj 2hZj <m F•'tbnlZa y� DSO cch2N. DD n ;It 4- b b 0 Z (n Z OW C 0 wa mr.n z° °off m d�T,:i`Q h7 z Lo 0 n y n o s ROSE ST ; zS2U o p Loin 0 Q m Fv o o z i�ti'S6L M.OZ.04.�0N p4 -ni cn z z 0 �D Z 0 ❑ cz �m�� N z ti IOA 0 4 X z m - N01lSa{Pd dSNtiO N31+35 ORR-+ � 0 A Or�Z At I m L9 rn� o [n�mX z w a r CD -0 Z m m b U) A C m n d Nm �Z -�'i,`Oor 0 n C� 4 i Z m 39 ;D U W m N W m a�� nom r 6 � m � A m ` O ur �ZZ U� (A o IOC ^ z L4 rJ/ Zm o { y y 'v 3 2 s rn i Q 4 OOd M r a 'W U Ui. p• '�+ SOO.08'53"W 195.00' CL N j � (� 0 PIERPOINT ST ADO N � U) 71,Q Q rd D cD yl Cf) @ Lo In z nl I Ln O �iP6 Nu �1 0 zz n _ z V 0 liiiiol z FEW t b l r " A " �1 i GROUND LEASE between I CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT and CITY OF CORPUS CHRISTI dated as of February�, 2011 KID I B IT i 1 �I i TABLE OF CONTENTS 1 EXHIBITS The following exhibits are attached hereto and made a part hereof: Exhibit "A" Survey of and Legal Description of Property 1 JExhibit "1" Amortization Schedule for Improvements i I GROUND LEASE BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI AS OF 49012011 it 1 GROUND LEASE THIS GROUND LEASE ("Lease") is made and entered into as of this Q Y day of F6,3Ru*yty�2011 ("Effective Date") by and between the Corpus Christi Independent School District ("CCISD" or "DISTRICT"), a public school district organized under the Texas j Education Code and a political subdivision of the State of Texas, ("Lessor"), and the City of 1 Corpus Christi, a municipal corporation and home-rule city of State of Texas, ("Lessee"), pursuant to that certain Interlocal Cooperation Agreement dated as of Fea q , 2011 ("Interlocal !, Agreement"),to which this Lease is attached as an exhibit and incorporated fully therein. ARTICLE I J Definitions In addition to terms defined elsewhere in this Lease, the terms defined in this Article I shall, for all purposes of this Lease and the attached exhibits and all agreements supplemental hereto, have the meanings herein specified, unless provided otherwise: "Applicable Law" shall mean all federal, state, county, and city laws, ordinances, implementing regulations, executive orders, interpreting authorities, and requirements of Governmental Authorities (as hereinafter defined) governing Lessee's construction of the Improvements, use of the Property, or any of the rights and obligations under this Lease. Additionally, "Applicable Law" shall include, but not be limited to, Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act; Title IX of the Education Amendments of 1974; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Americans with Disabilities Act; The Family Educational Rights and Privacy Act of 1974; the Texas Education Code; and Chapter 61, Subchapter CC of Title 19 of the Texas Administrative Code, the Texas Local Government Code; the Texas Government Code, and the Corpus Christi Code of Ordinances. "Business Days" shall mean any day that(a) is not Saturday or Sunday; (b) is not a public holiday as defined by Chapter 662 of the Texas Local Government Code; (c) is not a day designated as a non-work day by either CCISD or the City; and (d) both CCISD and the City are open for business. "Environment" shall mean ambient air, surface water, ground water, land surface and subsurface strata. "Environmental Laws" shall mean any federal, state, or local laws, ordinances, codes, rules, regulations, judicial or administrative orders or judgments, permits, licenses, or policies directed to, governing, addressing, or imposing liability or use, storage, treatment,transportation, manufacture, refinement, handling, production, disposal, or other standards of conduct with respect to or otherwise relating to (i)protection of human health, natural resources, or the environment; or (ii) manufacturing, processing, distribution, use, treatment, storage, disposal, release or threatened release, spilling, leaking, pumping, pouring, emitting, injecting, depositing, escaping, dumping, or leaking of Hazardous Materials (as herein defined). Such laws shall include, but not be limited to, the following acts, as amended: the Comprehensive GROUND LEASE BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI AS OF e. 4 ,2011 i Environmental Response Compensation and Liability Act of 1980; the Hazardous Materials i Transportation Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Clean Water Act; the Clean Air Act;the Safe Drinking Water Act; and in the regulations adopted in publications promulgated pursuant to the foregoing acts. l� "Governmental Authority" or "Governmental Authorities" shall mean the City of Corpus a Christi, Nueces County, the State of Texas, the federal government or any other governmental entity, federal or state agency, or local political subdivision of the State of Texas that has jurisdiction and power over the Property;provided, however, that such term shall not include the Corpus Christi Independent School District. "Hazardous Materials" shall mean (a) petroleum or petroleum products, factions, derivatives or additives, natural or synthetic gas, urea formaldehyde, foam insulation, polychlorinated biphenyls, and radon gas; (b) radioactive materials, substances, and waste and radiation; (c) any flammable substances or explosives; (d) all asbestos (friable or non-friable) and lead-based paint; (e) any substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "solid waste," "toxic chemicals," "toxic pollutants," "contaminants," "pollutants," "solid waste," "hazardous wastes," "extremely hazardous substances," "restricted hazardous wastes," or words of similar import under any Environmental Law; and (f) any other substance to which exposure is prohibited, limited, or regulated under any Environmental Law. "Improvements" shall mean, collectively, all improvements, machinery, equipment, fixtures, facilities, structures and personal property of every kind and description and of a permanent nature that will be erected on the Land during the Term of this Lease by or on behalf of Lessee, including the Joint Use Facility. "Interlocal Cooperation Agreement" shall mean that agreement between the City of Corpus Christi and the Corpus Christi Independent School District dated as of ��3,q 2011 to which this Ground Lease is attached as an exhibit and incorporated therein. "Joint Use Facility" shall mean that portion of the Improvements to be constructed on the Land by Lessee that shall be available for use by Lessor for educational purposes and Lessee as described in this Lease and the Interlocal Cooperation Agreement. "Land" shall mean that 0.993 acre tract of land (43,255 sq. ft.) out of lots 1-4, and a portion of lot 5, block 4, of the Seven Oaks Addition, and more specifically described on the attached and incorporated Exhibit"A" (hereafter referred to as the "Property"). "Lease Year" shall mean each twelve (12) month period throughout the Term commencing on the first day of the first full month following the Commencement Dates (as defined herein) and expiring on the last day of the twelfth full calendar month following such date, except that the first Lease Year also includes the partial month in which the Commencement Dates occurs and the last Lease Year shall expire at midnight on the Expiration Dates(as defined herein) or earlier termination of this Lease, as the case may be. "Property" shall mean the Land and the Improvements. 1 "Release" shall be defined as it is in the Comprehensive Environmental Response, I Compensation, and Liability Act, 42 U.S.C. § 9601 (22). "Term" shall mean that period of time during which this Lease is in effect as described in Article 3.1 below, unless sooner terminated under the terms of this Lease. 1 ARTICLE II Grant, Easements, and Licenses 2.1 Grant. In consideration of the covenants and agreements herein made by the parties hereto, including, without limitation Lessee's agreement to use the Property for the purposes set forth herein and to assume the responsibilities for development as set forth herein, Lessor hereby demises and leases to Lessee and Lessee hereby leases from Lessor the Land for the Term, upon the terms and conditions herein provided. 2.2 As-Is. Lessee has made a complete inspection of the Land and agrees it will accept the Land for the purposes set forth herein "AS IS" "WITH ALL FAULTS" on the Commencement Dates without recourse to Lessor; except as otherwise set forth herein. 2.3 Joint Use Agreement. Lessor and Lessee shall have the right to access and use the Joint Use Facility under the terms of and as more particularly described in the Interlocal Cooperation Agreement. . ARTICLE III Term and Termination 3.1 Lease of Land. Subject to the terms, covenants and agreements contained herein, the term of this Lease with respect to the Land is for a period of fifty (50) years, commencing on FEaR,wog ! q, 2011 (the "Lease Commencement Date") and expiring on @EL5 2061 (the "Lease Expiration Date"), unless earlier terminated in accordance with the terms hereof. The City has an option to renew the lease for an additional term of fifty (50) years which it may exercise pursuant to the terms of the Interlocal Cooperation Agreement. 3.2 Right to Terminate. Lessor and Lessee each ,shall have the right to terminate this Lease at any time by delivering to the other party three hundred sixty-five (365) days prior written notice of the same, specifying the date on which the Lease shall terminate the Lease (the "Termination Date"); Except as set forth herein, in the event that the Lease is terminated by Lessor prior to 6 t 2061, Lessor shall pay Lessee for the unamortized costs paid by Lessee to construct the Improvements, including the Joint Use Facility, as set forth in an Amortization Schedule that will be provided by the City at the completion of the construction of the Improvements and which will become part of this Lease as Exhibit 1. The foregoing obligation to pay for the applicable unamortized costs of the Improvements does not apply in the event that the Lease is terminated by the Lessee for a reason other than default or breach by Lessor or if Lessor terminates the Lease because of default or breach by Lessee as set forth in Article 11. On the Termination Date, this Lease automatically shall terminate, all of the terms, covenants, and conditions of this Lease thereafter shall be null and void and of no further force and effect, and neither party shall have any further obligation or liability to the other under this Lease, except for a the payment of the applicable unamortized costs as required under this Section 3.3 in the event of termination by Lessor for a reason other than default or breach of Lessee or in the event of termination by Lessee for default or breach of Lessor. During the Term, the parties agree that the Lease will be amended to incorporate adjustments to the applicable amortization schedule for the Improvements made necessary by the actual and direct costs expended by Lessee for capital improvements to the Improvements such as replacement of roofing, HVAC equipment, and other mechanical systems. 3.3 Surrender of Property. Upon the expiration or earlier termination of this Lease, Lessee shall surrender the Property and title and ownership of all Improvements, excluding removable fixtures,personal property, equipment, and/or machinery,to Lessor. I ARTICLE IV Use�Maintenance, Re�ulations�Liens, Operating Costs, and Alterations 4.1 Lessee's Use of Property- Fire Station. (a) Lessee's Use of Property. Lessee may use the Property only for the operation of a Fire Station for the City of Corpus Christi or similar function and related uses associated with such a function, or in the event that the Property is not used for a fire station or similar function through no fault of either parry or in the event that both parties agree, Lessee may use the Property for any other municipal or educational purposes in partnership with Lessor that provides a mutual benefit to both Lessor and Lessee. Lessee will not use or permit use of the Property for any other purpose without the prior written consent of Lessor. Lessee shall not engage in or permit any act or omission in or about the Property that is in violation of Applicable Law. Additionally, other than in connection with the aforementioned permitted uses, Lessee shall not do or permit to be done anything that may invalidate or increase the cost of any insurance policy covering the Land. (b) Lessor and Lessee's Use of Propert y. Lessor and Lessee's use of the Property shall be as described in the Interlocal Cooperation Agreement under Sections 2 and 3. 4.2 Maintenance. Except as may be otherwise specifically set forth in this Lease with respect to the obligations of Lessor, Lessee shall, at all times during the Lease Term, at its sole cost and expense, except for damages caused by Lessor, keep and maintain the Property, the Improvements, landscaping and lawn care, and supplemental heating and air conditioning systems serving the Improvements (including all plumbing connected to said facilities or systems installed therein) in good order and repair and in a clean and neat condition. Lessee shall be responsible for and pay for the cost of any repairs, except for damages caused by Lessor, to the Property made necessary by Lessee's use of the Property. In the event that Lessee fails to maintain and repair the Property in accordance with this Section 4.2(a) and has failed to remedy or commence the remedy and diligently pursue the cure thereof such non-performance within thirty (30) Business Days after receipt of written notice from Lessor, Lessor, at its option, may I 1 make such repairs or replacements, and Lessee, upon demand, shall pay Lessor for the cost thereof. At no time during the Term, except when the damages are caused by Lessor, will Lessor, through exercise of any right or privilege of this Lease, be deemed responsible to Lessee or any third party for the maintenance and/or condition of the Property. Lessor may, at its sole costs and expense, review and/or inspect the maintenance records of the last five (5) years of the lease Term prior to the surrender of the Property. 4.3 Operating Costs. In addition to any other costs for which Lessee is specifically required to pay or is responsible under this Lease, Lessee shall be responsible for and shall pay all Operating Costs connected to or related to the Property that accrue during the Term. For purposes of this Lease, the term "Operating Costs" shall include, without limitation, the following: (a) refuse removal, waste disposal,janitorial services, and/or any other related service used by Lessee and Lessor shall be responsible for its own janitorial services and/or any other related services during its use of the Joint Use Facility; 1 b cost of utilities (including taxes and other charges incurred in connection � ) ( g g therewith from which Lessee or Lessor is not exempted by any Governmental Authority) provided to the Land. or Improvements; (c) fuel, supplies, equipment,tools,materials, service contracts; (d) gardening and landscaping costs; and (e) costs incurred because of a violation of Applicable Law by Lessee. 4.4 Apblicable Law. (a) Throughout the Term, Lessee and Lessor each shall comply with all Applicable Law including Environmental Laws. (b) Upon prior written notice to Lessor, Lessee shall have the right to contest the validity or application of any Applicable Law or Environmental Laws, by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee. 4.5 Liens Arising? Through Lessee. Lessee will not permit the Land to become subject to any lien in connection with its use of the Land or construction of the Improvements. - Notwithstanding the foregoing, in the event any lien shall be filed against the Land based upon any action or inaction of Lessee, Lessee shall promptly take such action as will remove or satisfy the lien;provided, however, that Lessee, at its sole cost and expense, may contest the validity or amount of any such lien, and,pending the determination of such contest, postpone the removal or satisfaction thereof, except that Lessee shall not postpone such removal or satisfaction so long as to permit or cause any loss of title to all or any part of the Land or its appurtenances. 4.6 Liens Arising ThrouyJ,1 Lessor. In the event any lien shall be filed against the Property based upon any action or inaction of Lessor, Lessor shall promptly take such action as will remove or satisfy the lien;provided, however, that with respect to a lien affecting the Land, { 3 JI 1 { Lessor may contest the validity or amount of any such lien, and, pending the determination of such contest, postpone the removal or satisfaction thereof, except that Lessor shall not postpone such removal or satisfaction so long as to permit or cause any loss of title to all or any part of the Property. 4.7 Alterations. After the completion of the construction of the Improvements, Lessee shall have the right from time to time to make, or cause to be made, at its sole cost and expense, improvements, additions, alterations, and changes (collectively "Alterations") in or to the Land it deems necessary or desirable to carry out any activity or use permitted by Section 4.1, including any alteration, demolition, or removal of existing Improvements or items of personal property on the Land; provided however, that any such Alterations comply with Applicable Law. All such alterations shall be performed in accordance with Sections 4.4(a), 5.1(h) and 5.1(i) of this Lease. ARTICLE V Improvements I 5.1 Construction of Improvements. (a) Lessee, at its sole cost and expense, shall construct the Improvements, as provided in this Article V. (b) The Improvements shall include a Joint Use Facility that will contain, at a minimum, 800 square feet of building space that will be sufficient for Lessor's educational purposes. Lessee shall consult Lessor regarding the design and construction of the Joint Use Facility, and Lessor shall designate and provide, within three (3) days, Lessee with a contact person and information who will review the design and construction of the Joint Use Facility. (c) Lessee agrees to design Improvements, which shall include all drawings and other documents for the development of the Property, construction of the Improvements, I construction of the infrastructure necessary to serve the Property, and all signage documents (collectively, the "Construction Documents"),to be in compliance with Applicable Laws. (d) Lessee shall promptly submit proposed Construction Documents of the Joint Use Facility to Lessor for review to ensure compliance with the Applicable Laws, including the Education Code and related regulations, and consistency with Lessor's anticipated use of the Joint Use Facility. (e) Lessor shall promptly review the Construction Documents to ensure compliance with Applicable Law and consistency with Lessor's anticipated use of the Joint Use Facility and inform Lessee in writing of its objections, if any, to the Construction Documents for the failure of such Construction Documents to comply with Applicable Law or Lessor's anticipated use of the Joint Use Facility, and Lessee will revise the said Construction Documents and deliver a corrected version to Lessor for approval within a reasonable period of time, after Lessee receives Lessor's notice of disapproval and objections. Lessor shall bear the costs and expenses for any modifications and/or revisions it requests to be made to the Construction Documents except for those changes which are necessary for the design to comply with i I Applicable Laws, including the Education Code and related regulations, as well as the requirements of this Lease or the Interlocal Agreement. Failure of Lessor to respond to Lessee q �' p within ten (10) Business Days shall be deemed to be Lessor's approval of said submittal. Any deviations from or modifications to the Construction Documents after such Construction Documents have been approved by Lessor must be first reviewed and approved by Lessor for conformance to the above prior to issuance or construction according to the deviations or modifications. (f) Lessee may submit Lessee's site-related drawings for obtaining Permits, as hereinafter defined, to the appropriate Governmental Authority as needed to meet Lessee's ' schedule. However, if the documents submitted for Permits have not been approved by Lessor _ and/or are not in compliance with Applicable Law, Lessee will submit drawings for Permit modifications to bring them into compliance with the Architectural Standards before construction. (g) The final Site Plan shall comply with Applicable Law. Lessee shall construct, at its sole cost and expense, all necessary infrastructure to operate the Improvements, including, but not limited to, connections, extensions and other facilities to the point of distribution to the Property or adjoining public streets or easements to bring sufficient public water supply, storm sewer, sanitary sewer, gas service, telephone, electric power required, and as may be required by this Lease and Applicable Law for Lessee's use of the Property. (h) Upon receipt of Lessor's approval of the Construction Documents, and upon receipt of all applicable Permits (as hereinafter defined), Lessee shall construct the Improvements and the infrastructure related thereto in conformance with (i)the approved Construction Documents; (ii) certain standards to be used in construction of Improvements on the Properly and any related 'infrastructure, as required by Section 12.1; (iii) all Applicable Law; and (iv) any other requirements set forth in this Article V or in this Lease. (i) Prior to commencing construction of the Improvements, Lessee shall, at Lessee's sole cost and expense, obtain all construction permits, licenses and regulatory approvals (the "Permits") required by Applicable Law for the construction, maintenance, occupancy, and operation of the Property. (j) Lessee shall provide one copy, either electronic or paper, of as-built drawings to Lessor within a reasonable time after the final completion of the construction of the Improvements. 5.2 Construction of Driveway (a) Lessee, at its sole cost and expense, shall construct necessary driveways ("Driveways")to provide ingress and egress to the Improvements. (b) Notwithstanding anything to the contrary contained in this Lease, prior to commencing construction of the Driveways, Lessee, at its sole cost and expense, shall obtain all Permits required by Applicable Law and/or any Governmental Authority for the construction of the Driveways. Prior to termination of this Lease, Lessee shall maintain the Driveways. l ( ) Lessee hereby grants,rants, establishes and creates for the benefit of the Lessor's Property and Lessor, its agents, contractors, representatives, invitees, employees, and licensees, a non-exclusive casement for the purposes of pedestrian ingress and egress over, upon, and across the Driveways for access to and use of the Joint Use Facility. 5.3 Construction and Maintenance of Drainage System. i a (a) The drainage system shall consist of the bio-retention ponds, the storm sewer pipes, and inlets required or advisable for the purpose of mitigating the effect of development and redevelopment of the Property and Lessor's Property ("Drainage System"). The Drainage System shall be located on, traverse, and serve the Property and the Lessor's Property and shall be constructed in accordance with the standards set forth in Applicable Law. (b) Lessor hereby grants to Lessee during the term of this Lease a non- exclusive license to enter upon Lessor's Property for the purpose of constructing that part of the Drainage System necessary to drain the Property. 1 (c) Lessor shall be responsible for maintaining that part of the Drainage System that serves the Property until this Lease is terminated. 5.4 Ownership of Improvements. Lessor and Lessee agree that the Improvements shall be considered the property of Lessee during the Term and, on the expiration or earlier termination of the Lease or any part of the Lease, all Improvements physically attached or affixed, to or incorporated in or made part of the Land shall become the property of Lessor. Notwithstanding the foregoing, Lessee may remove any fixtures, equipment, machinery, and/or other personal property (collectively "Removables") at the time of surrender of the Property to Lessor as long as such Removables do not damage the Improvements or the Land, unless Lessee repairs such damage. ARTICLE VI Taxes,Assessments, and Utilities 6.1 Tax-Exempt Status. Lessor and Lessee acknowledge that both parties are entitled to exemption from ad valorem taxation and that the Property will not be subject to such taxation. In the event ad valorem taxes are assessed against the Property at any time during the Term due to a change in Lessee's tax-exempt status Lessee, at its sole cost and expense, will defend against any such assessment. If such defense is unsuccessful and the Property is subjected to ad valorem tax liability, Lessee shall pay for any ad valorem taxes assessed against the Property. 6.2 Utilities. Lessee, at its sole cost and expense, including without limitation any impact or other fees related to the Utilities (as hereinafter defined), shall cause to be installed and maintained within the Property all facilities necessary to supply to the Land and Improvements, including, but not limited to, all water, storm sewer and drainage facilities (in accordance with the terms of this Lease and Applicable Law, sanitary sewer, gas, electricity, telephone, and other utility facilities required in furtherance of Lessee's use of the Property ("Utilities"). Lessee shall be responsible for all costs and expenses of maintaining and servicing all Utilities, except Lessor i f shall pay for any service charges associated with phone or other telecommunication charges needed for the Joint Use Facility. ARTICLE VII Securi Lessee shall be responsible for the access control to the Property, however, Lessor shall be responsible, at its sole costs and expense, for providing security and/or and adult supervision of students and visitors, during its use of the Joint Use Facility. During its use of the Joint Use Facility and during Lessor-sponsored events at Buccaneer Stadium, Lessor shall provide security to enforce parking violations by its employees, students, and invitees on Rose and Pierpoint Streets and shall be responsible for maintaining those streets cleared and free of obstruction for passage of Lessee's emergency vehicle and traffic. ARTICLE VIII I Insurance 8.1 Lessee's Insurance. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect for the Term of the Lease the following insurance coverage: (a) special causes of loss (formerly known as "all-risk") property insurance (including coverage for fire and other casualties) on the Improvements covered in this Lease, j insuring against all perils on a replacement cost basis or with other reasonable coverage; I (b) commercial or business automobile liability coverage with limits not less than imposed by Sections 101.023 and 101.051 of the Civil Practice and Remedies Code, including coverage for owned, non-owned, and hired vehicles; (c) commercial general liability coverage in accordance with Tort Claims Act limits while joint use facility being used by Lessee; (d) workers' compensation for Lessee's employees, in the amounts and types required by Applicable Law; and (e) Notwithstanding anything to the contrary contained herein, Lessee may self-insure the obligations set forth in Sections 8.1(b), (c) and (d) above. 8.2 Insurance Companies. Each of the insurance policies required under Section 8.1(a) shall be issued by solvent insurance carriers legally licensed and authorized to do business in the State of Texas and having ratings of Best's Insurance Guide, A-/VIII or Standard &Poor Insurance Solvency Review A- or better. 8.3 Additional Requirements. The parties acknowledge that Lessee is self-insured and that, except for the property insurance required under Section 8.1(a), the levels of insurance above shall be satisfied by Lessee's self-insurance. Lessee agrees to furnish a letter confi nn.ing the City's self-insured status and a copy of the certificate for the property insurance required under Section 8.1(a), demonstrating that the foregoing insurance policies are in full force and effect and will not be cancelled without thirty (30) days prior written notice to each of such parties. Lessee will provide property insurance on the Joint Use Facility and City owned contents. 8.4 Waiver of Subrogation. With respect to the coverage described in Sections 8.1 (b), (c) and (d), and 8.7 (b), (c) and (d), whenever any loss, cost, damage or expense resulting from fire, explosion, or any other casualty or occurrence is incurred by either Lessor or Lessee, ' or anyone claiming by, through, or under Lessor or Lessee in connection with the Property; and such party is then covered, in whole or in part, by insurance with respect to such loss, cost, damage or expense, then the party so insured hereby releases the other party from any liability the other party may have on account of such loss, cost, damage, or expense, to the extent of any amount recovered by reason of such insurance, and waives any right of subrogation which j otherwise might exist in or accrue to such party on account thereof; provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof. { 8.5 Blanket Policies. Lessee may obtain the insurance policies required under Section 8.1 under a blanket or umbrella insurance policy or policies covering other properties as well as the Property; provided, however, that any such policy or policies of blanket insurance shall specify therein (or Lessee shall furnish Lessor with a written statement from the insurers under such policy or policies specifying) the amount of the total insurance allocated to the Property, which amounts shall not be less than the amounts required by Section 8.1(a) above. Except for the right of Lessee to provide coverage under a blanket or umbrella insurance policy or policies, the insurance policies required under this Article 8 must meet all other insurance requirements hereunder. 8.6 Change in Applicable Laws. In the event that any Applicable Laws are repealed, amended, or otherwise changed that would require insurance in a type or amount other than set forth herein or would operate to increase the risks of the respective parties with regard to the Property, the insurance requirements under this Article 8 will be adjusted and this Lease shall be amended to reflect the change in coverage necessitated thereby. 8.7 Lessor's Insurance. Lessor, at Lessor's sole cost and expense, shall obtain and maintain in effect for the Term of the Lease the following insurance coverage for the Joint Use Facility and District owned property: (a) special causes of loss (formerly known as "all-risk") property insurance (including coverage for fire and other casualties) on District owned contents covered in this Lease, insuring against all perils on a replacement cost basis or with other reasonable coverage; (b) commercial or business automobile liability coverage with limits not less than imposed by Sections 101.023 and 101.051 of the Civil Practice and Remedies Code, including coverage for owned, non-owned, and hired vehicles; (c) commercial general liability coverage in accordance with Tort Claims Act limits while District use the Joint Use Facility; (d) workers' compensation for Lessor's employees, in the amounts and types required by Applicable Law; and f (e) Notwithstanding anything to the contrary contained herein, Lessor may self-insure the obligations set forth in Sections 8.7(b), (c) and (d) above. 8.8 Insurance Companies. Each of the insurance policies required under Section 8.7(a) shall be issued by solvent insurance carriers legally licensed and authorized to do business in the State of Texas and having ratings of Best's Insurance Guide, A-VIII or Standard & Poor Insurance Solvency Review A- or better. ARTICLE IX Condemnation 9.1 Termination. If, at any time during the Term, title to all or substantially all of the l Property shall be taken in condemnation proceedings, such that the Property can no longer be used for its intended purpose, by any right of eminent domain or by any conveyance in lieu of or in settlement of a condemnation or eminent domain proceeding by the Governmental Authority with such jurisdiction and power over the Property ("Condemnation"), this Lease shall immediately terminate and be of no further force or effect as of the date the Property is actually physically occupied by the condemnor. Lessor shall be entitled to all proceeds from any Condemnation relating to the Land, and Lessee shall be entitled to all proceeds from any Condemnation relating to the Improvements. 9.2 Partial Condemnation. In the event of a partial Condemnation which does not terminate this Lease, this Lease ,shall continue in effect as to the remainder of the Land for the balance of the Term. Proceeds from any such partial Condemnation shall be distributed in the same manner as those for a full Condemnation. ARTICLE X Assignment 10.1 Assignment and Transfer. (a) Lessee may not assign, transfer, sell, convey, or pledge this Lease or any portion, obligation or interest herein or hereunder, or all or any portion of Lessee's leasehold estate under this Lease, or sublet all or any portion of the Property to any party without Lessor's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Lessor may not assign, transfer, sell, convey or pledge this Lease or any portion, obligation or interest herein or hereunder without Lessee's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. { ARTICLE XI Default 11.1 Lessee Event of Default. Lessee's failure to observe or perform any material provisions of this Lease for ninety(90) days after receipt of written notice specifying such failure shall constitute an event of default under this Lease ("Lessee Event of Default"); provided, however, that if Lessee has commenced to cure the same within such ninety (90) day period and thereafter shall prosecute the curing of same with reasonable diligence, then the time within which such failure may be cured shall be extended for such period as may be reasonably necessary to complete the same with reasonable diligence, but in no event more than one hundred eighty (180) days, unless a longer period is agreed to by the parties. 11.2 Lessor's Remedies for Lessee's Default. If a Lessee Event of Default shall have occurred and all cure periods shall have passed, Lessor shall have the right at its election, then or at any time thereafter so long as such Lessee Event of Default remains uncured, to either give written notice to Lessee of its election to (a) terminate this Lease on a date specified in such notice, which date shall not be less than ninety (90) days after the giving of such notice, or (b) pursue other remedies available to Lessor at law and equity. In the event Lessor chooses to terminate the Lease pursuant to subsection (a), thereafter the Lease shall terminate and the parties shall have no further rights, liabilities or obligations hereunder except as otherwise expressly provided for herein. 11.3 Lessor's Default. Lessor's failure to observe or perform any material provisions of this Lease for ninety (90) days after receipt of written notice specifying such failure shall constitute an event of default under this Lease ("Lessor Event of Default"); provided, however, that if Lessor has commenced to cure the same within such ninety (90) day period and thereafter shall prosecute the curing of same with reasonable diligence, then the time within which such failure may be cured shall be extended for such period as may be reasonably necessary to complete the same with reasonable diligence, but in no event more than one hundred eighty (18 0) days,unless a longer period is agreed to by the parties. 11.4 Lessee's Remedies for Lessor's Default. If a Lessor Event of Default shall have occurred and all cure periods shall have passed, Lessee shall have the right at its election,then or at any time thereafter so long as such Lessor Event of Default remains uncured, to give written notice to Lessor of its election to (a) terminate this Lease on a date specified in such notice, which date shall not be less than ninety (90) days after the giving of such notice, or (b) pursue other remedies available to Lessee at law and equity. In the event Lessee chooses to terminate the Lease pursuant to subsection (a), thereafter the Lease shall terminate and the parties shall have no further rights, liabilities or obligations hereunder except as otherwise expressly provided for herein. 11.5 No Waiver of Default. No waiver of any breach of any covenant or provision of this Lease shall be construed to be a waiver of any other covenant or provision. i ARTICLE XII Environmental 12.1 Hazardous Materials. (a) Lessee hereby represents to Lessor that Lessee shall not use or permit the use of any Hazardous Materials in violation of applicable Environmental Laws in the development, construction, operation, maintenance, occupancy, or use of the Property. In addition, Lessee shall not engage in any act or omission that is in violation of any Environmental Laws. Nothing in this section shall be construed to prohibit Lessee's use of any material, hazardous or otherwise, if necessary to carry out its duties and responsibilities as an emergency ? responder or as it relates to Lessee's duties and responsibilities as firefighters and public safety r officers. I (b) Lessor hereby represents to Lessee that Lessor shall not use or permit the I use of any Hazardous Materials in violation of applicable Environmental Laws in the use of the Joint Use Facility. In addition, Lessor shall not engage in any act or omission that is in violation of any Environmental Laws. 12.2 Environmental Insurance. In the event that either Lessor or Lessee elects to acquire insurance for protection against any environmental risks, the party making such election shall bear the responsibility and costs associated with acquiring such insurance. 12.3 Other Environmental Inspections and Surveys. Lessor grants Lessee the right to conduct other environmental and geophysical inspections and surveys, including such inspections that require intrusive testing on the Property, subject to the requirements under this Section 12.4. Prior to commencing such inspections and testing, Lessee shall provide notice to Lessor of the intended visit, the identity of the personnel to access the Property, and the date and time of the intended visit. During such inspections and surveys, Lessee shall ensure that activities on the Property are neat and workmanlike and that all waste materials are properly handled and disposed o£ Lessee shall be responsible for the acts of all personnel accessing the Property during such inspections and surveys and shall promptly (i) notify Lessor of and (b) repair any damages resulting from such personnel's activity on the Property. Lessee shall ensure that all of its contractors conducting inspections or surveys on the Property shall indemnify and release Lessor and its agents, employees, and officials from any and all liability, including attorney's fees, arising from property damage, personal injury, or loss of life that may occur in connection with such activities. Lessee shall provide Lessor a copy of any reports produced as a result of such environmental inspections or surveys. ARTICLE XIII Limitation of Liability and Release 13.1 Mutual Release. EXCEPT IN CONNECTION WITH THE OTHER PARTY'S FAILURE TO COMPLY WITH THIS LEASE OR APPLICABLE LAWS, LESSOR AND LESSEE HEREBY RELEASE EACH OTHER AND THEIR RESPECTIVE { REPRESENTATIVES, AGENTS, EMPLOYEES, AND OFFICIALS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY, OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES), ARISING FROM LOSS OF LIFE, PERSONAL INJURY AND/OR PROPERTY DAMAGE, CAUSED BY OR RESULTING FROM ANY ACT OR OMISSION OF THE OTHER PARTY, ITS REPRESENTATIVES, AGENTS, EMPLOYEES, AND OFFICIALS, IN CONNECTION WITH SUCH PARTY'S USE OR OCCUPANCY OF THE PROPERTY, OR RELATING TO THE ENVIRONMENTAL CONDITION OF THE LAND. THE PROVISIONS OF THIS SECTION 13.1 SHALL SURVIVE, AND SHALL CONTINUE IN FULL FORCE AND EFFECT FOLLOWING THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 13.2 Non-Waiver. j (a) LESSEE DOES NOT WAIVE OR RELINQUISH ANY IMMUNITY OR DEFENSE ON BEHALF OF ITSELF AND ITS OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF ITS EXECUTION OF THIS LEASE AND PERFORMANCE OF THE FUNCTIONS OR OBLIGATIONS DESCRIBED HEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY OFFICER,DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF LESSEE. (b) LESSOR DOES NOT WAIVE OR RELINQUISH ANY IMMUNITY OR i DEFENSE ON BEHALF OF ITSELF AND ITS TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF ITS EXECUTION OF THIS LEASE AND PERFORMANCE OF THE FUNCTIONS OR OBLIGATIONS DESCRIBED HEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY I OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE OR REPRESENTATIVE OF LESSOR. ARTICLE XIV Representations and Warranties 14.1 Lessee's Representations. As consideration to Lessor to enter into this Lease, Lessee hereby represents and warrants to Lessor that, notwithstanding anything herein to the contrary, as of the Effective Date: (a) Organization. Lessee is a home-rule city organized under the laws of the State of Texas and a political subdivision of the State of Texas, with all necessary power and authority to enter into this Lease and to consummate the transactions herein contemplated. (b) Power and Authority. The execution, delivery and performance of this Lease by Lessee are within Lessee's powers and have been duly authorized by all necessary action of Lessee. (c) No Conflict. The execution and delivery hereof and the performance by Lessee of its obligations under this Lease do not violate, conflict with or result in a breach of or constitute an event of default under, and are not inconsistent with any material terms or material i provisions of, any contract, agreement, instrument, or Applicable Laws to which Lessee is a party or is subject or any judgment, order, or decree applicable to Lessee. (d) No Consents. Upon the execution of this Lease by Lessee, Lessee will have caused all governmental proceedings required to be taken by or on behalf of Lessee to authorize Lessee to make and deliver this Lease and to perform the covenants, obligations, and agreements of Lessee hereunder. No consent, authorization, approval, order, or other action by, and no notice to or filing with, any court or Governmental Authority or regulatory body or third party is required for the execution or delivery of this Lease by Lessee or the performance by Lessee of its covenants, obligations, and agreements hereunder, other than any such approval, which already has been unconditionally given. -t (e) Valid and Binding Obligation. This Lease is the legal, valid, and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization, or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. i 3 (f) No Pendin g Litigation, Investigation or Inquiry. There is no action, proceeding, inquiry, or investigation, at law or in equity, before any court, arbitrator, governmental or other board or official, pending or, to the knowledge of Lessee, threatened against or affecting Lessee, which Lessee in good faith believes that the outcome of which would (i) materially and adversely affect the validity or enforceability of, or the authority or ability of Lessee under, this Lease to perform its obligations under this Lease, or (ii) have a material and adverse effect on the consolidated financial condition or results of operations of Lessee or on the ability of Lessee to conduct its business as presently conducted or as proposed or contemplated to be conducted. 14.2 Lessor's Representations. As consideration to Lessee to enter into this Lease, Lessor represents and warrants to Lessee that; notwithstanding anything herein to the contrary, as of the Effective Date: (a) Organization. Lessor is a public school district under the Texas Education Code and a political subdivision of the State of Texas, with all necessary power and authority to enter into this Lease and to consummate the transactions herein contemplated. (b) Power and Authority. The execution, delivery, and performance of this Lease by Lessor are within Lessor's powers and have been duly authorized by all necessary action of Lessor. (c) No Conflict. The execution and delivery hereof and the performance by Lessor of its obligations under this Lease do not violate, conflict with, or result in a breach of or constitute an event of default under, and are not inconsistent with any material terms or material provisions of, any contract, agreement, instrument, or Applicable Laws to which Lessor is a party or is subject or any judgment, order, or decree applicable to Lessor. (d) No Consents. Upon the execution of this Lease by Lessor, Lessor will have caused all governmental proceedings required to be taken by or on behalf of Lessor to i authorize Lessor to make and deliver this Lease and to perform the covenants, obligations, and agreements of Lessor hereunder. No consent, authorization, approval, order, or other action by, and no notice to or filing with, any court or Governmental Authority or regulatory body or third party is required for the execution or delivery of this Lease by Lessor or the performance by Lessor of its covenants, obligations, and agreements hereunder, other than any such approval which already has been unconditionally given. (e) Valid and Binding Obli ag tion. This Lease is the legal, valid, and binding obligation of Lessor, enforceable against Lessor in accordance with its terms, except as limited j by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization, or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. I (f) No Pending_Litigation, Investigation or Inquiry. There is no action, proceeding, inquiry or investigation, at law or in equity, before any court, arbitrator, governmental, or other board or official, pending or, to the knowledge of Lessor, threatened against or affecting Lessor, which Lessor in good faith believes that the outcome of which would (i) materially and adversely affect the validity or enforceability of, or the authority or ability of Lessor under, this Lease to perform its obligations under this Lease, or (ii) have a material and adverse effect on the consolidated financial condition or results of operations of Lessor or on the ability of Lessor to conduct its business as presently conducted or as proposed or contemplated : to be conducted. (g) Parties in Possession Liens. There are no tenants other than Lessor, there are no other parties in possession of any part of the Property and no one has any right to occupy any part of the Property. There are no liens, recorded or otherwise, which affect title to the Property. i ARTICLE XV Notices Any notice required or permitted to be given hereunder shall be in writing and shall be (i)personally delivered; (ii) deposited in the United States mail,prepaid and registered addressed to the parties to be notified with return receipt requested; (iii)transmitted by nationally- recognized courier service; or (iv)transmitted by facsimile. For purposes of notice, the addresses of the parties shall be as follows: (a) In the case of Lessor: Superintendent Corpus Christi Independent School District 801 Leopard Street Corpus Christi, Texas 78403-0110 (b) In the case of Lessee: City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 All notices and other communications shall be deemed to have been duly given on (i)the date of receipt if delivered personally; (ii) seven (7) days after the date of posting if transmitted by mail; (iii)the day after delivery to the courier if transmitted by courier; or (iv) the date of transmission with confirmation if transmitted by facsimile, whichever shall first occur. Notice in any other manner shall be effective only if and when received by the party to be notified. Any party may change its address for purposes hereof by notice to the other party in the manner prescribed herein. ARTICLE XVI Covenants Binding { The terms, covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the successors and assigns of Lessor and the successors and assigns of Lessee and shall be construed as covenants running with the land. ARTICLE XVII Memorandum of Lease Either party may prepare a Memorandum of Lease which shall be signed by Lessor and Lessee simultaneously (or at any time during the Term hereof) with the execution hereof, to be recorded pursuant to the provisions of law, which Memorandum shall set forth the Lease provisions, or the substance thereof, as either parry desires. ARTICLE XVIII Miscellaneous 18.1 No Partnerships or Joint Ventures. Nothing herein contained shall be construed to make the parties partners or joint venturers or to make Lessor liable for any obligations incurred by Lessee in the conduct of its business and no party dealing with Lessee shall be entitled to look to Lessor or to Lessor's interest in the Property for the recovery of any sum owed by Lessee or any damages for which Lessee may be liable. Nothing herein contained shall be construed to make the parties partners or joint venturers or to make Lessee liable for any obligations incurred by Lessor in the conduct of its business and no party dealing with Lessor shall be entitled to look to Lessee or to Lessee's interest in the Property for the recovery of any sum owed by Lessor or any damages for which Lessor may be liable. 18.2 Additional Documents. Each party agrees that at any time and from time to time upon the written request of the other party, it will execute, acknowledge and deliver to the other i party not later than ten (10) days after said written request such certificates or other documents as the requesting party may reasonably request in connection with this Lease. 18.3 Severability. If any term or provision of this Lease shall, to any extent, be illegal, invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be automatically as a part of this Lease, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 18.4 Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 18.5 Entire Agreement. It is expressly understood and agreed by and between the parties hereto that this Lease and the documents referred to herein set forth all of the promises, agreements, conditions, and understandings, whether written or verbal, between Lessor and Lessee relative to the subject matter contained herein and/or the Property and that there are no promises, agreements, conditions or understandings, either oral or written, between them other 1 than as herein set forth. 18.6 No Merger of Estates. The leasehold estate shall not merge with the fee estate in the event that the same person or entity acquires, owns or holds, directly or indirectly, the fee estate and the leasehold estate in the Property. 18.7 Choice of Law; Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law rules thereof which may direct the application of the laws of another jurisdiction. Venue shall be in Nueces County, Texas. 18.8 Table of Contents and Captions. The table of contents and the captions under the Article numbers of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease nor in any way affect this Lease. 18.9 Modifications. Each and every modification and amendment of this Lease shall be in writing and signed by Lessor and Lessee, and each and every waiver of, or consent to, or departure from any representation, warranty, covenant, or other term of this Lease shall be in writing and signed by the affected party thereto. [Signatures appear on the following page] IN WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the day and year first above written. City of Corpus Christi (Lessee) Corpus Christi Independent School District(Lessor) t 1 fl. Escobar (Date) .I Longor (bate) City Manager Board President ATTEST: ATTEST: ;'-/r/", Armando Chapa (Date) Carol A. cott ate) i City Secretary Board Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: January 6, 2011 T. Tri a Dang (Date) Philip D. Fraissinet (Date) Assistant City Attorney Attorney For Corpus Christi ISD For City Attorney . o2 AuTHoRlZEI) PROJECT BUDGET Fire Station No. 5 Relocation Project No. 5245 FUNDS AVAILABLE: Public Health & Safety Capital Improvement Budget (Bond 2008)........................... $ 2,000,000.00 Interlocal Agreement with CCISD..................................................................... 193,800.00 Public Health & Safety Capital Improvement Budget Reserves (Bond 2008).............. 181,690.00 TOTAL AVAILABLE:..................................................................................... $ 2,375,490.00 FUNDS REQUIRED: Construction (Safenet Services, LLC.) $ 1,777,037.00 Contingencies 10%....................................................................................... 177,703.80 Design Fees: Consultant Design (SolkaNavaTorno, LLC..)* ..................................................... $ 245,103.20 Testing Fees: Testing Agreement (Kleinfelder Central, Inc.) (Geotechnical Study)**....................... $ 24,600.00 Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min)................................. $ 39,985.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)..................................... $ 62,195.00 Finance Reimbursements............................................................................... $ 22,213.00 Misc. (Printing, Advertising, etc.)...................................................................... $ 4,440.00 Public Art (1.25% of Construction)................................................................ $ 22,213.00 TOTAL....................................................................................................... $ 2,375,490.00 Estimated Project Balance.............................................................................. $ - * Consultant Contract awarded by City Council Action on April 19, 2011. **Testing Agreement awarded administratively on June 23, 2010. \Mproject\councilexhibits\exh5245.dwg �1 IEDp MUECES l?Aj/ 4RD Up R/, EXISTING = w ER FIRE STATION h o RD o z o w 'O O Change/ w o °IH37 o z o g / � Y 6 a LEOPARD U � HWY44 AGNES oAGNE o MO G CORP1lS C AISrr = Y CORPUS CHRISTI PROPOSED 1-q° INTERNATIONAL I FIRE STATION lycGLOIN RD �� W.POINT 0 5 0`o Goll/�R gRgTGGq o S/ CAYODEL OSO Bl�D m LOCATION MAP NOT TO SCALE ft O � 7 001 < EXISTING FIRE STATION Aft, iR ETA TE "�+E a ss L0 $ yr 0" PROPOSED PROJECT SITE ✓ �` itO PA{D$7 r E r { 3 ' hk uj ut�tt / /€ // / SUISUll SUI SUI SUI r Xl/ s € ,., E :€ ✓ tryJS( / //77 / Y ?ss„�; ` r ,t+,,+tn I f '� 1€ ; f t ,✓>s L'y „ Y lr f€ / r s"✓ tX€ r,r� „ 9 VICINITY MAP PROJECT#5245 NOT TO SCALE CITY COUNCIL EXHIBIT FIRE STATION No. 5 RELOCATION CITY CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 y� s c� � O Lf) O O . 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Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3494 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance appropriating $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of $411,235.39 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. PURPOSE To appropriate funds received from developer fees and interest in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 411,235.39 411,235.39 BALANCE 411,235.39 411,235.39 Fund(s): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvements to parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment—Schedule of park development fees, fees in lieu of land, and interest earned to be appropriated. Ordinance Ordinance appropriating $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of $411,235.39 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Unified Development Code provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the subdivision; Whereas, City of Corpus Christi Unified Development Code provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. That $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of $411,235.39 is appropriated in the No. 4720 Community Enrichment Fund for park improvements and other related projects. 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 ATTACHMENT A City of Corpus Christi, Texas August 2012 -July 31, 2013 Fund: 4720-Community Enrichment Fund 4720 Total Acct# Org. Account Description Un-appropriated 330003 21300 Developer Fee- interest 122.56 330005 21300 Park trust-u n restrict interest 568.23 330395 21371 Gateway interest 6.14 330405 21357 HEB Park pool &tennis interes 1.26 330435 21502 Beautification prom. interest 6.47 330555 21507 Ed exchg prg-Sister City int. 0.44 330635 21511 Permanent art trust interest 61.83 INTEREST 766.93 330002 21300 Park Development Fee 213,000.00 330061 21336 Cole Park donation 216.00 330200 21670 Abbott 234.35 330200 21626 Hollywood Terrace, Blk2, Lt4A 240.93 330200 21617 San Cristobal @ Terra Mar 1,750.00 330200 21627 Maples Hill 4,200.00 330200 21669 Wood Oaks 7,400.00 330200 21634 Summer Wind Village 16,800.00 330200 13042 Ben Garza 37,500.00 330200 21374 Crossgate Linear 88,750.00 330215 21451 Nueces Gardens 149.30 330256 21319 Coves at Lago Vista 921.28 330352 21418 Purde Road 7,400.00 330380 21395 King's Point 23,671.60 330846 21528 Los Vientos @ Terra Mar 6,000.00 330918 21421 Royal Creek Estates 0.00 340000 21440 Park Memorials 2,235.00 CONTRIBUTION 410,468.46 TOTAL INT/CONTRB 411,235.39 se cc AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 10, 2013 k6RY Second Reading Item for the City Council Meeting of September 17, 2013 DATE: 8/21/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director Michael MoC cctexas.com 361-826-3460 Funding for the Creation of a Strike Force CAPTION: Ordinance appropriating $296,500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $2967500. PURPOSE: The Strike Force will be created to handle minor emergency maintenance items from the City Manager's Office for expedited action. Generally, these will be items where the actual work can be done in less than two days. Larger projects than this scope would be referred to the proper department. An inspection program will be created and implemented to look for these minor maintenance problems or concerns in the designated areas. The four-person team will be supervised by the Parks and Recreation Department in coordination with the City Manager's Office. BACKGROUND AND FINDINGS: A series of smaller concerns and projects have arisen that are in need of attention. These include items such as mowing, weed removal, sign repair, litter pick up and similar items. Most of these concerns are in high profile areas such as North Beach, Downtown, Bayfront, and major thoroughfares. The concentration of the Strike Force work will be on City property such as street right of ways and City facilities. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council action is required. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 296,500.00 296,500.00 Encumbered / Expended Amount This item 296,500.00 296,500.00 BALANCE 0.001 1296,500.001 Fund(s): General Fund Comments: RECOMMENDATION: Recommend approval. LIST OF SUPPORTING DOCUMENTS: Ordinance, Presentation Page 1 of 1 Ordinance appropriating $296,500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $296,500. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $296,500 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915is changed to increase appropriations by $296,500. 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 S r t� i ��'l��n.,,,, l t s! r F {; a r' V/ O v 4-J 7' 4J •� j p i All�, �, V / C a--+ 4J c/1 u 4J 3 c 4-j o v Q v 4-j O / Q / / l/ F {; a f � rt off u • ,� b1J t, / 3 T �' % ^^ 11 •rte / �L/ � O •rl O (� f �I !i /--�� fl al v � l /SF I/ ,�3 •� � v r \ I r \ O v O O l/ fry W, { 4 r y� fN Y erY, j i i h�3 t l l . // . lJ / Il i // y y• IMP N"IR z m t. r. ; i a o A I l/ W, ids 70 L Q� O N O a O O X N N U E C) o L •� Cn O (D O ol O •L �; Q L N N O Q t, vJ a O O /.. In i /�l l } l l I I l/ fs� O O O O O O Lr y 00 O �f1 N � f' rr N cn N ^ O � � U O V U i N O (t 0 V v � a ,f � � � •� W W rG v V �-4 N v bzv v O v bA 0 ri .v •C14 C14 V �' p '-' r--4 N l/ 1�5 or r 1 ; Lm FM CL !� ' U J , yj Ell r7, ar:, Sj i {G I Em® Roll,/ice Its CIO JIT ram T / j / too y ��JfJ I f ILI cu I MEN / / rr , / r .4@US Ga 0 H AGENDA MEMORANDUM N�oP©�p,EO First Reading for the City Council Meeting of September 10, 2013 1852 Second Reading for the City Council Meeting of September 17, 2013 DATE: August 28, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Born Street Conversion from one-way traffic to two-way traffic CAPTION: Ordinance amending Section 53-250 of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. PURPOSE: This ordinance proposes to change Born Street between Water Street and Chaparral Street from one-way traffic to two-way traffic. BACKGROUND AND FINDINGS: Born Street is a two block local access and circulation street, with one block between Water Street and Shoreline Boulevard being a two way section and one block between Water Street and Chaparral Street being a one-way eastbound section. This one-way section should be converted to two-way for simplification of the circulation pattern on these two streets in these two blocks. (See Attached Exhibit) The Traffic Advisory Committee JAC) reviewed this item and passed a motion on March 25, 2013 recommending the City Council approve converting Born Street between Water Street and Chaparral Street from one-way traffic to two-way traffic. The section of Born Street between Water Street and Chaparral Street was originally converted from two-way traffic to one-way traffic in July 1968. Mr. Ron Martin with Kinney Hotels Partners, LTD requested the change from one-way traffic back to two-way traffic at the Transportation Advisory Committee meeting of March 25, 2013. During the July 9, 2013 City Council meeting, Kinney Hotels Partners, LTD was granted a Chapter 380 Agreement and a Tax Abatement Agreement for the construction of a boutique hotel valued at $4.7 million to be located at 318 Born Street. Allowing two-way traffic on this portion of Born Street would improve retail traffic flow and access to the building. As part of this proposal, staff has looked at the overall traffic pattern in the area and determined that: 1. On Broadway Court, the next block over from Born Street, there are stop signs in each direction at the intersections of Broadway Court and Chaparral Street, Water Street and Shoreline Boulevard signifying this two block section of Broadway Court as a two way street. Additionally, the grade differential at Chaparral Street keeps Broadway Court from being any more than a local access and circulation street. 2. Park Avenue to the south and Kinney Street to the north are collector/arterial streets that form the area traffic network for access to the Shoreline area. The US 181 Bridge Relocation project recommended Red Route should not impact the operations on this two block section of Born or Broadway. ALTERNATIVES: 1. Do not approve the ordinance, thereby keeping this portion of Born Street limited to one-way traffic (not recommended). OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Project to Date Expenditures Fiscal Year: `12-13 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map to SCALE: N.T.S. AERIAL FLOWN 2010 fi BILK BORN ST CHANGE FROM ONE WAY O TO 0 WAY TRFFIC SUBJECT: BORN ST. ONE WAY CONVERSION TO TWO WAY Traffic Engineering Div. Engineering Services Dept. Ordinance amending Section 53-250 of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-250 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53-250 Schedule I, One-way streets and alleys Sec. 53-250. Schedule I ne-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Adkins Drive, from Hamlin Drive to Marie Street, during school hours Southeast Alley, located between Ayers Street and Palmero Street, and running parallel with South Alameda Street ..... ntelope Street..... East or-n Street, 13QUA-96OR U.42tar Street 2Rd Chaparral Street..... Wact orth Brawner Parkway, from Stirman Street to Carroll Lane, during school hours .....West SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Ordinance-Born 3f Page 1 of 3 SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-Born 3f Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ' 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-Born 3f Page 3 of 3 .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,EO First Reading for the City Council Meeting of September 10, 2013 1852 Second Reading for the City Council Meeting of September 17, 2013 DATE: August 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services Dan cctexasecom 361-826-3729 Gus Gonzales, P.E. Director of Water Operations GustavoGocctexas.com 361-826-1874 Granting of a Revocable Easement to TexStar MidStream Utility, LP CAPTION: Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the 0.N. Stevens Water Treatment Plant; for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. PURPOSE: This ordinance conveys a Revocable Easement to TexStar Midstream Utility, LP which enables them to cross the City's two tracts of land with a 12-inch pipeline. BACKGROUND AND FINDINGS: TexStar Midstream Utility, LP (TexStar) is preparing to construct a 9.33 mile long pipeline from a gathering facility in San Patricio County to the Equistar Refining plant located off of McKinzie Road. The new 12 inch diameter pipeline, which will carry "Y" grade natural gas liquid, will be constructed within a fifty (50) foot wide permanent easement located across two tracts of land owned by the City located southwest of the O.N. Stevens Plant. The length of the pipeline across both tracts is 1,390 feet and is shown on the attached Council Exhibit as Tracts 91 and 92, as per the TexStar parcel numbering system. The Revocable Easements will also convey a thirty (30) foot wide temporary construction easement which will expire upon completion of the pipeline. City staff met on several occasions to evaluate the easement request since it intersects three City water transmission pipelines located on the City's tracts. As a result, staff imposed a minimum vertical clearance of twelve (12) feet between the TexStar pipeline and the City's water transmission lines. TexStar will use a boring operation to construct their pipeline under the City's transmission lines. The City will closely monitor the boring operations, as well as any other construction adjacent to its water transmission lines. The Revocable Easement instrument also contains terms and conditions which pertain to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. A Pipeline License Agreement will also be issued to TexStar by the Development Services since the pipeline crosses various City street right-of-ways. The easement is revocable by the City if TexStar violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. TexStar will also full indemnify the City against any and all liability, damage, loss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement instrument. Authorization to convey easement and land rights from City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not convey the easement to TexStar Midstream Utility, LP which could lead to eminent domain proceedings by TexStar. OTHER CONSIDERATIONS: TexStar Midstream Utility, LP needs this Revocable Easement to be able to construct this 1,390 foot section of the subject pipeline. CONFORMITY TO CITY POLICY: The City is authorized under its home-rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. 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 Revocable Easement, Tract 91 Revocable Easement, Tract 92 Ordinance Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Section 1. That a Revocable Easement is granted to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one(1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant for the amount of $70,000 paid to the City. Section 2. That the City Manager or designee is authorized to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. 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 ' 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor REVOCABLEEASEMENT (TexStar Midstream Utilitily, ,Tract ) TEXAS THE STATE OF KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the i of ti, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, (u r t rte) acting by its duly authorized r r, or designee, ("City r") in si r i sum of Ten Dollars ($10.00) to it in r r Midstream Utility, LP, whose address is 18615 Tuscany Stone, Suite 300, San Antonio, r County, , ("Grantee"), the receipt of which is cn I p and the further consideration r t " complying with the i ty's Hazardous Substances, Liquids, i li Distribution s Ordinance, Article II Chapter 35 Code of Ordinances, i pipeline in c e Article Il Chapter 49 Code of Ordinances, as amended, has GRANTED, CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions ri r stated unto the said er Midstream Utility, L , the right t relocate, install, operate, repair, replace, maintain refined r i li 9 not to exceed twelve (`t ) inches i i I diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, c cic protection, pigging facilities, t t leads, ri I markers for the transportation r l gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in s or liquid T across, r and upon the land owned by Grantor described on the c Exhibit and on the ched Exhibit B. TO HAVE AND TO HOLD n r its successors and assigns, together it the right to enter upon Grantor's tract land as shown on the c and incorporated Exhi i " for the purpose l ti , installing, r i , repairing, replacing, maintaining i Improvements under the following conditions. 1. Definitions: City means the i ty of Corpus Christi, a Texas home-rule municipal corporation. } Grantor means City, interchangeably wit i . c) City Manager means the i ty's City Manager or his designee. } Director means City's Director of Engineering is r his designee. } Risk Manager means City's Director of Risk t or his designee. City Attorney City's City Attorney or his designee. Revocable Easement Txtar Midstream Utility,LP 1 of 1 Grantee x r Midstream Utility, LP. Improvements means one refined products i li , not to exceed twelve (1 2) inches in i l diameter, together with appurtenant facilities including, ut not limited t , valves, , regulators, ic protection, pigging ciliti , test leads, ri l markers all within City property. i) Contractor means Grantee's t to str maintain, replace, r ir, or remove the Improvements. j) Exhibit A and the xii r 1 or more pages, s i the locations r the Improvements t r or cross City property. City Utilities City's r® Wastewater, Storm Water and Gas divisions. l) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that r in I c prior to the Improvements installed n r this Revocable . Utilities r t tip s the lip (e City Utilities representative that needs to be notified ( prior to routine construction or repair work or( ) prior to r concurrently wi r repair work. During routine relocation, installati , ri , r ir, replacement, maintenance t Utilities will be the appropriate Water,Wastewater, Storm Water or Gas division foreman on duty. The City Water, Wastewater, and Gas crews or on-call 24 hours , 365 days a year. The Water Representative, the st tr Representative, the Gas Representative, n r i nage Representative is the respective name for each division's authorized representative as set out above, and collectively called Utilities Representative. Franchisee's Rer nt tiv ns the representative of a City franchisee or licensee that has preexisting Improvements wi i n 2-feet of the proposed Improvements t t need to tiff (1) prior to routine construction r repair work or ) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work franchisee's or licensee's representative( .the T Representative,the AEP Representative) ill be contacted. The franchisee licensee representatives ar if ctiv l called r is 's Representative. City Inspector means that person acting f of a City Utility or the City Street Department inspecting the relocation, inst II ti r i , repair, replacement, and maintenance of the Improvements. Revocable Easement Tex tar Midstream Utility,L 2of14 Revocable Easement Area t portion of i ty property upon which the Improvements will be installed, c r , repaired, r ! c , and maintained. 2. Construction Sr ll work proposed Grantee to install, r ir, or replace the Improvements will equal or exceed t of Transportation i li Safety Standards li I (Title , Code of Federal Regulations, Part 1 - Transportation of Natural and other Gas by Pipeline, or Part 1 -Transportation Liquids by Pipeline - latest revision) for the transportation or liquids Improvements. 3. Compliance it In installing, maintaining, repairing, r replacing the Improvements Gr st comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary i ts from the r ri agencies, including bu not limited i Ordinance No. 0177 , approved on October 20, 1993, which provides r emergency response coordination r pipelines transporting hazardous substances, liquids, and gases, including information reporti requirements r existing and new pipelines. 4. Denth Limits tr Transmissjgn peline Clearances. Granteemust install, replace, repair, and maintain Improvements so that no c i f the pipeline will be any lla r than 36-inches from xi i ground r roadway pavement. Grantee will also maintain i i u f twelve(12') t clearance Grantee's pipeline City water transmission pipelines, r notify the x One-Call at 1-800-245- 4545, 1-800-DIG-TESS, and Southwestern Bell 1-800-828-5127 for till locations in Revocable n Area t least 48 hours prior to the start of construction. Crossing 5. r Ditch Reguirements. Prior to any repair or replacement Improvements, r st provide protection at all road crossings t ditches, by either casing, r i wall thickness, cc cr t jacketed p or other means approved the Railroad c i i r Federal applicable, and Grantee identify the method construction p( s. Grantee ill maintain a minimum clearance of t (10') feet between Grantee's pipeline r t r concrete lined drainage channel located n Grantee' construction dr i , Sheet W Station 6. Or)eratina Pressure. Grantee's maximum operating pressure r the Improvements mu t not exceed design limitations as set forth in ilr oad Commissi or Federal . regulations for the size line installed operated. 7. 60 Day Revocation. Grantee r right and easement r in granted may be revoked t any Ume by the i of Corpus Christi acting through its City Manager, and Grantee required to remove the Improvements upon 60 days notice in r° i . If Grantee is in violation of Department of r n i or Railroad Commission laws, rules, r regulations, r City ordinances, Grantee will be given written tic violation and 30 days from receipt f such notice to commence to cur Revocable asement Agreement(Rev--d.8197) T x tar Midstream Utility,L Page 3 of 1 the stated violations, within the overall 60 day period. If after the cure period expired and Grantee r it i , this Revocable Easement may be revoked Grantee required to remove the Improvements i in provided however that f Grantee has commenced to cure violation but s not it the y cure period, Grantee may proceed r such violation this vc 1 t shall not be revoked. 8. Improvements r r will place markers at the pint where such Improvements enter or leave a public street or drainage right-of-way or other City property. r rs must be of permanent construction bearing c t 's name and emergency I r and placed on the of lip t- f- si_ n iri is Revocable Easement, and all its terms and conditions, bind and inure to fit of Grantor and Grantee their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to person, firm, corporation, partner i , or other entity, with the prior written consent Grantor's City Manager,which consent will not be unreasonably withheld. Any assignment must provide that the ssi gnee unconditionally assu all the i es and obligati assignor upon the same terms and conditions t out in this Revocable Easement, which in of duties li i s is partial consideration for Grantor's consent to the i n t. ilt ° Grantee provide Director it 1 . Construction r I �_ -,. set of cnri plans for all work proposed for the Improvements located ° i Revocable t Area, one month prior to the start of construction, for Director's review r v L The plans will tie t t rli proposed Improvements t centerline v r e Easement Area. centerline improvements il(also be tied to the xisti ng utility centerlines. r must provide the it r with a complete depth profile, distance, and location its Improvements fry isti ng City utilities, other franchised ilii s, and other pipelines, that fall within the v c I Area. The Grantee is vis that centerline of proposed Improvements v e a mini centerline to t rli horizontal distance as shown in the table below: Water i r - " -1211 Wastewater - 1 " - 1211 l -12" Gas - 1811 rm - 12" r I r r -1 Storm Water - 1 r - 12" Caprock - 1 " The Grantee st provide the Director with a 24"x36" size reproducible set of as-buift drawings f the Improvements i i s after completion of construction;failure so may result in r n ®s Revocable s ement being forfeited the i . 1. Insurance. The Grantee s t commence work under this r n until it its Contractor have obtained through self insurance or insurance polici s required ri n and proof of s insurance vi the Certificate fInsurance has been submitted r v ed bythe Risk Manager. The required t Revocable Easement Agreement(Rev--d, 7) TexStar Midstream LIttllty,LP Page 4 of 14 of required insurance y r is specified in incorporated Exhi it"C". The Grantee its Contractor, if any, must have and maintain Commercial General Liability Insurance the tir construction the r construction is I is and Improvements compr t the r t have and maintain Commercial General Liability Insurance through if insurance r insurance lici s r entire duration this I for so long as Grantee's Improvements located in or upon property of r t r. This provision shall survive termination or expiration of this Revocable . The contractual li ili i is insurance must be broad cover indemnity in this Agreement. Such policies insurance must include the i as an additional insured liability ri i of the Grantee's it Contractoes use or maintenance of t Improvements in vc I t Area. The insurance polici ci fied must include t stating that the insurance cc y(i ) must give the Director 30 days written notice certified mail® before any policy covered r is cl not renewed, r materially c i II insurance lici from r t r must be provided y within days after City Managers reasonable t therefor. Grantee r c r° if lic l provide copies f all insurance lici the City r within 30 days of the i ty Managees reasonable request therefor i incident-relating to the Improvements or Grantee's operations r cc rs that reasonably covered c insurance. If such copies r requested provided, Grantee y mark the information in r 's policies that Grantee believes is confidential r proprietary. If i is requested to provide II or part of Grantee's insurance policies to it parties, City will timely forward records to the r General for determination r the records ar e "Open Records" under the Texas Open Records Act. City will contemporaneously i r n the open records r that Grantee y participate in v it t e procedures an d take steps ibelieves necessary to protect r confidential or proprietary information. 12. Indern Grantee must fully indemnify 1 ty of Corpus Christi, lits officers, ("Indemnitees")against any and all liability, , loss claims,demands, and actions of any nature whatsoever on account of personal i (including i limitation, r i , or property loss or damage of any kind, or any other kind of damage which arise claimed i with officers', agents', employees' " "' negligent omissions r acts of intentional or willful misconduct in it respective installing Improvements r other construction, operation, maintenance,repair,control,or use of the Improvements r Area, including but not limited to, those damages arising Indemnitees'lintentionall or negligent in causing installation, i , replacement maintenance, or operation i ili ° or adjacent to the Revocable including Easement Area; and i mited to those damages arisi Grantee's Grantee's !or negligent causing Revocable Easement Agreement(Rev--d. 7) TexSlar Midstream utility,LP Page 5 of 1 utility be cut City during ° Grantee's Easement Area. 1 s provision shall continue so long as Grantee's Improvements are located on City 1 . i t l r ements Franchisees' Preexisti ents. Grantee ill repair, or cause to repaired, y damage its t i operation, repair, relocation, r I r maintenance of the Improvements causes to i street, sanitary r, storm sewer, gas, drainage facility, or to r i sees' Preexisti Improvements i i Improvements or Franchisees' Preexisting Improvements wer in place prior to Grantee's initial installation Improvements. 1 . Abandonment ofRipgline. t leave abandoned pipe in I unless the it r requires the Grantee to remove the abandoned pipe facilitate city ti ct the i c safety. Upon notice from the it c r, Grantee shall promptly ci Improvement. If a Grantee abandons Improvements, the Grantee remains it for the ii the Improvements after the pipe is , The City will not assume ownership or control r the abandoned Improvements, i ty assumes no responsibili for their maintenance i in ai ng accepts a particul facility. i 7 the i ty Code of Ordinances continues any pipe, facilities and appurtenances not removed by Grantee after abandonment. If t ee removes any pipe, f ili ° r appurtenances, the Grantee shall restore the City r , at the , under subsection the City Code of Ordinances. 15. General Conditions. Recordation. i will file the I at the Nueces County Courthouse and Grantee will reimburse i r the recording fees. Notification and Verffication. Contractor must verify depth locations of City Utilities, and all Franchisees' Preexisting Improvements in r nearthe Revocable r prior to tin any routine construction r repair work, other than bona l r repairs which must be reported to the r ri Utilities r t tip ( , the r Superintendent, and the appropriate r i 's Representative s) immediately Grantee's knowledge for repairs. Contractor st notify the ttft Representatives at Water Representative - 361 ® ®1 (880-3140, after hours) Wastewater Representative - 361 ® 857-1818 ( 1 , after hours) Gas Representative - 361 ® r hours) Street Superintendent 1 ® m1 (886-2600, after Storm Water Superintendent m 361 ® 7-1 (880-3140, after hours) Traffic Signal & Fiber Optic 7®1940 (886-7452, after ) Revocable Easement Agreement(Reid. 7) TexSttar Midstream Utility,LP Page 6 of 1 Texas One Call - 361 - 1- - - - l -T 1 - 1-800-344-8377 and the fs 's t tiv (s) at SWBT 1 - 881-2511 (1- hours) AEP (CP&L) - 361 - (693-9444, r Time r - 361 - - (857-5060, r hours) Grande ( C r rc ) - 361 - -1500 (334-3000, after ) Espire (Fiber tic) - - (pager, 850-2652, after hours) KMC (Fiber tic) - 504 - 733-3900 (pager, 1-800-676-9407) t (Fiber tic) - 361 - - (361-774-3889, ur Caprock (Fiber tic) - 972 - 702-7924 to ri , locations, and time of beginning construction or repair work. The Utility r tip q the r Superintendent, the Franchisee's Representatives may have representative pr n ri Grantee's construction, repair, or emergency repair operations. cf Permit. 48 hours pflorto commencing routine construction rrepair work, and by 9 a.m. t r for emergency repairs, tGrantee will apply to the Director or his designee for a permit before disturbing the l Area. Grantee must perform the r in accordance i it and all applicable r 1, state, local laws and regulations. Contractor must not leave trenches or pits in the c I t Area open overnight unless Contractor provides adequate f security devices to r t possible injuries r accidents. All trenches r pits must be backfilled as soon as possible, the ill properly compacted, the surface restored, the r all done in a neat and workmanlike rm No bore its may be left open longer t r days regardless location. Barrel type barricades will be placed j to tt pits. At a minimum the CC® i items will be included in it: f r pipeline crossing the t t Area will be dry or slick bored. t or slick bore r Director if the r will provide the it c or or "Designee" su ci t and satisfactory it analysis information to support the r . fi Open-Cut. Grantee or its Contractor must saw cut any existing concrete It down to replace it concrete or asphalt. The pavement repair must consist of 5-inches Hot Mix Asphalt Concrete(HMAC)Type D to I in o lifts, i.e., - Revocable Easement Agreement(Re ° . 7) `r x t r Midstream utility,LP Page 7 of 14 inches and ®i r two lifts of 2.5-inches. The HMAC pavement must extend r the xis in for a width of 12-inches on either side trench t Subgrade will be trenched with ri me coat MC-70 at 0.15 1.1 ye Final backfill shall consist of cement stabilized containing ii um of 2 sacks of Standard I Portland cement per cubic yard of sand in r t®of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored described on each side cut centerline, such that no settlement will occur in roadway area. Grantee ill encase the Improvements in sand, with a minimum ®i r the Improvements. Uncovering ity Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in l e Easement Area verify its r location. If r Improvements cross existing transmission mi (16"diameter and above),the Contractor will uncover t main at the point f intersection with the Improvements, it Utilities (Water) Representative on-site during This x i will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the r Improvements cr i Utility, Grantee must maintain 3-foot vertical separation; Grantee in i n a twelve(12)fat vertical and 5-foot horizontal separation around II water t n issio i . Grantee must properly compact backfill around all existing City Utilities in accordance with ll City constructions standards, icl i i Water Distribution System Standards, paragraph 14(c), and the City Inspector's request. Contractor must take every precaution not disturb the soil surrounding xi i ng City Utilities, including n all thrust blocks. If Contractors work on the Improvements rlin 9 as determined r Representative, Water crew immediately allowed access to the Revocable t Area to make all repairs. ll City's costs (labor and equipment)associated with Waterline repairs ill be paid by the Grantee within 30 days after City sends Grantee invoice. The Water Representative will determine the extent of damage to the Waterline repair If tr c ore s work on the Improvements i ty Utility line and it or sand enters service lines u to residential r non- residential l r r t resolve the damage issue with individual ® including aIl costs associated with I i . City Inspectors. ile work is being done within l Easement Area, including it t limitation wor r u existing r Revocable Easement Agreement(Rev--d. 7) Tex ter Midstream utility,LP Page 8 of 14 in, Contfactor must pay for each City Inspector's time the voc I Easement Area at a daily rate of $301.31 for each day spent inspecting construction, , repair, replacement, r Actin of said Improvements. I y - 4 or more hours of work - constitutes a whole working r f calculation. Any time in xc ors day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of r hour. Grantee must pay these funds to the appropriate i within Department i as allocated by the Director. The daily rate and overtime charges changed by the Director each August l based upon the average i Inspectors. The new charges ill be on fi!e wi Director. grading,0 Drainage, n d erosion. Contractor must maintain proper drainage t all times, including i a t limitation at the f each work , in if drainage ditches c construction, maintenance, repair, replacement, or operation of the Improvements. After completion f, or in f repair or replacement of, the Improvements r r must reshape r if lic I , drainage is s to a correct condition i Director. If the drainage ditch is concrete r will be no grading, etc., but the ditch us repaired to its previously existing condition as det i by the Director. If there is r si roadway or private property loss of existing vegetation along s of the r i ditches, or from any other condition u disturbing ail along the Revocable Easement Area caused by Grantee relocating, i st Ili t operating, repairing, replacing the Improvements, Gr ust resolve the damages issue i individual q including all costs s ci resolution. g) Damages to structures. If there is n y damage to driveways, c Iv , head walls, and any other structure, public or private, caused by Grantee relocating, i lli 9 operating, r iri replacing the Improvements, Grantee t resolve the issue with the individual owners, including aIl costs associated i resolution. Equipments o trrls° Grantee may not store or leave vri t any equipment or material in i ty property. Grantee's i r stock it of material on private property, or on City right-of-way duri y, must not s ru vision vehicles r pedestrians for 500 feet either direction from r t intersection or driveways onto a street. i Aesthetics. To preserve r r r aesthetic features on the street right-of-way on City property, Director may specify the extent and methods of r removal, r ri in Revocable Easement Agreement(Rev=d, 7) T xStaf Midstream Utility,LP Page 9 of 14 or replacement, replacement t r aesthetic features, including specifying t of installing Improvements. T it ct r will use due consideration in s lip in the I trees other aesthetic features i rxi i the r Improvements cil requirements justified by the val the trees r aesthetic features. j) Testing. i Inspector determines when laboratory testi ill be required,t r, location, r f testing. All testing is the Contractor's expense. . The City Inspector request any other conditions may be required l this r j ct in a safe and workmanlike manner. Guarantee. Grantee's i t I t comply With all applicable i Standards n It work must be guaranteed r t for a one-year period from r antee provides the reproducible, s- ilt drawing required i 1 , to it r. Notification of Leaks. Grantee must notify it c r of any spills and leaks within the Revocable Easement Area within sin r Grantee is r ill or leak. Grantee t pay for all remediation costs related its Improvements illy or leaks within Revocable Easement Area. Grantee t provide Director a remediation plan that complies with It applicable federal, local r r I at the time f discovery of the leak or spill. The City r may investigate the condition and t of the leaks and spills. Cily use of Revocable r ll rights r n Grantee, are subordinate to all uses as the i Revocable r a, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, r City purposes. Sale of Natural Gas-Restrictions. Grantee is expressly prohibited from sale or distribution natural gas t u r ® whether industrial, c roil or residential, xc t AEP (Central r& Li y , which consumers are located within the city limits of the City r ri i as may be amended from time to i . It is r t provided t, as used in i s paragraph, the I "natural " does not include intercompany sal r transfer by or between two or more business ti i fuel gas or fuel in form used and consumed in the r i n i , heating, distilling, producing r manufacturing process, the r -c i l industry. It is It and r that this Agreement, as written, covers all covenants, agreements, and stipulations °: representations r statements, ri r oral, have been made modifying, adding to, or changing r , and that cu ° this nveyance on behalf of Revocable Easement Agreement(Rev-ad. 7) T xStar Midstream Ulift LP Page 10 of 1 Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed in duplicate this the day of 12013 Revocable Easement Agreement(Rev--d.8197) TexSlar Midstream Utility,LP Page 11 of 14 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Ron L. Olson, City Manager APPROVED S TO LEGAL FORM: day of 2013 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013, by Ron L. Olson, City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement Agreement(Rev--d.8197) Tex tar Midstream Utift LP Page 1 2 of 14 GRANTEE The v foregoing REVOCABLE EASEMENT is c this the 2013, by Gaylon E. Gray, Vice r si t of ire ering and Operations for TexStar Midstream 11 GP, LLC, general partner of TexStar Midstream Utility, LP, a Texas limited r r if of said partnership, the Grantee r i and r agrees to keep and perform conditions imposed Revocable the s . x t r Midstream Utility, LP m By: -- Name: G ylon E, Gray Title: _ i r si nt of Engineering and Operations- THE STATE TEXAS COUNTYOF j; This instrument s acknowledged before is of a . i ,, l 13, by Gaylon y, as Vice President of Engineering and Operatos for TexStar Midstream 11 GP, , general partner of T x t r Midstream Utility, , a Texas limited partnership declared executed same for the purposes therein stated and with r r authority to do s . JACQUAUN ESHIELDS a NOTARY PUBUC,STATE OF TUAS rl i t f Texas ' § R Revocable Easement Agreement(Re d,8197) Textar Midstream Utility,LP Page 13 of 14 TEXSTAR MIDSTREAM SERVICES LP. EXHIBIT "A" NUECES COUNTY, TEXAS 50 FOOT WME EASEMENT DESCREPTION February 06,2013 Sheet 2 oft DESCRIPTION: EASEMENT A 50 foot wide easement,being twenty five-feet(25)left of and twenty five-feet(25)right of a surveyed baseline as sho%%n on Sheet I oft of this Exhibit"A",being situated in the Gregoria Farias Survey,Abstract No.592,Nucces County,Texas,and out of a called 13.963 acre tract of land(Tract 2b), awarded to The City of Corpus Christi by Judgement,in Cause No.71,styled City of Corpus Christi vs. Clyde Jennings and Zelda Jennings,recorded in the Minutes of the County Court of Nucces County, Texas,said 50 foot wide easement being more particularly described along a surveyed baseline by centerline description as follows: BEGINNING(B.O.L)on the Northeast line of said 13.963 acre tract and on the Southwest line of a called 4.726 acre tract of land described in a deed to the R.E.Stanley and wife Paula Stanley,recorded in Document No.2006027304,Official Public Records,Nucces County,Texas(O.P.R.N.C.T.),from which a 1-inch iron pipe found on the Northeast line of said 13.963 acre tract,same being the Southeast comer of said 4.726 acre tract,bears:South 56107'35"East,a distance of 21.81 feet; THENCE South 15*24'54"East,a distance of 645.82 feet; THENCE South 02'3940"East,a distance of 495.74 feet to the Southwest line of said 13.963 acre tract, and the Northeast line ores called 4.92 acre tract of land,described in a deed to ne City of Corpus Christi,recorded in Volume 1370,Page 27(D.R.N.C.T.),for the END OF THIS DESCRIPTION,and POINT OF EXIT(P.O.E),from which a 5/8-inch iron rod found for the South comer of said 13.963 acre tract,bears:South 5547°15'®East,a distance of 89.98 feet. The above surveyed baseline traverses the said 13.963 acre tract for a total distance of 1,141.56 feet or 69.19 rods and containing 1.31 acres of land in said easement. All bearings and distances contained herein are grid,based upon the Texas State Plane Coordinate System,South Zone,ofthe North American Datum 1983,in U.S.Survey Feet. DESCRIPTION: TEMPORARY WORK SPACE. A Temporary Work Space out of said 13.963 acre tract of land,located West of and adjoining the West line orthe previously described Easement as shown on Sheet I or2,containing a total of 0.79 acre of land. Plat ofeven date accompanies this field note description. ........................ MARK D. ..........4.. 360 .0 "® SS A Topographic Land Surveyors S U 1400 Eve an Parkway Suite 197 Mark D. Bryant Sr., R.P.L.S. No. 4360 Fort Worth,TX 76140 February 06, 2013 Tx-NUE-0811,00 SIB 15 R E STANLEY AND WIFE EXHIBIT PAULA STANLEY 0. F"JAS SUAVRX ARSTJUCr NO. DOCUM 5,92 ENT No 2006027304 CALLED 4.726 ACRES NUZCBS COVNff* r LESS 0.425 TO RAILROAD WWAff"PLAT 0 P.R N.C.T TOTAL LENGM- 1141.56 FEET OR 69.19 RODS TOTAL EASEMENT. 1.31 ACRES TEMPORARY WORKSPACE. 0.79 ACRE EX-NUE-GSB.00 ROBERT C STAP&M SR DOCUMENT No 2007C32025 LOT 4 BLK 4 I Ocr 2OW FARM GRAM SUB O'SON CALLED 1.78 ACRES X=127OM2,2 Y-17201958.4 LRON PIPE FOUND S SSV7'4 21,91' IVA CONCRETE ;I; CPAKAGE DEIAIL VIEW DfTCH 1 50, Tx-NUE-021.00 SEE THE MY OF CORPUS CMSTT DETAIL CAUSE No.71 TPACT 2b CAL= M903 ACRES UNE TABLE UNE 8 -ING REffiE 2=1 5 15'24'54'1: M S 13739'40 E...........45.74, 2 LEGEND SURVEY/SECTION LINE SURVEYD BASEUNE CONTINUED WMNE/APELINE TRACT OMER EDGE OF MENIENT 10APORAff WORKSPACE ROM WAY X FENCE UNE 5/13-INCH I", —I,,,,,— IO0SnNC PMNE �j OK MMEAD ELECTIdC w WATER LINE 0 POINT OF MERSECTION I II 0 IRON ROD FOUND (I.R.F.) P.01 0 IRON PIPE FOUND X=127019 1 It Y=1 7 6 c 4 =172=0W S 4Y 15'E S 89.w T ...9.Y SR. SR. ................ .... .. ... 438 TOMGMPHIC suvt CIL sAwma a m&wQ a GO®Gps I=74140 Mark D. BryonL Sr.. F641-S. No. 4360 r.1=17' 744-75,4 February 06, 2013 Field note description of even data cemmoonlam this plaL EQUISTAR REVISION: 1. GINGWAL sna ajr x le MENTION INT DATE L ALL WARINM OWANUM AM COORDION WUM CWTAM NERVIN ARE=W=tOGN TK ROM 12 STATE RAW AVERCAN 09M 10 OLLIM —001 m00 naD MR&Y.U"ON THE OWUND,MAIN W M=a w A L=Tmp-11L2m-1 TEMM I]ATE: 02/06/13 Tm RMMNQ OF UT~OF 11MINNIC so Of Lwqmw of[w DRAWN BY: s.M.E. a r. P-EM RECOM NUEM COUZY,TPAS FE 1 OF --—-—- WAN GJL=T.-OR=&Raw=man=Nw Tum -OFFICIAL REILE IISCOM"M COUM.=U REVOCABLE EASEMENT (7 x t r Midstream Utilitily, L ,Tract - - a ) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the i of Corpus Christi, a T -ru!e munici l corporation, Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized i r, or designee, ("City r") in nsi r ti of the sum of Ten Dollars ($10-00) to it in i T x t r Midstream Utility, LP, whose address is 18615 Tuscany Stone, Suite 3 , San Antonio, Bexar County, Texas, (" r t "), the receipt f which is acknowledged, and the further consideration of "Grantee" c lyi with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, it II Chapter 3 of Ordinances, and City's pipeline rin nc , Article I! Chapter 49 Code of Ordinances, GRANTED, L , AND CONVEYED, y these presents does GRANT, SELL, 'Y, upon the conditions her i r stated unto the said TexStar Midstream Utility, L , the right relocate, ins II, operate, repair, replace, refined products i li , not to exceed twelve ( ) inches in in I diameter, together i u t facilities including, but not limited t , valves, r , regulators, c is protection, facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, c il, and other hydrocarbons or minerals, whether in s or liquid form, across, under and upon the land r nor described on the c hed Exhibi and shown on the c hed Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors sins, together with the right to n r upon Grantor's tract f land as shown on the c incorporated x i i °' " for the purpose of relocating, installing, repairing, replacing, n i inin said Improvements u r the following conditions. Definitions: City means the City of Corpus Christi, a T home-rule nici I corporation. Grantor n i may be used interchangeably wit it . c) City Manager means the City's City Manager or his designee. Director s City's it cor of Engineering Services or his designee. } Risk Manager means City's Director of Risk Management or his designee. City Attorney means City's City Attorney or his designee. Revocable Easement Texter Midstream Utility,LP 1 of 14 Grantee s TexStar Midstream Utility, L . Improvements means one refined products pipeline, not to xc twelve ( ) inches in i l diameter, together ith appurtenant facilities including, t not limited o, valves, rs, regulators, c is protection, pigging facilities, t t leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, i t i , replace, repair, or remove Improvements. j) Exhibit A and n the x i its, whether 1 or more showing the locations where the Improvements tr or cross City property. City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. 1) Franchisees' Preexisting Improvements n improvements owned or operated by a franchise or licensee the i that r in place prior to the Improvements installed un r this Revocable Easement. Utilities Representative means the li l Utilities representative that n c ifi (1) prior t routine construction orrepair work or( ) prior to or concurrently wit r c repair work. During routine relocation, i tlltin, operation, repair, r Ic t, and maintenance r the tiliti s Representative will be the appropriate r, Wastewater, Storm Water or Gas division foreman i r, Wastewater, and Gas crews t or on-call 24 hours a day, 365 days a year. The Water Representative, the r Representative, the s Representative, the r i Representative is the respective for each ivisic 's authorized representative as set out above, and collectively called the tiliti s Representative. Franchisee's Rer s t tiv the representative of a Cit franchisee or licensee that has preexisting Improvements wi i n 2-feet of the proposed Improvements t need to ii prior to routine construction or repair work or ) prior to r concurrently it r racy repair work. During routine installation, maintenance, or repair work each franchisee's r licensee's representative( .the T Representative,the AEP Representative) will be contacted. The fr c i licensee representatives r ll civ I called r c i 's Representative. City Inspector s that r acting if of a City Utility or the City Street Department inspecting the l c ti , installation, repair, replacement, n int n nc of the Improvements. Revocable Easement Texstar Midstream Utility.I_R 2®t 14 Revocable t Area means that portion of City property which the Improvements ill be installed, r , repaired, r ! c maintained. 2. Construction t r II work proposed Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation i li Safety Standards lic I (Title , Code of Federal Regulations, Part 192 - Tr ns ti ur I and other Gas by Pipeline, or Part 1 -Transportation of Liquids by Pipeline - latest revision) f r the transportation of gas or liquids the r v . _° Laws.li c i I installing, i ii , r iri , or replacing the Improvements r n t comply with all applicable Federal, State, County, and City laws and ordinances, and ll amendments thereto, and secure all necessary r its from the r ri t agencies, including limited to, City Ordinance No. 0177 r v October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information r i requirements f r existing and i !in . 4. ®Depth Limits and t r Transmission Pipeline I r nc r us install, r l c , repair, and maintain the Improvements so that no portion the i li will be any shallower than 36-inches from xi ti ng ground or roadway pavement. Grantee will also maintain a minimum of twelve(12')feet clearance between Gr 's pipeline City water transmission pipelines. Grantee must notify the T One-Call at 1-800-245- 4545, 1-800-DIG-TESS, and Southwestern Bell 1-800-828-5127 for utility locations in the Revocable s r least 48 hours prior to the start of construction. 5. Crossing or,,Ditch Reguirements. Prior to repair or replacement f the Improvements, r n st provide protection at all road crossings or ditches, by either casing, xr i wall thickness, c ncr t c keted pipe, or other means approved the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify method n the construction I . Grantee ill maintain a minimum clearance oft (10') feet between Grantee's pipeline rntr' concrete lined drainage channel locat r t 's construction dr i Station 6. r tin r s r e. Grantee's maximum operating pressure for the Improvements not exceed design limitations as set forth in the Railroad o i si n or Federal D.O.T. regulations r the i type of line installed and ope 7. 60 Dav Revocation. Grantee understands r s that the right easement herein granted may be revoked t any time the i of Corpus Christi acting through its City Manager, and Grantee required to remove the Improvements 60 days notice in writing. If Grantee is in violation of Department Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice f the violation and 30 days from receipt of suc notice to commence to o Revocable Easement Agreement(Rev= . 7) TexStar Midstream utility,LP Rage 3 of 14 the stated violations, within the y r II 60 day period. if after _day cure ri expired Grantee t cured the violations, this Revocable revoked n Grantee y be required to remove the Improvements i in writing: provided v r that if r t commenced cure stated violation but has t completed same with the y cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. Improvements r r , Grantee will place r rs at the its where such Improvements ent r or leave u lic street or drainage right-of-way or other City property. Such markers f permanent construction ri ng Grante emergency telephone number and placed on the edge of the lic right-of-way. 9. Assionabilily. This Revocable Easement, and all its terms conditions, bind and inure the fit of Grantor Grantee their respective lessees, licensees, successors, and assigns. Grantee may assign this ev c I e Easement to ny person, firm, corporation, r i r other entity, with prior written consent Grantor's r r,which consent ill not be unreasonably wi l assignment must provide that the sin ee unconditionally assumes all the ti es and obligations of assignor upon the same terms conditions set out in this Revocable Easement, which assumption of duties and obligations is i l consideration for Grantor's consent to the sin . Construction r i ng,s.,,&,As-Bui I s. Grantee must provide it c r with set of construction pI n r all work proposed for the Improvements I c t within the Revocable s nt Area, one ri r to the start of construction, r Director's review r v 1. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements ill also be tied to the xisti utility centerlines. T r nt t provide the it c r with a complete depth profile, distance, and location f its Improvements fr xi i ng City utilities, other franchised uiliti s, and other pipelines,that fall within the v c I t Area. The Grantee is advised that centerline of pr s Improvements st have a minimum centerline to centerline horig l distance as shown in the table below: Water _ " Tr rnr - 1 " KMC _ 1 " Wastewater - 1 - " l - 1 ®" Gas - L - 1 " Grande( l rc ) - 1 " Storm r - 1 " ESPIRE - 12" Caprock - 1211 The Grantee provide the it ct r with a 24"x36" size reproducible set of as-built drawings the Improvements wit in 60 days r completion of construction; ilur o do so y result in Grantee's Revocable Easement being forfeited y the i . 11. Insurance. T r must not commence r r this Agreement until it and its Contractor have obtained through seif insurance or insurance polici s required r in and proof of such insurance as evidenced by the ific t of insurance has been submitted to r v the r required type Revocable Easement Agreement(Rev=d_8197) Tex tar Midstream Utility,L Page 4 of 14 of required insurance coverage is specified in c and incorporated Ex i it " " The Grantee n its nr ct r, if n , must have and maintain Commercial General Liability Insurance durin n it construction phase of the project. When construction is finished and Improvements co I t r antee must have maintain Commercial r l Liability Insurance r u self insurance or insurance polici for the tiro duration of this Revocable Easement and for so long r Improvements r located in or upon property of the Grantor. This provision shall survive r i do or expiration f this Revocable Easement, The contractual liability i n of this insurance s broad u cover indemnity r t in this Agreement. Such policies insurance must include i as an additional insured i respect t liability ri i out of the Grantee's and its Contractor's use r maintenance of the Improvements in v c I Easement Area. The insurance polici s specified must include an endorsement stating the insurance c ny(i s must give the Director 30 days written notice certified il, before any policy covered r y is canceled, not renewed, or materially changed. i s of all insurance polici s from Grantee and Contractor must be provided i rn y within 3 days after City Manager's reasonable wri request therefor. Grantee n Contractor, if applicable, must provide copies o II insurance policies to the City Attorney within y City Manager's reasonable request therefor i n incident-relating to the Improvements or Grantee's operations hereunder-occurs that reasonably rs to be covered by suc insurance. If such copies r requested and provided, Grantee may mark information in Grantee's policies that Grantee believes is confidential r proprietary. If City is requested to provide all or part of Grantee's insurance policies third i s, City will timely forward records to the Attorney General for determination r the records are "Open Records" under # Texas Open Records Act. City will contemporaneously noti rn the records request s t Grantee ii in any available procedures and take steps it lr v s necessary to protect the nature the confidential r proprietary information. 12. lndemnitv. Grantee must fully indemnify i Christi, its officers, employees "0 i "}against any and all liability,damage, loss claims, demands,and actions r on account of personal injuries (including without limitation, ; compensation and death claims), or property loss or damage of any kind, i arise or are claimed i or in ti with # or Grantee officers', agents', employees'("Grantee's Agents"') i omissions intentional willful i it I respective installing r i Improvements or other construction, operation, maintenance, repair,control,or use of the Improvements or the Revocable Area, including limited , those damages arising 0 i ' intentional in s causing to Improvements i installation, i , replacement, maintenance, ti on of City utilities located in r adjacent to the Revocable Easement Area; and including limited i i Grantee's or Grantee's Agents' intentional or negli in i ng or causi Revocable Easement Agreement(Rev=d,8/97) Textar Midstream Utility,LP Page 5 014 be cut City utility i i Grantee's ' use of the Revocable Easement Area. This i i i Grantee's are located on City property. Renairs to i "s Impmvements or r i ' r xisi I,mprovements, Grantee ill repair, or cause repaired, any damage its construction, r i n, repair,, relocation, r l c n r maintenance of the Improvements c i street, sanitary r, storm r, gas, drainage facility, r to a Franchisees' Preexisting Improvements if the City Improvements r Franchisees' Pr xis i Improvements wer in place rior to Grantee's initial installation Improvements. 14. Abandonment OfRipgline. Grantee leave abandoned pipe in l unless the it t r requires the r t to remove the i facilitate city operations or protect the lic safety. Upon notice from the it ct r, Grantee shall promptly remove the specified Improvement. Grantee abandons Improvements, r t ee remains responsible f iti of the Improvements the i is abandoned, The City will not assume ownership or control over the Improvements, the i responsibility r their maintenance and safety, I the i in iti accepts is l r facility. Subsection 49-97(e) of the City of Ordinances continues I t pipe,any facilities and appurtenances not removed by Grantee after abandonment. If Grantee v i , facilities r appurtenances, the t shall restore the it , at the sole cost of the r ti 49-97(c) of the City ri cs. General Conditions. } Recordation. City will fi!e the Rev c I e Easement at the u c s County s n d Grantee will reimburse Ci for the recording fees. } Notirication and ifrc tr o tr c r must verify t and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable nt Area 48 hours prior to commencing n routine construction or repair work, other than bona fide emergency repairs is must be reported to the appropriate Utilities Representative(s), the r Superintendent, the ro ri Franchisee's r t iv ( ) immediately upon n knowledge the for repairs. Contractor must notify the tilit y Representatives at Water Representative - 361 - 7-1888 (880-3140, after hours) Wastewater Representative - 3 - 7- (880-3140, after hours) Gas Representative - 361 - ( r hours) Street u rint n t - 3 - - ( r hours) Storm r Superintendent - 361 - -1 1 ( - , after hours) Traffic Signal & Fiber Optic - 361 - -1 (886-7452, after hours) Revocable Easement Agreement(Rev=d:6J97) Tex tar Midstream Utility,L Page 6 of 14 Texas One II - 361 - 1- 1- - ! - - 361 - 1-800-344-8377 and the ra is 's Representative(s) at SWBT - 361 - 881-2511 (1-800-824-4424, r hours) ) ° 361 - 299-4833 - r hours) Time Warner - 361 - 7-5000 (857-5060, after hours) Grande I r rc ) a 361 - 814-1500 3 - r hours) Espire (Fiber tic) - r® 850-2652, after hours) KMC (Fiber tic) - 504 - - r, 1-800-676-9407) ! (Fiber tic) - 361 - 1- (361-774-3889, r hours) Caprock (Fiber tic) - 972 - -7 to verify , locations, time f beginning construction or repair work. The Utility r tiv s, the tr t Superintendent, and the Franchisee's Representatives may have representative pr n rin Grantee's construction, r ir, or emergency repair operations. ct Permit. 48 hours prior to commencing routine construction or repair work, and by 9 a.m. the r for emergency repairs, the r will apply t the ircr or his designee for a permit before disturbing the Revocable s r Grantee st perform the work in accordance it r i all applicable federal, state, local l s and regulations. Contractor must not leave trenches r pits in the v c ! Easement r open overnight ul s Contractor provides adequate security devices r v n siI injuries r accidents. All trenches it must be backfilled as soon as possible, the c fill properly compacted, t c restored, the r all done in neat and workmanlike r. No bore its may be left open longer than calendar days regardless of location. Barrel type barricades will be placed j c t to ll pits. At a minimum the ll i items will be included in the r it: i Bore. Grantee's pipeline crossing v c I e Easement Area will be dry or slick bored. t or slick bore approved it ct r if the r will provide the it c r or " t sufficient and satisfactory sit analysis information to support the r . ii) t. Grantee or its Contractor must saw cut any existing concrete an !t down to sub-base, replace wi concrete or asphalt. The pavement repair must consist of 5-inches of compacted Hot Mix Asphalt Concrete(HMAC)Type D to be placed in two lifts, i.e., - Revocable Easement Agreement(Rev=d. a"97) `rexstar Midstream Utility,LP Rage 7 of 14 is 2-inches or two Gs of 2.5-inches. The HMAC pavement must extend over the xisti for a width 12-inches i r side of trench t. Subgrade will be trenched with ri me coat MC-70 at l.lsy. Final backfill shall consist of cement stabilized containing a mi i c s of Standard Type I Portland cement per cubic yard of sand in t right-of-way where asphalt concrete pavement has been c $ and surface. Pavement will be restored s described roe side t centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum -i r n Improvements. ) Uncovering City Utilities. A City Inspector the t rity to request Contractor to ncov r a Utility i in the v c I Easement Area to verify its depth or location. If the ro s Improvements cross an existing transmission i ( diameter and above), the r c will uncover the in at the point of intersection wit Improvements, wit Utilities (Water) r s t tip on-site durin c tic . This excavation will occur hours prior to t of construction f that portion of the Improvements that intersect the transmission ma If the r Improvements cr i Utility, Grantee must int i 3-foot vertical s r i n; however Grantee must maintain a twelve(1 2) foot vertical -f t horizontal separation r l l water transmission mai s. Grantee must properly compact backfill around all existing City Utilities in accordance with l! City constructions standards, including Ci r Distribution y r s, paragraph 14(c), and the i Inspector's request. Contractor must take every precaution is it surrounding xistin City Utilities, including any and all thrust blocks. If Contractor's r n the Improvements t rlin , as determined the r Representative, a Water cr u immediately allowed access to the v c I Area ll repairs. All City's costs (labor and equipment) associated with the rli repairs ill be paid by the r t within 30 days after City s s Grantee an invoice. The Water Representative will determine the f damage to the Waterline type of repair necessary. If Contractor's r the Improvements i ty Utility line and soil or sand enters service lines and causes damage to residential r non- residential in Grantee t resolve the issue i the individual owners, including all costs associated with resolution. City Inspectors. i! r is being done within the c I Easement r , including wit t limitation wor r existing t r Revocable Easement Agreement(Rev=d.8t97) Texstar Midstream Utility,LP Page 8 of 1 main, nr ct r must pay for each City Inspector's time t the Revocable Easement Area at a daily rate $301.31 for each day spent inspecting construction, in c , repair, replacement, r relocation of sai Improvements. lf- y - 4 or more hours of work - constitutes a who working for r calculation. n i in xc s of 8 hours day, or on Saturday, Sunday, and Holidays, is calculated i! t of r hour. Grantee must pay t funds to the appropriate i Department within the i allocated it ct r. The daily rate and overtime charges changed by the Director each August 1 based upon the average s of the r Inspectors. T new charges it l be on file with the it c r. Drainage, r in , and erosion. Contractor must maintain proper drainage t all times, including i t limitation at the end of each r in ll drainage ditches impacted h construction, repair, replacement, r operation of the rcv ts. After completion a , or i v t of repair crr lc , the Improvements Contr ctcr must reshape and grade, and sod if lic ! , drainage is to correct and per condition r i Director. If the drainage ditch is concrete ther ill be no grading, etc., but the itc repaired its previously existing condition s determined by the it c r. If there is y erosion of roadway or private property to loss of xi tin vegetation l n the s of the r i ditches, or from any other condition iri the it along the vc I Easement Area caused y Grantee relocating, i Ili operating, repairing, and replacing the Improvements, r n s resolve the s issue with the individual owners, including aII costs ss ci t ed with resolution. Damages to structures. If there is ny damage to riv y , culverts, head walls, and any other structure, public or private, caused r relocating, installing, o r i , repairing, and replacing Improvements, Grantee us resolve issue it individual owners, including ll costs associated with resolution. Equipments and materials. Grantee may not store r leave overnight any ui or material in City property. Grantee's equipment r stock pile of ri ! on private property, r on City right-of-way duri s not obstruct the vision of vehicles or pedestrians for 500 feet either direction from street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, other aesthetic features on the street right-of-way i r , the Director may specify and t of tree removal, tr ri i , Revocable Easement Agreement(Rev=d.8/97) Texstar Midstream Utility,LP Page 9 of 1 or replacement, replacement of other aesthetic features, including specifying the f installing the Improvements. it ct r will use due consideration in establishing the value of trees and other aesthetic features i r xi r the r Improvements and any special requirements justiff y the value r other aesthetic features. Testing. ity Inspector r i laboratory testing ill be required, t r, location, and frequency stirs ll testing is at the Contractor's exp . fe t . The City Inspector request ny other conditions may be required o complete this r c in a safe r ls` r. i) Guarantee. Grantee's workmanship and materials must comply with all applicable i Standards and all work must guaranteed by the r r a one-year period from the r t ee provides the reproducible, as- built drawing required y Section 10, to the it ct r. } Notification of Leaks. Grantee must ti it c r of any spills and leaks within the vc l Easement Area within business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements s ills or leaks within the voc I Easement Area. Grantee s r vi de Director a remediation plan complies i l! applicable federal, t t , and local rul regulations the i me of discovery of the leak or spill. The City r may investigate the condition leaks and spills. City use of Revocable t Area. All rights granted Grantee, are subordinate II uses as t i may make of sc vc I t Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas- Restrictions. Grantee is expressly prohibited from sale r distribution of natural gas to consumers, t r industrial, c rci I or residential, xc tr f Power& Light Company), which consumers r located within the city limits the it Corpus Christi as may be amended from time to time. It is x r ssly provided that, as used in this paragraph, the sale of "natural " does not include intercompany s l r transfer by or between two or more business entities of fuel gas or fuel in form consumed in the fractionation, heating, distilling, producing r manufacturing process, of the petro-chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties that no representations r statements, ri or oral, have been made modifying, adding or changing terms r f, and that any party securing this conveyance on behaif of Revocable Easement Agreement(Rev=d.8197) Tex tar Midstream Utility,LP Page 10 of 14 Grantee is without authority to make representation, stipulafion, covenant or agreement not herein expressed. Executed in duplicate this the day of 2013 Revocable Easement Agreement(Rev--d.$197) Tex tar Midstream Utility®LP Page 11 of 14 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI City cr etary Ron L. Olson, City r LEGAL APPROVED S. TO y of 2013 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before i by Ron L. Olson, City Manager, of the € of Corpus Christi, a Texas municipal corporation, on behalf of said r ti na Notary lic® State of Texas Revocable Easement Agreement(Rev--d. 7) TexStar Midstream Utility,LP Page 12 of 14 above GRANTEE The ro foregoing L T is accepted this the 2013, by Gaylon E. Gray, as Vice President of n i ering and Operations fr TexStar Midstream Il GP, LLC, general partner o x t r Midstream Utility, LP, a Texas limited r i , on behalf of said partnership, the Grantee ri , and Grantee r r the conditions i cs the Revocable . TexStar Midstream Utility, L m .w Gaylon E. Gray Title: — is r i rat of Engineering and Operations THE STATE OF TEXAS COUNTY OF C This instrument I edged before me this 2013, by Gaylon E. Gray, as Vice President of Engineering r i,..:i for Tex Star Midstream II , LL C, general r f T t r Midstream Utility, L ,� Texas limited partnership who declared that they executed the serve for the purposes therei stated and with ro r authority to do so. s f F"gyp JACQUALINE SHI ic, State of Texas 4 NOTARY PUBUC, T COMMISSION MY IR£S Revocable Easement Agreement(R �°d.8/97) TexSlar Midstream Utility,LP Page 13 of 14 TEXSTAR MIDSTREAM SERVICES LP. EXHIBIT "A" NUECES COUNTY, TEXAS 50 FOOT WIDE EASEMENT DESCRIPTION February 08,2013 Sheet 2 of 2 DESCRIPTION: EASEMENT A 50 foot wide easement,being twenty five-feet(25)left of and twenty five-feet(25)right of a surveyed baseline as shown on Sheet I of 2 of this Exhibit"A",being situated in the Gregorio Farias Survey,Abstract No.592,Nueces County,Texas,and out of a called 4.92 acre tract of land,described in a deed to the City of Corpus Christi,recorded in Volume 1370,Page 27,Deed Records,Nucces County, Texas(D.R-N.C.T),said 50 foot wide casement being more particularly described along a surveyed baseline by centerline description as follows: BEGINNING(B.O.L)on the Northeast line of said 4.92 acre tract and on the Southwest line of a called 13.963 acre tract of land awarded to The City of Corpus Christi by Judgement,in Cause No.7 1,styled City of Corpus Christi vs.Clyde Jennings and Zelda Jennings,recorded in the Minutes of the County Court of Nueces County Texas,hum which a 518-inch iron rod found for the South comer of said 13.963 acre tract,bears:South 55'47'15"East,a distance of 89.98 feet; THENCE South 02'39'40"East,a distance of 248.27 feet to the Southwest line of said 4.92 acre tract, and the most Westerly Northwest line of a called 18.87 acre tract of land(less 0.98 acre),described in a deed to Charles W.Bickham,recorded in Document 9 1996017928,Official Public Records,Nucces County,Texas(O.PM-N.C.T.),for the END OF THIS DESCRIPTION,and POINT OF EXIT(P.O.E), from which a 314-inch iron pipe found for the South comer of said 4.92 acre tract,bears:South 56'00'15" East,a distance of 752.23 feet. The above surveyed baseline traverses the said 4.92 acre tract for a total distance of 248.27 feet or 15.05 rods,and containing 0.28 acre of land in said easement. All bearings and distances contained herein are grid,based upon the Texas State Plane Coordinate System,South Zone,of the North American Datum 1983,in U.S.Survey Feet. DESCRIPTION: TEMPORARY WORK SPACE: A Temporary Work Space out of said 4.92 acre tract of land,located West of and adjoining the West line of the previously described Easement as shown on Sheet I of 2,containing a total of 0.17 acre of land. Plat of even date accompanies this field note description. OF BRYMT, SR. Topographic Land Surveyors SUR 1400 Everman Parkway Fort Worth,TX 76140 February oa, 2013 Ile oRg Rio ORO Ln NO Dille JS 'ILK 42 Zug ON . . Fife \Mpretect\,councdlexh\pipelinecosernenticnd.dwg f r. € r rr/fir� r x y � r ✓`, r r PROJECT SITE 624 S r€ u j tt r furl r MA Jr t 1 G" r� O r �r� LOCATION MAP r � j r x, NOT TO SGAl o_ v. r ry'. jib y 4rZ D F � r r : r >xr rk`=rrs> wk „f 1 l $ r g 1 a f � n t. f e r a, r REVOCABLE PIPELINE EASEMENT TO CITY COUNCIL EXH1131T TA II75 ► UTILITY, LP CITY OF CORPUS CHRISTI, TEXAS r DEPARTMENT OF ENGINEERING SERVICES G. Pardas Surrey,Abstract No 592 Nueces County, Texas PAGE: 1 of 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: September 17, 2013 Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. THIS ILL BE A DEPOSIT TO THE WATER DEPARTMENT ACCOUNT UPON RECEIPT OF CHECK Amount Required: N/A Account Fund Project Certified Fund Name No. No. Org. No. No Amount Amount Balance Water 302090 4010 30000 707000 707000 Operational X Certification Not Required Director of Financial Services Date: c AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of September 10, 2013 ¢k6RY° Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: 8/30/13 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director of Development Services MarkVV @cctexas.com (361) 826-3897 Approval of agreement and appropriating ordinance to reimburse Kitty Hawk Development, LTD., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer'), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Kitty Hawk Development LTD., will install 415 linear feet of 12-inch water arterial grid main extension to provide adequate water to a proposed residential subdivision. BACKGROUND AND FINDINGS: Per Section 8.5.1.C(1) Credits and Reimbursements of the Unified Development Code ("UDC"), Kitty Hawk Development LTD., is requesting a Reimbursement Agreement for the development of Kitty Hawk Unit 2, as shown on the final plat. The subdivision is located along the south side of South Staples Street and west of Kittyhawk Drive. The development requires the extension of 415 linear feet of 12-inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit C. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential 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 Water Arterial Transmission Grid Main Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,928,492.44 Encumbered / Expended Amount $950,294.18 This item $30,691.40 BALANCE $947,506.86 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement- Water Arterial Transmission and Grid Main Construction and Reimbursement J 6� r t� x N v z z e a,, O,PKWY w LU z O �rf�;df� � �i� ' 214gS3210�d JND1 � , W Z 214�S1MdH.11�l'I>1 - ' kM�1��OS0 S w 214 SIS3W3N ' °0 �# 10 Wflb!N213db�0 a Q w G� �Q- � r 3^ti rznJ° e � Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main 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 water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Kitty Hawk Unit 2, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $30,691 .40 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main 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 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUEC § This Water Arterial Transmission and Grid Main 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 Kitty Hawk Development LTD., ("Developer"), 8230 out Staples, Corpus Christi, Texas 78413. WHEREAS, the Developer, in compliance with the Unifi ed Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Kitty Hawk Unit 11 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Kitty Hawk Unit 11, Developer is required to construct a public waterline in order to record such plat, WHEREAS, Developer has submitted an application for reimbursement o f t he costs of extending a 12-inch waterline from the west property line of Lot 1, Block 2, Kitty Hawk Unit I west fora distance of 415 linear feet in order to extend water grid main along South Staples Street (FM 2444) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline from the west property line of Lot 1, Block 2, Kitty Hawk Unit I west fora distance of 415 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Kitty Hawk Unit 11, Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 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 construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: (1) Install 415 linear feet of 12-inch PVC pipe. (2) Install 415 linear feet of trench safety. (3) Install connection to existing 12" waterline. (4) Install one(1) 12" gate valve and box. (5) Install two (2) 12" cap with test riser assembly. b. The plans and specifi cations must comply with City Water Distribution Standards and Standard Specifi cations. C. 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 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed forte 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 tot City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay tote City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD.vrinal Page 2 of 9 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by September 24, 2014. 6. TIME IS OF THE ESSENCE Time is oft essence in the performance aft is 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 fort preparation of plans and specifications by the 1 Oth calendar day after the date of approval by City Council. b. Developer's professional engineer falls to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract fort construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by it 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 September 24, 2014. 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 oft default, in writing, t o t he defaulting party stating, in detail the nature oft 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 oft default notice ("Cure Period") to cure the default. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Killy Hawk Development LTD vrinal Page 3 of 9 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 above, of the need t o p erform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt o f t he notice, the 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 to 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 maieure" 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 oft 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 (10) business as 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, Arterial Transmission and Grid Main Construction and Reimbursement Agreement Killy Hawk Development LTD,vfinal Page 4 of 9 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: 1. If to the Developer: 2. If to the City: John Bratton, General Partner it of Corpus Christi Kitty Hawk Development LTD. 1201 Leopard Street(7 8401) 8230 out Staples Street P.O. Box 9277 Corpus Christi, Texas 78413 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change of address for notices by giving notice of the change under the provisions o f t his section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer fort preparation of the plans and specifications fort 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 it party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor fort construction oft project, before beginning the work, to execute with Developer and the City a performance on if the contract is in excess of $100,000 and a payment on if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the for and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function oft 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD,vrinal Page 9 of 9 1 . REIMBURSEMENT . Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $30,691.40. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, 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 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 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. ]NDEMNIFICATION DEVELOPER, V FULLY INDEMNIFY, HARMLESS I CHRISTI, I FI , AGENTS,AND ("I I ") AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS SUITS CAUSES OF ACTION OF Y NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY F INJURY OR DAMAGE TO PERSON INCLUDING, WI T LIMITATION ON THE FOREGOI , WORKERS COMPENSATION CLAJMS, OR PROPERTY LOSS OR DAMAGE F ANY OTHER KIND ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT I , BE CAUSED Y, OR BE IN ANY WAY CONNECTED WITH, I PROXIMATELY OR REMOTELY, WHOLLY OR IN L FAILURE COMPLY I ITS OBLIGATIONS I PROVIDE CITY WASTEWATER SERVICE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE IN ANY MANNER CONNECTED WITH, I ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED I L OPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, L CAUSED BY THE SOLE CONTRIBUTORY Li INDEMNITEES OR ANY OF THEM, REGARDLESS F WHETHER THE INJURY, , LOSS, VIOLATION, EXERCISE F RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAJMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT LI Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD,vrinal Page 6 of 9 INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED I FAULT F ANY OTHER PERSON OR ENTITY, A INCLUDING L EXPENSES F LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED ARISE, T OF OR IN I WITH TED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES L CLAIMS, DAMAGES, AND LIABILITIES TV , FORESEEN OR UNFORESEEN, HAZARDOUS UNDER ANY S C LAWS, INCLUDING BUT NOT LIMITED THE FOLLOWING: ( ) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC I TE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE I SUBPARAGRAPH LL INCLUDE T SHALL NOT BE LIMITED FEES CHARGED BY (i) ATTORNEYS, (li) ENVIRONMENTAL CONSULTANTS, (Ili) ENGINEERS, (I ) SURVEYORS, AND (V) EXPERT WITNESSES. ( ) ANY COSTS INCURRED I T LET (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE Y DEVELOPER/OWNER I THIS EE E T, OR (ii) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER F RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE REGARDLESS PROPERTY F WHETHER OR NOT THAT ACTION WAS MANDATED L, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH This Agreement is a covenant running with the land, Kitty Hawk Unit II, 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. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LT®,vgnal Page 7 of 9 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 for attached hereto as Exhibit 5. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN TRIPLICATE originals, *this day of (A 2013. SIGNATURES FOUND ON PAGES 8 and 9. Developer John Bratton, General Partner Kitty Hawk Development LTD. 8230 out Staples Street Corpus Christi, Texas 78413 By:_ John#--r on General Partner THE STATE OF TEXAS COUNTY OF NUECES § This instrument was signed by John Bratton, General Partner, for Kitty HaWAI., Development LTD., and acknowledged before me on the day o 2013. f oUILLERM0 M.MEDINA MY COMMISSION EXPIRES iWary public, State of Texas Mwch9.2D17 Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD,vfinal Page 8 of 9 CITY OF CORPUS CHRISTI: ATTEST: By: By: Armando Chapa Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2013. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, fort City of Corpus Christi, Texas, and acknowledged before me on the day of 2013. Notary Public, State Of Texas APPROVED AS TO FORM: This day of 2013. Marcie Downing Assistant City Attorney For the City Attorney Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD.vrinal Page 9 of 9 �R# wm g Fig- A if imp RBjpuE � c _ to saw. The s,s ri u TVIV z jig E ' o 3 - �, fib � I, 61501 911111N, 11 h al 1 wa list! APPLICATION FOR WATERLNE CREDIT 1,John Bratton owner of Kigy Hawk evelo ent t ,owner and developer of ro ose -Kitty Hawk nit 2 Subdivision,hereby apply for 4.51 credit towards the water lotlacrea e fee for the Grid Main as provided for by City r in ce No. 17092. _ ,8 4.51 _is equal to e required lot/acreage fee and represents a portion of a construction cast, including 7.5%® Engineering, own by a cost porting documents attached erei . J Bratton, Owner (Date) r.�tty Hawk Development, Ltd. THE STATE S }( COUNTY OF NUECES )� This instrument was acknowledged beore me on c ____ -----------------__-_,2 i , by TnV%n r , a Texas Corporation, on behalf of e said corporation. k EM TEE� �► s Notaay Public in and for Nueces County, Texas 16 APPLICATION FOR WATERLM REIMBURSEMENT I,John Bratton,owner of Kitty Hawk Development,Ltd ,owner and developer of proposed _ °tty awk Unit 2 Subdivision,hereby request reimbursement of$ 30,691.4 0_for the installation of a water Grid Main as provided for by City Ordinance No. 17092. Said 30,,691.40 is the construction cost,including 7.5%Engineering,in excess of a lot/acreage fee,as shown by the cost supporting documents attached herewith. 94'&ak _ ' = _. --�'John Bratton, Owner (Date) Kitty Hawk Deveiopment, Ltd. THE STATE S )( COUNTY OF CF )( This instrument was acknowledged before me on ,2 by _ _ a Texas Corporation, on behalf of the said corporation. DIANA C. RA IR Z Notary Public,state of Texas y cammr ssicn Expires October 12, 2013 Notary Public in and for ueces Co y, Texas CERTIFICATION The information submitted with is application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. Director of n ineerin Services (Date) (City Engineer) Exhibit 3m C14 133HB WUULL T- 4 ffi AAEVZSUNn Tow mmm %ON WrA zza CL oil ubtt LL 55so 111 ''' Hili lie fm b oil V con z :5 Cal_ can z Not co w V ad C) CNO D 0 C cw LU z Co co Ani duxj LU Nil a 8 Ili hfb Rpm I b I b 9 MI hoe B aN N I !� AMHnS 31HdVH5OdOi 4 C4 n t t E T Z S.LiNn CM w$pa XMVH CD cc ° - - - C. ° y ' - 4 o- m se • $ r4 71,#[ ar 6 t Y®W @ r B F F c e a a ro w PB®®@is®8 Bgy ®� eB f..*� '�r�®�'g a:r a p°•• - a-0 °48 a m "a. •�a •4. °'w.'�,„ a e B C a e r^ 6 e ®°g a rB•ga® � B®ii @p§ 0 i 6 w k *�o t r a'e a®a B �w / �•e 8a a °* a�a ray g B 8 o All Illn g A I 6 gy 6 I -g,Ia gg`o- lH L cq ou z sJe Nn �a i� nil ®r ® w m d ce) C s e m E x - , w al p ma °�am R67 .. e y E i NVId ONINVIS Z JJ n ISM )VAM AUDI c v z sjjNn j 9"1 R.A Y4 P s MIN a mm E 9 'gi 1 z® Mi. fea �A 8 °6 e � m � r i x rn. NWId SNDNTS CAM LO tun CL A Evil fill 0,i 9 e 0 At Lill, E0- NI, N� NVId ONDWIS C T Z S.UNn (0 eju xmvH A1.Ux 07 6 as co (a logo a ® Cf) vq x bras robs «---- -- Bb M-k ----------------- ---------------- ® 4d Z UNn \• 8a E z sire 46 CL t x m Id It b d .,. k 'via! r rt A t8 BNRMD T SNIAWd q® min r xMVH AUM co e O CL Fri o r�P E° gr Rr r' r a 0 ffi� r�r e' � 6 E r e s s a r ' r r fr spa i� r r P$ M e� w�� N. Rom", I?Jvkj a s z S.UNn _ of i33H% ps — +sz °vts hart IH3m — °: c� CL �. r to e t 0 h � rL.0 vn ° nl ° t oil A I w 1 it 1 9 r� ecc�5s Wit I N I f � �1 1 1 6 4��'83�•8"� 1 LU I gg �•: ah Me ° I 1 1 N W t .g 1 1 14 a Z 3 1 1 Y 1 li 1 F" a E13 v—a ®aa � 1 3 1 t 1 t ° a � 1 1 1 1 .8 , 1 . 1 C14 3113OHd T NVId 13NNYHO NOISu3ma e 9 z simn q- 46 XMVH AUJ51 0 wZ!g —.-a w V hd Id low 4m .............— ILI 1W ............... ............................................................... DOWN SNrM H3iVM 9 9 SMNn C 2 Z SIM as Y.MVH Alum co to CL oil ME Z41Y ® .a E v Z suNn 5LMVHAIM ! CD IL F7 t � - .® 2e Jill 1, d 0 d 9 ! py t 0 M E r n m q 6 KITTY HAWK UNITS 11&IH UNIT PRICE BASIS OF BID PART A-GENERAL MEM DESCRIMON QUA. rM' INrr VNITPRICE AMOUNT Al Goneval&Mobilizalion,evirploic and in place pet Lurie Sam I LS 5 41,08130 S 42.081.50 AZ Pay &Peffninstance BatWs,complete and in place pet Lump Sum, N/A Ls NIA NIA A3 Sumo waler PulWirm PrevAnathin Plan,cumilildc and in place per Limp Sam. I LS S 5U6rO49 S 5110 00 A4 Ortme Action Days,complete mid in place per Day I DAY 5 1. on S I. 01) A5 Consnuction Eirrince,ctimplen:and in place per Each. NIA EA N/A N/A A6 Sill Fence,complete and in place per Linear Fota. 15M LF S 305 5 7,625.00 TOTAL PART A-GENERAL $ 51,206-50 PART B-KITTY HAWK UNIT 11 EARTHWORK rM%I DESCRIMON QUMVnTV UNrr UMPRICE ANIMINT 81 Cicat and Grah,ctimplea:and in piece M Acre. 4.6 AC S 1395100 S 7,337.996 B2 SIWI EXCAV`Kian°14=9 Spoils an Uft,CoMP109 and in place pet[Ulde.Ywdr 331 CY S 370 S L221470 113 Channcl'X Excavation.Place Slmil%tin Lus,complete in place per Cubtv Yard 11.8 No CY S 305 1 5 26,87050 B4 Ditcreigin Channel Excavmfitin,Place Spoils tin Adjacent Beim 1,546 CY S 360 S 5156560 85 tail Grading(Enthankrisna - Includes Spirading Street and Chnand W excavadkot mannial.Am Lu5l. 9,061 CY S 155 5 23.10555 complor and in place per Cubic Yale]. 86 Channel°A'Berm JErnhankment.Includes Sptradias Claannei'A cxvivalkin ittalcrial Am Beirinh complete NIA CY NIA N/A -1 and in place prr Cubic Yard. 137 Diversion Channel Bann(Emb art kincor-Includes Spreading Diversion Chamad excavation material on 18 cm).complete and in plat per Cubic Y"d. 1,626 A CY S 265 S 4,3(Yd 90 $11 Site Finish Grading 4.6 AC 5 1.22500 5 5,635-9X9 H9 Chamnel'x R &Berm Wood Cellulose Fiber llydvrAvd Re-Vegaafion(DAvtNas Include Cominned 4,386 SY S 105 S 4,605.3U Instering),complain in place per Square Yard RH) Relocale Existing Rock Rip-rap,complete=it in place par Lump Sam. En I LS S 9,485.00 S 9,485.00 TOTAL PART R-ICI HAWK UNIT 11 EARTHWORK $ 89,13735 PART C-KITTY HAWK UNIT H STREET IMPROVEMENTS PENC its MON QuANTITY MIT UNrF PRICE ANIOL14T Subgradc Preparation.including 8'Lines Siabiliacd Suhgrj&-(I'D 0 C),complete and in place M Square I,I t5 SY 5 8.60 5 9,847.M Su 8"Type A,Grale I Crushed,Liffiesume Base pff TOOT Std.Spec Item No.247 JJ 8.0 C complete C2 1,145 Sy S 16.70 5 19,121.5x9 and in Place per Sqtiam Y"d. C3 Prime Coal a)1 Galions/Syl,complete and in Place Per Gallon. 229 GAL S 680 S 1.557.246 C4 Z"Typc 7DAINIAC,onniplele and in place M Sq na Yard. LOW Sy 5 16.115 5 111,51H." TOTAL PART C-KITTY HAWK UNIT 11 STREET IMPROVEMENTS 5 t9 043,65 LFGAI.I)F_qCPIPTI6N- Kitty Hawk Unit!,being 5.267 acres out or a 298.716 acre tractor land out or the South Half or Section 31 and the North Half or Section 32,Laureles Farm Tracts,a map or which Is recorded In Volume 3,Page 15,N12p Records of Nueces County,Texw. Engineering-Survcying RVE,Inc. rBPE Firm Reg.No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O. Box 2927,Corpus Christi,Tcxws 78403-2927 phone:361. 137,885 1 fax:361,887.8855 e-mail:rve@rve-ine.com website: wwvv.rvc4nc.conl Exhibit4 Pagel of 4 KITTY HAWK UNITS II&IH UNIT PRICE BASIS OF BED PART D-K1 17Y HAWK UNIT II WATER IMPROVEMENTS rm%l DESCRIMON QUA NM'Y UNrr UsaTPRICE AMOUNT D I 6'C%AjPV`C%'atcdinc(Incl Ifirtrtungal and Vertical Bendsl,complele and in place per Unearrimit. 470 LF S 32.55 S 15,29850 D2 Conricel its Existing 6'Walct line.conip1clo anti in place per E -h. I EA S 1,95445 5 1,954 45 D3 6"Gate Volvo as Dimi;crimplete and in place per Earn. I EA S 1.56353 S 136355 D4 6"45*Rend I EA S 65150 S 65150 635 6"'22,5°Rend I EA S 65150 S 65150 D6 12"itl2"x6"Tcr I EA S I'M2.35 5 1,042.35 D7 11"im Ilydrato AsseniNy(Inc] 6"x6'Tee.6"GV&B and 6'D I Uad),canifskic and in pljcc isci h. I EA S 5,472.45 S 5,47245 D81New Shunt Diruble Water Scnicc(Incl.hicter Bux,bsta Nis House CminoctinriAleter) complete and in place I EA S 1,303 95 5 130295 M Each. D9 New lac& pk Ling QhlcWtncrSvmcc(Ind. ",rMletc and its placc I EA S 1,563.55 5 1,56355 1perl - DID I EA S 781 Be 5 78180 TOTAL PART D-KITTY HAWK UNIT 11 WATER IMPROVEMENTS ----------30,282.60 PART E®ICI HAWK UNIT It OFF-SITE WATER IMPROVEMENTS rmT_ DrscuirrioN QUM"I[V vNrr VINI'MICE AMOUNT El 12"C900 PVC Waterline flmL hirfizarnal and VrAcall Hcralo.Vita laic and in ptxo per Linear rosin. 415 LE 5 32 lu S 21;621 50 Ml Tooth Safety,currilikic and in place per Ussear R�,n. 415 LF S 2.60 5 1,079.00 E3 Ctnr ct to Existing 12'Watedine,consploic and in place per Elach. I EA S 2,34535 5 2,34535 FA 12"Gate Valse&Box,ctimpk9c and irt place per Each I EA S 3,90990 5 3,90890 E5 12'Test Riser Asscirnrly.consplere and in ptacc pff Exit. EA S 1,04235 S 2,08470 TOTAL PART E-KITTY HAWK UNIT 11 OFF-SITE WATER IMPROVEMENTS S 31,039.45 1XV.ALIMSCRIPTION. Kitty Hawk Unit 2,liteing 5.267 acres out of a 298.716 acre tractor land out of the South Half or Section M and the North Half at Section 32,Laureles Form Tracts,a stamp or which is recorded In Volume 3,Page 15,Map Records of Nueces County,Te=. Engineering®Surveying RVE,Inc. TBPE Finn Reg,No.F-2037 820 Buffalo St-,Corpus Christi,Texas 7840142216 a 111.0. Box 2927,Corpus Christi,Texas 78403-2927 phone:361.887.8851 Fax:361.887,8855 c-rna&rvc@rve-inc,corn websile:www.rve-inc.com Exhibit4 Page 2 of 4 KITTY HAWK UNITS II&III UNIT PRICE BASIS OF BID PART F-KITTY HAWK UNIT III EARTHWORK DESCHIMON fptf,4la UNFT L141'rPRICE AMOUNT I'l Clem and Grub,anuplele and in place per Acre. 4.4 AC 5 1,595.00 5 7,01900 P. Existing Cal ek.sac Demolition,complete 636 SY S 750 S 4 77O8191 F3 Surer Excavatkm.place Spuils on raus,curnplete and in place per Cubic Yard. 59 CY 5 370 5 2111-311 F4 Channel'A'E=4vaturn,Place Sisuils on Lans,cuniplea:in place pet Cubic Yard JU,939 CY S 3.05 S 33,363.95 F5 Lm Gracing(Ea binkincrti -Includes Spreading Street and Channel W excavation nus2coal on LA110. 10.998 CY S 2.30 S 27,495.00 complete and in place M Cubic Yard, F6 Charind'A'Berra(Emb=knwal®Includes Spreading Channel Wexcevalion nualefial am Bennl,,complete NIA CY NiA NIA and in place per Cubic Yard. F7 Site Finish Gtading 4.4 AC S 1225.00 S 5,YDIMM Watering)..Cla n lBuiki&Berm WKA Collulow Fiber kiydrmcrd Re-Vegetation(Dars A°®t Include Continued 4,957 SY 5 Lou S 4,957.00 F8 one a cumplLic in place M Square Yard F Relocate '�' 9 Relocate Existing Back Rip-rap.ccanplele and in place per Unip Sam NIA LS NfA NIA TOTAL PART F-KnTY HAWK UNIT III EARTHWORK S 93,212.25 PART G-KITTY HAWK UNIT III STREET IMPROVEMENTS DESCRIMON QUANnTY UNIT V%Irr PRICF AMOUNT 01 Subp-Adc 1reparalion including N'Lime StabiFjrd Subgraik(I'B O.C.),co fete and in place per Square LU79 BY 5 910 S 9,818.90 Yard 02 It-Type A.Grade I Crushed,Unsomorw Hass pet TxDOT Std.Spec.hem No.247(I'B OC) cumplete 1,079 SY S 17.20 5 183511.1181 and in place per Square Yard. G3 Man,Coal(0 2 Gallons/M.complcu;and in place per Gallon. 216 GAL S 7.25 S 136610 ---F----------I G4 12-Type'DAINIAC,cat Cede and in place peer Square Yud. 1,8836 5 17,819.281 TOTAL PART G-KITTY HAWK UNIT III STREET IMPROVEMENTS $ 47,76190 PART H-KITTY HAWK UNIT III WATER IMPROVEMENTS DESCRIMON QUA NTM VNIT UNITMICE A%IDU%-r 111 6'C9M PVC Waterline(Incl.Iturizurital and Vertical Bends)clanpleirand in Place pet Lutcar Rkrt' 153 LF S 3240 5 5,022.00 112 Connect ut Existing 6"Waterline,cminplele and in place per Each. I EA S 1,94490 S 1.94490 113 Fire llydram Assembly(luel.6'%6"rm,6"GV&B and 6"D.1 Lead l,complent and in place per Each I EA S 5,44565 S 5,445.65 114 6"ht!Cap in place per Eac:-h I EA S 77795 S 77795 115T._11M.W—lifle(NMI.Horizontal said Vertical Bends),complete and in place peer Lotear Rmn 500 LF 5 1945 5 9,72500 116 2"Coapwatiun Mup,cirmplese and in place per Each. 2 EA S 51965 5 11037 30 117 M"x 2"Scr%itc Sawle I EA 15 97245 5 972.45 Ila Now Long Duuble Water Service(Incl.Juener Bnx,but No house complele and in place EA S 1,555.90 S 3,111.110 per Each. IN Z'Test Riser Assembly,complete and in palace per Each I FA 5 64930 S 681130 HIO 6"test Rim Asscritbly,cumplere and in place per Each I FA 5 77795 5 77795 TOTAL PART H-KITTY HAWK UNIT[if WATER IMPROVEMENTS $ 29,46330 I.E_CALDF-SCRIPTIOM Kitty Hawk Unit 2,being 5.267 acres out or a 298.716 acre tract of land out of the South Half or Section 31 and the Norlh"air or Section 32,Laureles Farm Tr2cls,a map of which Is recorded in Volume 3,Page 15,Map Records or Nueces County,Texas. Engineering-Surveying RVE,Inc. TBPE Firrn Reg,No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O.Box 2927,Corpus Christi,Texas 78403-2927 phone:361 M7.885I gi fax:361.887.8855 e-mail:rvc@rve-mc,com websitc:www.rve-inc.com Exhibit 4 Page 3 of 4 12" WATER MAIN EXTENSION COST ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12"0900 PVC Waterline(Inc].Horizontal and Vertical Bends), 415 LF $ 52.10 $ 21,621.50 complete and in place per Linear Foot. 2 Trench Safety,complete and in place per Uncar Foot. 415 LF $ 2.60 5 1.079.00 3 Connect to Existing 12"Waterline.complete and in place per Each, I EA S 234535 S 2.345.35 4 12"Gate Valve&Box,complete and in place per Each. I EA S 3,908.90 S 3.90890 5 12"Cap with Test Riser Assembly,complete and in place per Each, 2 EA 5 1004135 S 1084 70 6---FymentBond I LS $ 380,00 $ 380.00 Sub-Total®12"Water Main Extension $ 31,419A5 7.5%Engineering Fee S 2,356,46 TOTAL- 12" Water Main Extension $ 33,775.91 Lot/Acreage Fee(See Exhibit 2a-Application for Waterline Credit) $ 3,084.51 Waterline Reimbursement(see Exhibit 2b-Application for Waterline Reimbursement) $ 30,691.40 LEGAL DESCRIPTION: Kitty Hawk Unit 2,being 5.267 acres out of a 298.716 acre tract of land out oft a South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records or Nueves County,Texas. Engineering®Surveying RVE, Inc. TBPE Firm Reg,No. F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O. Box 2927,Corpus Christi,Texas 78403-2927 phone: 361,887,8851 fax:361,887.8855 e-mail:rvc@rve-inc.com website:www.rve-inc.com Exhibit 4 Page 4 of 4 City of Corpus ChrlstL Texas Depanment of Development Services P.O.Box 9277 City of Corpus Christi,Texas 78469-9277 (36()826_3240 Corpus Located at: 2406 Leopard S GEEMEW ME= 4" (Comer of Leopan]SL and Port Ave.) momaw Uhn*sti N10011111111111001411001101 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or fi rms 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, Kitty Hawk Development, Ltd. STREET: 8230 Staples Street CITY: -Corpus Christi ZIP: 78413 FIRM is: E]Corporation Partnership F]Sole Owner E]Association F] Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A 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 61 flrm 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 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: John Brafton Title: Owner (Print) Signature of Certifying Person: Date: -2- KADEVELOPMENTSWS'SHAREDILAND DEVELOPIIE-r NKA NCE ADNI INIS--" nk'A DO WATION FORNISIYORMS AS PER LEGAU2012-01NCLOSURE OF INTERESTS STATENIENTI.27 12 DOC Exhibit 5 Page I 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 rrofessional, industrial or commercial and whether L established to produce or deal with a product or service, inc uding but not limited to, entities operated in the for 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". Le al o r e quitable 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. Page 2 of 2 Exhibit se cc AGENDA MEMORANDUM �¢k6RY First Reading Ordinance for the City Council Meeting of September 10, 2013 Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: August 26, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager— Business Support Services WesP@cctexas.com (361) 826-3082 Reestablishing Industrial Districts and authorizing City Manager to execute Industrial District Agreements for a ten year period. CAPTION: Ordinance authorizing the reestablishment of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts; reserving and preserving all rights, powers and duties of the City Council; authorizing the City Manager, or designee, to execute Industrial District Agreements by and between the City and various property owners located within the extraterritorial jurisdiction of the City. PURPOSE: Ordinance reestablishing Industrial Districts within the City's extraterritorial jurisdiction (ETJ) and renewing agreement with new terms with the Industrial District Partners for a ten year period, from January 2015 until December 2024. BACKGROUND AND FINDINGS: As a mechanism to encourage economic development and expand the local tax base, Section 42.044 of the Texas Local Government Code, authorizes cities to negotiate with industry for a payment in lieu of annexation in designated Industrial Districts. Since adoption of the first agreement in 1981, the City of Corpus Christi has maintained Industrial Districts, either renewing or renegotiating terms continuously for the past three decades. The most recent renewal of the agreement with the Industrial District Partners was adopted by the Council in 2004 and is set to expire at December 31, 2014. In October 2012, the City began work on a more comprehensive contract for the next renewal of the Industrial District Agreement. The City team conducted four months of fieldwork, which consisted of cleaning up billing issues, making contact with other cities to research best practice language and conduct comparative financial analysis. The team also produced cost benefit analysis of what annexation would mean, should the Industrial District Agreement not be renewed. Prior to entering negotiations, City Council and Staff agreed on four primary goals: keeping the contract simple, clear, fair but competitive, and ensuring a contribution from the Industrial District Partners toward citywide street maintenance. Discussions with the Industrial District Partners kicked off in February 2013. With 64 separate entities, the City structured negotiations with the top seven largest companies (making up 93% of the value of the Industrial Districts) and two additional seats at the negotiating table for representatives of smaller companies, chosen by Port Industries of Corpus Christi. After nearly 6 months of building consensus on about 30 issues and two rounds of legal review by ID companies and City, the final product being presented has been signed off by the Industrial District Partners and the City of Corpus Christi staff. This renewal of the Industrial District Agreement corrects issues from the prior contract, achieves all four of the goals agreed upon by council and city management, and puts Corpus Christi in fair but competitive position with other Texas industrial districts while promoting economic growth. Once the new master Industrial District Agreement is approved by Council, city staff will move forward to getting Industrial District Partner signed agreements with partners prior to January 1, 2015. ALTERNATIVES: Alternatives included: - Not executing a new contract and collect no payments from the Industrial District Partners; - Not executing a new contract and pursue annexation of land in the Industrial District; - Extend the current contract with the same terms. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: This item conforms to City policies. EMERGENCY/ NON-EMERGENCY: Item requires two readings. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Contract would be effective in January 2015. RECOMMENDATION: Staff recommends approval of new Industrial District Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance- Industrial District Agreement Contract- Industrial District Agreement INDUSTRIAL DISTRICT AGREEMENT NO. THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY", and [Name of landowner], a[State][type of entity], Landowner, and [name of lessee & improvements owner], a [state][type of entity], Lessee and Improvements Owner, hereinafter collectively called the "COMPANY". WITNES SETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and 1 WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non-industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. 2 Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. 3 Section 1.07 Definitions. A. City. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Existing Improvements. In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set forth in Section 3.01 E of the Agreement. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Grandfathered Improvements. Improvements that are in use prior to January 1, 2015 and were progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement. F. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements, Grandfathered Improvements, In Progress and New Improvements. G. In-Progress Improvements. Improvements for which construction has commenced, but which are not Placed in Use, prior to January 1, 2015, or for which government permits related to the construction of an Improvement or the expansion of Existing Improvements have been issued prior to January 1, 2015, but for which construction has not commenced. H. Industrial District. The industrial districts created pursuant to Ordinance No. , a copy of which is attached hereto as Exhibit C and incorporated herein by reference. I. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. J. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. K. Market Value. As determined and defined by NCAD. 4 L. NCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New Improvement. Improvement for which no government permit has been secured and for which construction has not commenced prior January 1, 2015. N. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress (CWIP). O. Prior Industrial District Agreement. Industrial District Agreement by and between the CITY and the COMPANY that expired December 31, 2014. Article 2 Section 2.01 Term. The term of this Agreement shall be ten (10) years beginning January 1, 2015, and continuing until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property)located on the Land equal to sixty-two and one half percent(62.5%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. 5 C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement, then the amount of in lieu of tax payments on Grandfathered Improvements (excluding personal property) shall be phased in as follows: Yr Placed Yr 1 of Yr 2 of Yr 3 of Yr 4 of Yr 5 of Yr 6 of Yr 7 of Yr 8 of Yr 9 of Yr 10 of in Use Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Prior to 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2007 2007 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2008 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2009 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2010 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2011 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 2012 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 2013 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 2014 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% D. In-Progress Improvements. If prior to January 1, 2015, the COMPANY has In-Progress Improvements, the COMPANY may, at its option, choose to have the in lieu of tax payment for said In-Progress Improvements phased in as shown in Section 3.01 C above, or as in Section 3.01 E below. No later than January 1, 2015, COMPANY shall elect an option and must present the City with documentation of government permit or proof of Commencement of Construction. E. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. F. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. 6 G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty 7 (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15%x City Tax Rate =Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof(the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. 8 Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default(or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). 9 Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne 10 equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of(1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. 11 Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent(10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. 12 Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City: Mr. Ronald L. Olson City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-880-3220 Fax: 361-880-3839 With copies to: City of Corpus Christi-City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3105 Fax: 361-880-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-880-3239 If to Company: with copy to: Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and 13 unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. Section 10.07 Most Favored Nations. If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non-industrial district ETJ, or with any company proposing a major new investment within the City's non-industrial district ETJ, as part of the CITY'S economic development program. 14 EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District 15 EXHIBIT B Schedule of Value 16 EXHIBIT C City Ordinance Creating Industrial Districts 17 AN ORDINANCE AUTHORIZING THE REESTABLISHMENT OF LAND AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING AND PRESERVING ALL RIGHTS,POWERS AND DUTIES OF THE CITY COUNCIL; AUTHORIZING THE CITY MANAGER,OR DESIGNEE,TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS PROPERTY OWNERS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City;and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2; and WHEREAS, in order to correct certain boundary issues, the City Council desires to reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1"and"Industrial District No.2";and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Industrial District 1 and Industrial District 2 are herby established as described in Exhibit A attached hereto and incorporated herein. SECTION 3. The City may create new Industrial Districts, and expand or diminish the size of any Industrial District and the City hereby reserves all rights and powers it may have or acquire to revoke in whole or in part the creation of all or any part of an Industrial District, except to the extent that it has agreed not to do so in any industrial district agreement. SECTION 4. The City Council approves and authorizes the entering of contractual obligations with property owners in within the extraterritorial jurisdiction of the City in substantially the form as shown in the document which is attached hereto and incorporated herein as Exhibit B. The City Manager, or his designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. ATTEST: THE 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 , 2013,by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013,by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED,this the th day of .2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor EXHIBIT A Boundaries of Industrial District 1 and Industrial District 2 Corpus Christi Industrial District No. 1 Approximately 9,775 Acres within Nueces County,Texas,outside the city limits of the City of Corpus Christi and generally bounded on the southwest by the northeast right-of-way of Interstate Highway No. 37,on the north by the south shoreline of the Nueces River and Nueces Bay,on the West by the East right-of-way of Carbon Plant Road(Joe Fulton Corridor)from Interstate Highway No.37 to McKinzie Lane and the north right-of-way of Mckinzie Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison Wastewater Treatment Plant and along the east property line of the City's Allison Wastewater plant from McKinzie Lane to the Nueces River. 1) BEGINNING at the northeast corner of Tract"B",Nueces View Tracts as recorded in Volume 28, Page 64 of the Map Records of Nueces County,TX,same being the northeast corner of the City's Allison Wastewater Treatment Plant; 2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest comer of Block 1,Lot 150 of the Porto Bello Subdivision as recorded in Volume 47,Pages 144-145 of the Map Records of Nueces County,Texas; 3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the southwesterly comer of Lot 1,Block 1; 4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City Limits of the City of Corpus Christi; S) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue"F" intersects the northerly right-of-way line of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of Lot 1,Block 174 of the Brooklyn Addition as recorded in Volume A,Page 32 of the Map Records of Nueces County,Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly comer of Lot 11: B) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly corner thereof; 9) THENCE northeasterly along the northwesterly right-of-way line of Avenue"H"to a point on the northerly boundary line of a 6.19 Acre Tract of land known as Tract"A"of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract"A"to the northwesterly corner thereof; 11)THENCE southwesterly along the westerly boundary of said Tract"A"and the continuation thereof to the southerly right-of-way of Burleson Street; 12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue"F"; 13) THENCE southwesterly along the centerline of said Avenue"F"and the extension thereof to a point on the original City Limit line as surveyed by C.F.H.Von Blucher in August,1883; 14)THENCE westerly along said original City Limit line to the northwest corner thereof, 1S)THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre tract annexed by City Ordinance 11022441; 16)THENCE around said 13.602 acre tract: 531°41'45"W a distance of 1257.54'to a point on the northwesterly right-of-way line of the Missouri Pacific railroad; 561°27'47"E along said right-of-way a distance of 290.36' 561°23'34"E continuing along said right-of-way a distance of 175.07' 531 015'00"W crossing said right-of-way a distance of 130.06'to a point; 561°23'3("E a distance of 87.35'to a point; 531°41'45"W a distance of 159.95'to a point; 558 018'15"E a distance of 416.24'to a point on said original City Limits; 17)THENCE southerly continuing along said original City limit line to the north corner of a 0.0018 acre tract annexed by City Ordinance#022441; 18)THENCE around said 0.0018 acre tract: S27134'3(Y'W a distance of 16.58'to a point; 558°18'14"E a distance of 9.37'to a point on said original City Limits; 19)THENCE southerly continuing along said original City Limit line to a point on the northwesterly right-of-way line of Nueces Bay Boulevard; 20)THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly corner of Tract 1,Pontiac Tracts as recorded in Volume S7 Page 64 of the Map Records of Nueces County,Texas; 21)THENCE around said Tract 1: N55 055'12"W a distance of 300.09'to a point at the northerly comer thereof; 531015'00"W a distance of 171.81'to an angle point therein; 534°59'12"W a distance of 98.43'to a point at the westerly corner thereof,being on the northeasterly boundary line of the Baymoor Addition as recorded in Volume 4,Page 42 of the Map Records of Nueces County,Texas; 22)THENCE northwest along the northeasterly boundary line of said Baymoor Addition to the northwest corner of lot 205,same point being a northerly comer of Tract"H"of the Pontiac Tracts as recorded in Volume 55,Page 135 of the Map Records of Nueces County,Texas; 23)THENCE 522 042'30"W along said Tract"H"a distance of 31.49'to an angle point therein; 24)THENCE northwesterly crossing Buddy Lawrence Drive and Oak Park Avenue to a point on the northeasterly boundary line of Lot 7,Block 2 of Oak Lawn Addition as recorded in Volume 5, Page 27 of the Map Records of Nueces County,Texas,same point being at the southeast terminus of Naokes Street as shown on Plat of Harbor View Estates recorded in Volume 5,Page 4B of the Map Records of Nueces County,Texas; 25) THENCE northeasterly along the easterly boundary line of said Harbor View Estates to the northeasterly corner thereof; 26)THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the extension thereof,partially along the centerline of Gibson Street,to a point on the west right-of- way line of Poth Lane; 27)THENCE northeasterly along the west right-of--way line of Poth Lane to the northeasterly corner of land of Magellan Terminal Holdings,LP as described in Documents#2004020907 and #1999033783 of the Official Public Records of Nueces County,Texas; 28)THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to a point on the southerly right-of-way line of the Missouri Pacific Railroad; 29)THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line of said Magellan Terminal Holdings,LP to a point; 30)THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings,LP to a point where the northwesterly boundary line of Country Club Place as recorded in Volume 4,Page 3 of the Map Records of Nueces County,Texas,meets the northerly right-of-way line of Interstate Highway 37; 31)THENCE northwesterly along said northerly right-of-way to Its intersection with the northeasterly right-of-way line of Up River Road(Shell Road); 32)THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly comer of Lot 3,Navigation Heights Annex#3 as recorded in Volume 40,Page 119 of the Map Records of Nueces County,Texas; 33)THENCE around said Lot 3: N36 017'2("E a distance of 177.95'to a point at the northeasterly corner thereof; N53038'3D"W a distance of 186.97'to the northwesterly corner thereof; 518°33'30"W a distance of 176.57'to the northeasterly right-of-way of Up River Road; 34)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly right-of-way line of Cantwell Lane; 35)THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary line of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract"D" (unrecorded plat) 36)THENCE northwesterly across said right-of-way and along the northerly boundary line of said 3.37 Acre Tract(tax 103875-0003-0140)to the northwesterly corner thereof; 37)THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F.H.Kaler Partition as shown on plat thereof recorded in Volume 9,Page 58 of the Map Records of Nueces County,Texas,to a point on the northeasterly right-of-way line of Up River Road; 38)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly extension of a right-of-way to a 1 Acre tract of land out of lot 1,Block 1,Coastal Javelina Addition as recorded in Volume 54,Page S6 of the Map Records of Nueces County, Texas,said 1 Acre tract described by metes and bounds in City Ordinance#028451; 39)THENCE southwesterly across said Up River Road and along said easterly right-of-way line to the north boundary line of said 1 Acre tract(not platted,see tax ID 1661-0001-0012 and Document #2013013372 of the Official Public Records of Nueces County,Texas); 40) THENCE easterly,southerly,westerly,and northerly around said 1 Acre tract to the southerly right-of-way serving said tract; 41)THENCE westerly along said southerly right-of-way line to the west boundary line of said Lot 1, Block 1; 42)THENCE northeasterly along said west boundary line of said Lot 1,Block 1 and the extension thereof to a point on the northeasterly right-of-way line of Up River Road; 43)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of County Road 52A; 44)THENCE southwesterly across said Up River Road and along said westerly right-of--way line of County Road S2A to its terminus; 45)THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohler Tract of the Dunn Tract and described in Document#2004014391 of the Official Public Records of Nueces County,Texas,to a point on the northwesterly boundary line of Block 8,Academy Heights Unit 1 as recorded In Volume 26,Page 85 of the Map Records of Nueces County,Texas; 46)THENCE southwesterly along said northwesterly boundary line of Academy Heights Unit 1 and along the northwesterly boundary line of Academy Heights Unit 2 as recorded in Volume 42, Page 188 of the Map records of Nueces County,Texas to a point an the northerly right-of-way Tine of Interstate Highway 37; 47)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeasterly boundary line of Lot 1,Block 3 of the Interstate Industrial Complex as recorded in Volume 32, Page 36 of the Map Recoded of Nueces County,Texas; 48)THENCE around said Lot 1: N00°39'47"E a distance of 300.00'to a point at the northeasterly corner thereof; N80 051'25"W a distance of 519.65'to the northwesterly comer thereof; 500°44'41"W along the east right-of-way of Corn Products Road a distance of 200.00'to the northerly right-of-way of Interstate Highway 37; 49) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way line of Interstate Highway 37 to the southwesterly boundary line of lot 15,Block 1 of the Interstate Industrial Complex Unit 1 as recorded in Volume 34,Page 24 of the Map Recoded of Nueces County,Texas; SO)THENCE northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly boundary line of Lot 16,Block 1 of said Interstate Industrial Complex; 51)THENCE northeasterly along the southeasterly boundary Tine of said Lot 16 to the southeast comer thereof; 52)THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19; 53)THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 54)THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of-way of Interstate Highway 37; 55)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 56)THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly right-of-way line of Up River Road; 57)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly comer of Lot 1,Block 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52,Page 83 of the Map Records of Nueces County,Texas; 58)THENCE around said lot 1: 50f26'W a distance of 437.96'to a point at the southwesterly corner thereof; 554 044'45"E a distance of 172.72'to the southeasterly comer thereof; N01026'W a distance of 507.96'to a point on the south right-of-way line of Up River Road; 59)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described in Document#200100777 of the Official Public Records of Nueces County,Texas; 60)THENCE around said tract southerly,southeasterly,and northerly,crossing Up River Road to a point on the north right-of-way thereof; 61)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Southern Minerals Road; 62)THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 63) THENCE northwesterly along said right-of-way line of interstate Highway 37 to the southerly comer of lot 7,Block 1,Goldston Addition as Recorded in Volume 55,Page 87 of the Map Records of Nueces County,Texas; 64)THENCE around said Lot 7 northerly,westerly,and southerly to a point on the north right-af- way line of Interstate Highway 37; 65)THENCE northwesterly along said right-of-way line of interstate Highway 37 to the easterly right-of-way line of Hunter Road; 66)THENCE northerly along the east right-of-way line of Hunter Road to the southwesterly corner of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100-0300); 67) THENCE easterly along the south boundary line of said tract to the southeast comer thereof, 68)THENCE northerly along the east boundary line of said tract and along the east boundary line of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100.0200); 69)THENCE northwesterly and westerly along the north boundary line of said tract to the east right- of-way line of Hunter Road; 70)THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the south right-of-way line of Up River Road; 71)THENCE southeasterly along the south right-of-way line of Up River Road to the northwest comer of Lot 3,P.V.Alexander as shown on Volume 34,Page 18 of the Map Records of Nueces County,Texas; 72)THENCE southwesterly along the west boundary line of said Lot 3 to the southwest corner thereof; 73)THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary line of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100-0000); 74)THENCE easterly along the southerly boundary line of boundary line of a tract of land described in Document 112012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272- 0100-0400); 75)THENCE northerly along the east boundary line of said tract and crossing Up River Road to a point on the north right-of-way thereof, 76)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Hunter Road; 77)THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to Its intersection with the north right-of-way line of Interstate Highway 37; 78)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeast corner of Lot 1,Block 1,Hunter Industrial Park as recorded in Volume 43,Page 128 of the Map Records of Nueces County,Texas; 79)THENCE northerly along the east boundary line of said Lot 1 to its intersection with the south right-of-way line of Up River Road; 80)THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west right-of-way line of Suntide Road; 81)THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 82)THENCE southeasterly crossing Suntide Road to the intersection of the east right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 83)THENCE northerly along the east right-of-way line of Suntide Road to the southwest comer of an unplatted tract of land described in Document#946716 of the Official Public Records of Nueces County,Texas(Tax ID 0267-0002-0000); 84)THENCE around said tract easterly,northerly,and westerly crossing Suntide road to a point on the west right-of-way line thereof, 85)THENCE southerly along the west right-of-way line of Suntide Road to the northeast corner of West End Heights as recorded in Volume 15,Page 4 of the Map Records of Nueces County, Texas; 86)THENCE around said West End Heights: 589035'W a distance of 574.53'to a point at the northwest comer thereof, 500°2S'E a distance of 927.92'to the southwest comer thereof,being on the northeast right-of- way of Up River Road; 87) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3715); 88)THENCE southerly,crossing said Up River Road,and along the east boundary line of said unplatted tract to the southeast corner thereoF, 89)THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document#978850 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3710)to the southwest corner thereof; 90)THENCE northerly along the west boundary line of said tract and the east boundary line of Tuloso Road Subdivision as recorded in Volume 13,Page 23 of the Map Records of Nueces County,Texas to the northeasterly corner thereof; 911 THENCE northeasterly crossing Up River road to the southeasterly corner of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County, Texas(Tax ID 0265-0040-0100)to the southeast corner thereof; 92)THENCE northwesterly along the northeasterly right-of-way of Up River Road to its intersection with the northerly extension of the westerly right-of-way of Tulosa Road; 931 THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1,Block 1, Covington industrial Tracts recorded in Volume 46,Page 11 of the Map Records of Nueces County,Texas; 94)THENCE around said Covington Industrial Tract: 500 003'14"W along the westerly right-of-way line ofTuloso Road a distance of 487.74'to a point at the southeasterly corner thereof; N66008'W a distance of 363.81'to the southwesterly corner thereof, N00°03'14"E a distance of 505.18'to a point on the southeasterly right-of-way of Up River Road; 951 THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly comer of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3920); 961 THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 97)THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-0410)to the southwest comer thereof; 981 THENCE southerly along the easterly boundary line of an unplatted tract of land described in Document#2004031460 of the Official Public Records of Nueces County,Texas(Tax ID 7946- 0000-3641)to the southeast comer thereof; 991 THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract to the southwesterly corner thereof; 100) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document#2004031460 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-4030)to the northwest comer thereof; 101) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document#2007056023 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3505); 3102) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast comer thereof; 103) THENCE northwesterly along the northeasterly right-of-way of interstate Highway 37 and the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document#2007056023 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3510)and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 8057-0000-0011)to the southwest corner thereof; 104) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 80S7-0000-0100)and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 8057- 0000-0010)to the northwest corner thereof; IDS) THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way line of Renfrow Lane; 106) THENCE northeasterly along the westerly right-of-way line of said Renfrow Lane to its Intersection with northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0271-0042-0000); 107) THENCE westerly,southwesterly,northwesterly,and southwesterly to a point on the northeast right-of-way of Up River Road; 108) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southeasterly comer of Lot 1,Block 1,Tecolote Tract as recorded in Volume 55,Page 100 of the Map Records of Nueces County,Texas; 109) THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0266-0140-0100); 110) THENCE easterly,northeasterly,westerly and southerly to the northeast corner of said Tecolote Tract; 111) THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described In Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0266-0010.0305)to the northwest corner thereof; 112) THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right-of-way of Up River Road; 113) THENCE northwesterly along the northeast right-of-way line of Up River Road to its intersection with the westerly right-of-way line of Hearns Ferry Road; 114) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast corner of Lot 7,Awkerman Garden Lots as recorded in Volume 4,Page 38 of the Map Records of Nueces County,Texas; 115) THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way line of Up River Road; 116) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner of Lot 6 of said Awkerman Garden Lots; 117) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Hearns Ferry Road; 118) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northerly boundary line of the said Awkerman Garden Lots; 119) THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-of-way line of Up River Road where it meets Interstate Highway 37; 120) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0268 0.0500); 121) THENCE around said unplatted tract northerly,northwesterly,southwesterly,and southerly to a point on the northeasterly right-of-way of Interstate Highway 37; 122) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described In Document #2008047494 of the Official Public Records of Nueces County,Texas(Tax ID 0268-0060-0003); 123) THENCE around said unplatted tract northeasterly,westerly,southwesterly,and southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37; 124) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its Intersection with the easterly right-of-way line of Carbon Plant Road(Joe Fulton Corridor); M) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road(Joe Fulton Corridor)to its intersection with the northerly right-of-way line of Mckinzie Lane; 126) THENCE northwesterly along the northeast right-of-way line of Mckinzie Lane to its intersection with the southeasterly comer of the Allison Wastewater Treatment Plant; 127) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 Island parcels described as follows: Area 1: 2.73 acres out of Lot 2,Block 1,Stateway Subdivision as recorded in Volume 38,Page 80 of the Map Records of Nueces County,Texas. Said 2.73 Acres being further described in Document#2011026606 of the Official Public Records of Nueces County,Texas. Area 2: Beginning at the southeast corner of Lot 1,Block 1,Stateway Subdivision as recorded in Volume 38, Page 12 of the Map Records of Nueces County,Texas; THENCE North 499.57'along the easterly boundary of said Lot 1 to the northeast corner thereof; THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of- way line of Clarkwood Road; THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way line of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way line of Interstate Highway 37 to the Point of Beginning; Area 3: Lot 1,Block 1,Meaney industrial Tracts as recorded in Volume 46,Page 180 of the Map Records of Nueces County,Texas; This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and Is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. to STe,,% --1 � 'OR o J-' ......... Russell D.Ochs -RUSSELL D. 0 R.P.L 5.#5241 • ®524` y.;.'n�. r �L®5L1QVy', N a W � E6 on � v> pQ c na Li i w c o ® C u ti SH V4 w ' U A tw�sorewen�s��ace•e Masoarowwxeawia�uu�a ' t S N� 1 tEi� l iz : -it xAl A'K, lk all Corpus Christi Industrial District No.2 Approximately 4,157 acres of land within Nueces County,Texas,outside the city limits of the City of Corpus Christi and generally bounded on the south by the existing north right-of-way line of State Highway No.44;on the west by the east right-of-way of Farm to Market Road 1694(Callicoatte Road),from State Highway No.44 to Swetlick Road(County Road 44);on the north by the south right-of-way Swetlick Road,from Farm to Market Road 1694 to Farm to Market Road 24(Violet Road)and on the east right-of-way line of Farm to Market Road 24,from Swetlick Road to the north property line of Equistar Chemicals LP,extended westerly to Farm to Market Road 24;on the north by the north property line of Equistar Chemicals LP extended from Farm to Market Road 24 to and along the north property line of Equistar Chemicals LP and extended easterly to the present city limit line and on the east by the present city limit line and the easterly right-of-way line of Rand Morgan Road and being more fully described as follows: Beginning at the intersection of the existing north right-of-way line of State Highway 44 with the existing east right-of-way line of Farm to Market Road No.1694(Callicoatte Road)for the southwest comer of a 15 acre tract out Lot 4 of the W.B.Baker Subdivision of the Cody Partition(Volume 2,Page 16,Map Records of Nueces County, Texas),described in Document No.2007036659 of the Official Public Records of Nueces County,Texas(Tax!O 0376-0000.0400)and for the southwest corner of this District; THENCE,in a northerly direction,with the east right-of-way of Farm to Market Road No.1694 (Callicoatte Road), approximately 8,785 feet to the intersection of said east right-of-way line of Farm to Market Road No.1694 (Cailicoatte Road)with the south right-of-way line of Swetlick Road(County Road No.44),for the northwest comer of a 4.88 acre tract out of Lot 25 of the W.B.Baker Subdivision of the Cody Partition(Volume 2,Page 16, Map Records of Nueces County,Texas),described in Document No.2012000442 of the Official Public Records of Nueces County,Texas(Tax ID 0376-0000-2508)and for the northwest corner of this District; THENCE,in an easterly direction,with the south right-of-way line of Swetlick Road(County Road No.44),at approximately 5,144 feet pass the northeast corner of a 153.4117 acre tract out of lots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition(Volume 2,Page 16,Map Records of Nueces County,Texas),described in Document No.20010158-/41/of the Official Public Records of Nueces County,Texas(Tax ID 0376-0000-2210)and the westerly right-of-way of said Farm to Market Road No.24(Violet Road)and continuing in an easterly direction to the east right-of-way of said Farm to Market Road No.24(Violet Road)for an interior comer of this District; THENCE,in a northerly direction,with the east right-of-way of said Farm to Market Road No.24(Violet Road), same being the west boundary of the Equistar Chemicals,LP 131.49 acre tract,being out of Assessors Map 139, described in Document No.2005033213,Official Public Records of Nueces County,Texas(Tax ID 0270-0040- 0000),a distance of approximately 2265.0 feet for the northwest corner of said Equistar Chemicals,LP 131.49 acre tract and for comer of this District, THENCE,in an easterly direction,with the north boundary of said Equistar Chemicals,LP 131.49 acre tract and the north boundary of the Equistar Chemicals,LP 333.74 acre tract,being out of Assessors Map 145 and out of Tract 12,Survey 412 of the Charles Land,Abstract 854,said 333.74 acre tract described in Document No.19980376- /30/,Official Public Records of Nueces County,Texas(Tax ID 0276-0120-M),a distance of approximately 6,050 feet to the intersection of the north boundary line of said 333.74 acre with the City of Corpus Christi city limits line,for the northeast comer of this District; THENCE,in a southeasterly direction,with the above-mentioned City of Corpus Christi city limits line,at approximately 4,840 feet pass the approximate center of McKinzie Road and continuing in a southeasterly direction,with the above-mentioned City of Corpus Christi city limits line,a total distance of approximately 15,290 feet to the intersection of said city limits line with the existing west right-of-way of Rand Morgan Road,same being the east boundary of a 187.47 acre tract out of Lots 1 thru 4,Block 403 of the Rowena Shaefer Land (Volume 3,Page 17,Map Records of Nueces County,Texas),described in Document No.2008044422,Official Public Records of Nueces County,Texas(Tax ID 7911 210'and for a comer of this District; THENCE,in a southerly direction,with the existing west boundary of said Rand Morgan Road,same being the east boundary of said 187.47 acre tract,a distance of approximately 645 feet to the intersection of said west boundary of Rand Morgan Road with the existing north right-of-way line of State Highway 44 for the southeast comer of said187.47 acre tract and for the southeast comer of this District; THENCE,in a westerly direction,with the existing north boundary of State Highway 44,at approximately 7,900 feet pass the approximate center of McKinzie Road,at approximately 18,100 feet pass the approximate center of Farm to Market Road 24(Violet Road',in all a total approximate distance of 73,208 feet to the Point of Beginning and containing approximately 4,157 acres of land. This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. a,a D 0,L �P�G®T�RF'�.q Russell D.Ochs R.P.L.5.#S242 C ®9a 5241 �af`.'•Q` 9�®SIiRV�yO rr^^ o E h �w mot;, r va ,a U a� u 0 Q tV O Zl r f„ v s 2� r t y. N a 1!fNl¢M. EXHIBIT B Industrial District Agreement INDUSTRIAL DISTRICT AGREEMENT N . THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the"CITY",and [Name of landowner], a[State][type of entity], Landowner, and [name of lessee&improvements owner], a [state][type of entity], Lessee and Improvements Owner,hereinafter collectively called the"COMPANY". WI TNESSETH: WHEREAS,it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY;and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2;and WHEREAS, in order to correct certain boundary issues, Ordinance No. reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts,and for this purpose, desires to enter into this Agreement with the COMPANY;and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044,Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation.The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY fiuther covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term"industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term"industry"as defined above,the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty(60) days of being notified by the CITY of the determination of a non-industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%)of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or(2)to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation;nor shall the CITY extend,by ordinance, any rules,or regulations, including,but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within(60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services.During the term hereof,pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Cam fiance with City Rules and Re ulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY fiuthher agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. Section 1.07 Definitions. A. Cam.As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements)at the primary site of the eligible project has begun. C. Existing Improvements. In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set forth in Section 3.01 E of the Agreement. D. Extra Territorial Jurisdiction(ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Grandfathered Improvements. Improvements that are in use prior to January 1, 2015 and were progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement. F. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements, Grandfathered Improvements, In Progress and New Improvements. G. In-Prouress Improvements. Improvements for which construction has commenced, but which are not Placed in Use, prior to January 1, 2015, or for which government permits related to the construction of an Improvement or the expansion of Existing Improvements have been issued prior to January 1,2015,but for which construction has not commenced. H. Industrial District. The industrial districts created pursuant to Ordinance No. , a copy of which is attached hereto as Exhibit C and incorporated herein by reference. I. industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. J. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. K. Market Value.As determined and defined by NCAD. L. NCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New Improvement. Improvement for which no government permit has been secured and for which construction has not commenced prior January 1,2015. N. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress(CWIP). O. Prior Industrial District Agreement. Industrial District Agreement by and between the CITY and the COMPANY that expired December 31,2014. Article 2 Section 2.01 Term. The term of this Agreement shall be ten (10) years beginning January 1, 2015, and continuing until December 31,2024,unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the tern hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property)located on the Land equal to sixty-two and one half percent(62.5%)of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the C=limits. C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement, then the amount of in lieu of tax payments on Grandfathered Improvements (excluding personal property)shall be phased in as follows: Yr Placed Yr 1 of Yr 2 of Yr 3 of Yr 4 of Yr 5 of Yr 6 of Yr 7 of Yr S of Yr 9 of Yr 10 of in Use Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Prior to 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5°/0 2007 2007 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2088 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2009 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.50% 2010 340/a 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2011 260/, 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 2012 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 2013 12% 19% 26% 34o/a 42% 50% 58% 62.5% 62.5% 62.5% rota 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% D. In-Progress Improvements. If prior to January 1, 2015, the COMPANY has In-Progress Improvements, the COMPANY may, at its option, choose to have the in lieu of tax payment for said In-Progress Improvements phased in as shown in Section 3.01 C above, or as in Section 3.01 E below.No later than January 1, 2015, COMPANY shall elect an option and must present the City with documentation of government permit or proof of Commencement of Construction. E. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. F. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit,on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal,the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement,the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor,under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 COMDany Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof,it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute,the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty(30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30)days after said final determination.Any non NCAD related billing disputes shall be resolved by the CITY within ninety(90)days from the bate notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company,or its successor. (Calculation: Market Value of Improvements x 15%x City Tax Rate=Fire Protection Fee) Section 3.06 Calculation of Amount Due.The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty(30)days prior to the Due Date defined in Section 3.07 below,and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1,Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof(the"Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including,but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY(where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100%of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured.Thereafter, the COMPANY will be afforded sixty(60)days within which to cure the alleged default(or,if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, wilI not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten(10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default,then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages;provided however,this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Proverty. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F,which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased,rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its Iimits the Land or property,the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above,the COMPANY shall have the option of(1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted,prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY;or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation,then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety(90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30)days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent(50%)or more of the stock having the right to vote for the election of directors; or(2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c)of the Internal Revenue Code of 1954,as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent(10%)of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severabitity. In the event any word, phrase, clause, sentence,paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word,phrase,clause, sentence,paragraph,section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement.This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto,shall be mailed or delivered as follows: To the City: Mr.Ronald L.Olson City Manager City of Corpus Christi 1201 Leopard P.O.Box 9277 Corpus Christi,Texas 78469-9277 Phone:361-880-3220 Fax:361-880-3839 With copies to: City of Corpus Christi-City Secretary 1201 Leopard P.O.Box 9277 Corpus Christi,Texas 78469-9277 Telephone:361-880-3105 Fax:361-880-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O.Box 9277 Corpus Christi,Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-880-3239 If to Company: with copy to: Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County,Texas. Section 10.05 Counterparts.This Agreement may be executed in multiple counterparts,each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument,which may be sufficiently evidenced by one counterpart. Section 10.06 Authority.By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms,covenants and conditions contained herein. Section 10.07 Most Favored Nations. If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non-industrial district ETJ, or with any company proposing a major new investment within the City's non-industrial district ETJ, as part of the CITY'S economic development program. EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District EXHIBIT B Schedule of Value EXHIBIT C City Ordinance Creating Industrial Districts SC o° AGENDA MEMORANDUM Future item for the City Council Meeting of September 10, 2013 2 Action item for the City Council Meeting of September 17, 2013 �s�� Y 9 p DATE: September 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebCcDcctexas.com (361) 826-3169 Gustavo Gonzalez, Director of Water Operations g ustavogoCo?cctexas.com 361-826-1874 Pump & Motor Repairs CAPTION: Motion approving a service agreement with Smith Pump Company, Inc., Woodway, Texas, based on best value, in accordance with Request for Proposal BI-0120-13, for an estimated annual expenditure of $664,260 of which $553,550 is budgeted in FY 2013/2014. The term of the agreement will be for one year and will automatically be extended for up to two additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013/2014. PURPOSE: This service will provide the repairs necessary to ensure the pumps and motors at the O. N. Stevens Water Treatment Plant and in the City's distribution system are in good working order. BACKGROUND AND FINDINGS: Large-volume pumps and motors are used at the O. N. Stevens Water Treatment Plant to move raw water into and treated water through the City's potable water system. Ensuring this equipment is properly serviced and repaired, when necessary, is integral to the proper operation of the Plant and to providing the City with a clean, safe and dependable potable water supply. ALTERNATIVES: Continue to secure these services on a repair-by-repair basis. However, this alternative results in City personnel costs and delays in repairs associated with obtaining bids. This agreement will eliminate those costs and delays by securing the services under contract. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $700,000.00 $110,710.00 $810,710.00 Encumbered / Expended Amount $73,214.13 $0.00 $73,214.13 This item $553,550.00 $110,710.00 $664,260.00 BALANCE $73,235.87 $0.00 $73,235.87 Fund(s): Water Comments: The $553,550.00 financial impact shown above represents ten (10) months of payments that will be encumbered through the end of this fiscal year. The remaining $110,710.00 for the last two (2) months of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Summary Evaluation Matrix Service Agreement U Z W Z p = O U 0 0 0 0 0 0 Q o � N (O r- O � N � N 0 O co co N 'L W U J to W Q X o W U O 0 0 0 0 � 0 co J LO O O °O LO co X M 7 O O O 4 U' ~ CO O (D O Z N L +L-+ 0 U Q _ v) CL W U O 0 .2 H m U O > z 0 0 0 0 0 0 CL O N 0 ° 0 N 0 U M N N O o~0 w p = � N CL Cj) > co U 2 O a� EL E O O O O O O u M M M O O N cc CO r O N M L r � O N N C O +o O i CO � (j m 0 Z o +± cn co Q c O •- U a -a � U U � � co cn U p Q C a) Q d O L O 07 !° c O ? L cc LL LL Q W cu L ° a� E N O O = U(n 0 Q U O 0 p ,U U SERVICE AGREEMENT PUMP AND MOTOR REPAIR SERVICES Service Agreement No. THIS PUMP AND MOTOR REPAIR SERVICES Agreement (this "Agreement") is entered into by and between SMITH PUMP COMPANY (the "Contractor') and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide PUMP AND MOTOR REPAIR SERVICES in response to RFP No. BI-0120-13 which is incorporated and attached as Exhibit A; 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 PUMP AND MOTOR REPAIR SERVICES in accordance with RFP No. BI-0120-13 and for the fees set out as follows: TO BE DETERMINED. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one-year thereafter. The term includes two (2) one- year automatic extension periods. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all has of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the O.N. Stevens Plant Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent Contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant a r e mployee of the Contractor be considered an employee oft e City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the City of Corpus Christi Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement byte Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion oft e City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31'), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. 1311-0120-13, or the Contractor's proposal in response to RFP No. BI-0120-13 waives any subsequent breach oft same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out o f t his Agreement is the law of Texas and such for and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the or performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the O.N. Stevens Plant Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees o f t he Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees tote same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. 1311-0120-13. Failure to keep all insurance policies in force forte entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice o f t he breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement on twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty- four (24) hours' written notice tote Contractor for failure to pay or provide proof of payment of taxes as set out herein. 2 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (115) as of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, an delivery or certified mail, postage prepaid, and is received on the day faxed or an and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: O.N. Stevens Plant Mgr. P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Anw. Twwr ffow Address: �tA--B 10v�m4L- City,State,Zip LODMU3,V 1% 701'4- 17. Month-to-Month Extension. If the it has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions o f t his Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE 3 OR ANY OTHER KIND , INCLUDING ALL EXPENSES OF LITIGATION,. COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS m ARISE OR ARE CLAIMED m IN m WITH AGREEMENT OR THE PERFORMANCE OF THIS , REGARDLESS OF WHETHER THE INJURIES, CLAIMED m m NEGLIGENCE INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE INDEMNITEES UNMIXED WITH . CONTRACTOR MUST, AT ITS , INVESTIGATE ALL CLAIMS DEMANDS, ATTEND TO THEIR mm , DEFEND ALL ACTIONS m SATISFACTORY INDEMNITEES AND ALL OTHER COSTS AND EXPENSES OF ANY KIND mm SAID m m m f LOSS, CLAIMS, ACTIONS. INDEMNIFICATION OBLm m m SECTION SHALL SURVIVE m m TERMINATION m SIGNED this 17 day of 20 t Contractor: ee CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of in ncial Services Incorporated by Reference: Exhibit e RFP No. BI-01 ®1 Exhibit a Pro poser's Proposal Cyr 0 � AGENDA MEMORANDUM �oPO�a EO Future Item for the City Council Meeting of September 10, 2013 1852 Action Item for the City Council Meeting of September 17, 2013 DATE: September 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebp_cctexas.com 361-826-3169 Carlos Valdez, City Attorney carlosv cctexas.com 361-826-3360 Workers' Compensation Third-Party Administrator Services CAPTION: Motion approving a service agreement with York Risk Services Group, Inc. of Corpus Christi, Texas for workers' compensation third-party administration services, in accordance with Request for Proposal Number BI-0063-13, based on lowest responsible proposal, for an estimated one-year expenditure of $329,290, of which $301,849.17 is required for FY13/14. The term of the service agreement will be for one year with an option to extend for up to three additional one-year periods subject to the approval of the service provider and the City Manager or designee. This service will be used by the Risk Management Division of the Legal Department in administering the City's workers' compensation claims. Funding is available in the Liability and Employee Benefits Workers' Compensation Fund for FY13/14. PURPOSE: This service provides administrative services of all of the City's workers' compensation claims. BACKGROUND AND FINDINGS: The City of Corpus Christi is self-insured for workers' compensation exposures. The Third-Party Administrator (TPA) is responsible for the management of all services required in the administration of workers' compensation claims. Services include but are limited to; claims administration, investigation, bill review, pharmacy, case management, coordination of peer reviews & designated doctor and pre-authorization (pre-certification). In addition to claims administration and coordination of ancillary services, the TPA is contracted to provide statutorily required workers' compensation benefits to City employees. The TPA stores claims data electronically, thus allowing Risk Management to generate analytical reports which illustrate specific trends. The reports are used to identify the types of injuries that are occurring, the amount paid on injuries, high risk areas, training needs, etc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The City received proposals from 1-2-1 Claims of Helotes, Texas and Texas Political Subdivisions, JSIF of Dallas, Texas. Both firms have been deemed as non-responsive for failure to meet the minimum requirements of the RFP. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,793,053.00 $27,440.83 $2,820,493.83 Encumbered / Expended Amount 0 0 0 This item 1 301,849.17 1 27,440.831 329,290.00 BALANCE $2,491,203.83 0 $2,491 ,203.83 Fund(s): Liability and Employee Benefits Workers' Compensation Fund Comments: The $301,849.17 financial impact shown above represents eleven (11) months of payments that will be encumbered through the end of this fiscal year. The remaining 27,440.83 for the last one (1) month of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi RFP -Workers' Compensation Third-Party Administrator Services Purchasing Division Price Sheet Senior Buyer: Elisa Covington Request for Proposal No.: BI-0063-13 Council Date: September 17, 2013 York Risk Services Group, Inc. TRISTAR Risk Management, Inc. Corpus Christi, Texas Corpus Christi, Texas Workers' Compensation Claim Fees $209,540.00 $232,094.65 Administration Fees $119,750.00 $138,000.00 Total Award $329,290.00 $370,094.65 Note: The City received proposals from 1-2-1 Claims of Helotes,Texas and Texas Political Subdivisions,JSIF of Dallas,Texas. Both firms have been deemed non-responsive for failure to meet the minimum requirements of the RFP. SERVICE AGREEMENT WORKERS' COMPENSATION THIRD-PARTY ADMINISTRATOR SERVICES Service Agreement No. THIS WORKERS' COMPENSATION THIRD-PARTY ADMINISTRATOR SERVICES A-reement (this "Agreement") is entered into by and between York Risk Services Group, Inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide WORKERS' COMPENSATION THIRD- PARTY ADMINISTRATOR SERVICES in response to RFP No. BI-0063-13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide WORKERS' COMPENSATION THIRD-PARTY ADMINISTRATOR SERVICES in accordance with RFP No. BI-0063-13. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one year thereafter. The term includes an option to extend for up to three additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. The Contractor shall represent the City in dealings with third parties, such as claimants. The Contractor will retain allocated loss expenses vendors, such as defense counsel, on behalf of the City. Therefore, Contractor shall be deemed the agent of the City for the sole and limited purpose of serving as the City's Workers' Compensation Third Party Administrator as set forth herein and to the extent of the authority granted herein. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Risk Manager will be given at least thirty (30) days' notice, by certified mail, of 17 cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31'), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI-0063-13, or the Contractor's proposal in response to RFP No. BI-0063-13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Risk Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. 131-0063-13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 18 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor York Risk Services Group, Inc. Contact Jody GrU, Senior Vice President & Peter Lind, Senior Vice President Address: 99 Cherry Ijill Road City, State, Parsippany NJ 07054 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (11INDEMNITEES") 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 A 19 RISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 23 day of April, 2013. Contractor York Risk Services Group, Inc. Jody Gray Title: Senior Vice President CITY OF CORPUS CHRISTI ("CITY" Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI-0063-13 Exhibit B: Proposer's Proposal. 20 { AGENDA MEMORANDUM ¢k6RY Future Item for the City Council Meeting of September 10, 2013 1852 Action Item for the City Council Meeting of September 17, 2013 DATE: August 12, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Use of Permanent Art Trust funds to complete sculpture installation and identification CAPTION: Motion to approve an $9,920 expenditure from the Permanent Art Trust Fund for expenses related to fabrication, re-installation, and identification of Chin art sculpture at the American Bank Center on the Corpus Christi Bay Front. PURPOSE: To approve Arts and Cultural Commission's recommendation to use Permanent Art Trust Funds for the fabrication and re-installation of a sculpture by Mel Chin at the American Bank Center on the Corpus Christi Bay Front. Also included are identifying plaques for each of the 5 sculptures. BACKGROUND AND FINDINGS: In December 2012, one of the 5 sculptures titled "Untitled History" by Mel Chin was vandalized as someone had stolen a portion of the sculpture by forcibly prying it off its base (see attachment). The artist agreed to re-create and install the missing portion of art for $8,800. Also recommended by the Arts and Cultural Commission are installation of 4 additional bronze plaques ($1,120) so that all of the 5 sculptures are properly identified. As per municipal code, disbursements from the Permanent Art Trust Fund are recommended by the Arts and Cultural Commission to the City Council for approval by motion. The Arts and Cultural Commission voted to recommend using Permanent Art Trust funds to fund the fabrication and installation of the Mel Chin art repair at their April 9, 2013 meeting, and the recommendation for the bronze plaques at their August 13, 2013 meeting. ALTERNATIVES: Do not approve funding request. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council action is required for use of Permanent Art Trust funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget 9,920 9,920 Encumbered / Expended Amount This item BALANCE 9,920 9,920 Fund(s): Community Enrichment Fund 4720 —Permanent Art Trust Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Attachments — Photo of vandalized art by Mel Chin; 5 sculptures by Mel Chin. ATTACHMENT A-1 Agreement with artist Mel Chin to replace one element of original artwork that was stolen Dfj t } � l '" �✓ r ,rim G t sw S � ��r � ts� a. #I �� r xy>�. '�' ,*m-r u f � ,r � ;' 1t r 3 c r" r�,c � � r,✓ f �a��s ATTACHMENT A-2 MEL CHIN,Artist "Untitled History" � � (American Bank Center outdoor areas) The five works depict the heritage of Corpus Christi. t, 6, d The mail torso refers to ,yfK a famous African American cowboy from Texas. ll The dress is a reference to the Irish immigrants who settled in the area. lo The gauntlet references the early Spanish explorers. 4r °, �t t"iJ �J i5is¢I n ry rktr,G,irttg€�r�, z<,r uzlrt� �r{��sl�,,,.1��1sjs'�f�9rlr,rr.��,;,�r�,��tz.JW nJr!�l a s; � �ry� �-, �� 3�s� ✓ The dog who waits at his masters feet is an homage to the Karankawa Indians,the coast's first inhabitants. The name Karankawa is generally thought to mean dog-lovers or dog- The hard hat refers to the current raisers. active oil production. se cc AGENDA MEMORANDUM ¢k6RY� Future Item for the City Council Meeting of September 10, 2013 ss Action Item for the City Council Meeting of September 24, 2013 DATE: August 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 Professional Services Contract Water Conservation Outreach CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of $30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the Water Conservation Outreach project. BACKGROUND AND FINDINGS: Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon Reservoir. Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Even with the three reservoirs, the City still faces drought conditions. The City adopted a Drought Contingency Plan in June 2013 as part the Water Resource Management Ordinance. Stage 3 — Severe Water Shortage Condition will be implemented when the combined storage levels decline to below 30%. Combined storage levels are currently less than 35%. The Water Department has identified opportunities to educate the community on the value of water conservation. This initiative will leverage existing outreach efforts and develop new strategies to increase awareness of the importance of water conservation with the goal of minimizing water consumption to increase combined storage levels. This Amendment allows dlo Three Dimensional Development, LLC to continue current efforts and develop concepts for additional community outreach. ALTERNATIVES: 1. Execute the Contract amendment for Professional Services with dlo Three Dimensional Development, LLC as proposed. 2. Do not execute the Contract amendment for Professional Services with dlo Three Dimensional Development, LLC as proposed. OTHER CONSIDERATIONS: Stage 3 - Severe Water Shortage Condition is anticipated to be initiated in October 2013, provided current drought conditions continue. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Operating Budget. Three Dimensional Development, LLC was selected based on qualifications, wide working knowledge of applicable project fundamentals and understanding of project requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2013-2014 Expenditures (2013-2014) Line Item Budget $48,500.00 $34,317.00 $82,817.00 Encumbered / Expended Amount $48,500.00 $48,500.00 This Item $30,000.00 $30,000.00 Future Anticipated Expenditures This Project $4,317.00 $4,317.00 BALANCE $0.00 $.00 $0.00 Fund: Water Operating Comments: The amendment Contract for Professional Services will result in the expenditure of an amount not to exceed $30,000.00. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of $30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Water Conservation Outreach PROJECT FUNDS AVAILABLE: Water Operating ... ... ... ......... ............. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. $82,817.00 FUNDS REQUIRED: Original Contract (dlo Three Dimensional Development, LLC)... ... ... ... ... ... ... ... . $48,500.00 Amendment No. 1 (This Amend.) (dlo Three Dimensional Development, LLC)... $30,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... ... . $1,177.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... ... ... ... ... ... ... ... ... .. $1,766.00 Finance....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. $981.00 Misc. (Printing, Advertising, etc.)..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $393.00 TOTAL... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $82,817.00 PROJECT BUDGET BALANCE............................................................... $0.00 CITY OF CORPUS CHRIST[ AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and dlo Three Dimensional Development, LLC, hereinafter called "3DD," agree to the following amendment to the Contract for Professional Services for Water Conservation Outreach (Project No. E12217), as authorized and amended by: I Original A/E Agreement I December 17, 2012 1 Administrative A roval 1 $48,500.00 EXHIBIT "A", DELIVERABLES shall be amended to include continued efforts and development concepts for additional community outreach as specified in the attached Amendment No. 1 Exhibit "A". EXHIBIT "A", TIMING shall be amended as specified in the attached Amendment No. 1 Exhibit "A". EXHIBIT "A", COST shall be amended as specified in the attached Amendment No. 1 Exhibit "A", for a revised fee not to exceed $30,000.00 (Thirty Thousand Dollars and Zero Cents), for a total restated fee not to exceed 78,500.00 (Seventy-Eight Thousand Five Hundred Dollars and Zero Cents Monthly invoices shall be submitted in accordance with Amendment No. 1 Exhibit "B". All other terms and conditions of the December 17, 2012 contract between the City and 3DD will remain in full force and effect. CITY OF CORPUS CHRISTI dl THREE DI SIONAL DEVELOPMENT, LLC Mark Van Vleck, P.E., (Date) Debbie LindseOI56i V e (Date) Interim Assistant City Manager for 700 Everhart Road, Suite G-11 Public Works & Utilities Corpus Christi, Texas 78411 (361) 854-1300 Office RECOMMENDED dlo@3ddresults.com Daniel Biles, P.E (Date) Director of Engine , trvices M 9 O"tin e m6fhf (Date) ENTERED APPROVED 2013 Office of Management and Budget (Date) CUill RAU I MANAGER Project No. E12217 Fund Source No. 530()00-4()10-30020-E122.17 ATTEST Fund Name: Water 01?erg!Ln-q Encumbrance No. Armando Chapa, City Secretary AMEND. NO. I Pa e1 of.1 MENGWEERING DATAEXCHANGE�JENNIFERkWATERkEl2217 WATER CONSERVATION UTIATIVEMENDMENT NO.1=NTRACT\CONTRACT.DOCX Submitted by: d10 Three Dimensional Development,LLC THREE DIIMENSIO AL 700 Everhart,Suite G-11 DEVELOPMENT Corpus Christi,Texas 78411 nven e Connect 361,854.1300 dto@3ddresults.com Debbie Lindsey-Opel August 26,2013 President AMEND.N4.1 EXHIBIT"A" Page 1 of 4 Contents Overview.. ...................... ......... ......................................................................................... ......... . . .........3 Deliverables ...................................... . ............ ..—.........................,. ...........,.,..,,......,.................... ..........3 Timingand Cost.... ......... ............................................................. ...... .......................................... ...........4 AdditionalInformation................... ................................ ................................... ....... ..................... ...........4 loThree Dimensional Development,L.L.C. 700 Everhart,Suite G-11 Corpus Christi,Texas 78411. (361)854-1300 dlo 3ddresults.co m Water Department Outreach 8/26/2013 Page 2 of 4 AMEND.NO.1 EXHIBIT"A" Page 2 of 4 2 6 Overview The Corpus Christi Water Department continues to manage the implementation of the updated Water Conservation and Drought Management Plans adopted by the Corpus Christi City Council. Deliverables 3DD will work with the Water Department staff to continue current efforts and develop concepts for additional community outreach. We will actively participate in meetings for research and input. We will help identify key stakeholders and develop communication tools to reach those stakeholders. Strategy Deliverable Project Cost. DrOLIght Messaging/Facilitation Develop outreach materials for Stages 2 $15,000 and 3 of the drought.This includes facilitating and assisting the Water Department in meetings with key stakeholders and City Staff. Conservation Program Develop outreach strategies and $15,000 Outreach materials to promote and educate the public about conservation programs which would include various media outlets. dloThree Dimensional Development,L.L.G. 700 Everhart,Suite 0-11 Corpus Christi,Texas 78411 (361)854-1300 dloP3ddresults.cam Water Department Outreach 8/26/2013 Page 3 of 4 AMEND.NO.1 EXHIBIT"A" Page 3 of 4 Timing and Cost 3DD is available to begin work immediately. This work is anticipated to be completed prier to March, 2014. Cost for this initiative is$30,000. Additional Information Upon acceptance of this proposal,3DD and the designated Water Department liaison will established activities and work plans to achieve desired outcomes. Debbie Lindsey-Opel will be the principal contact on this initiative. elloThree Dimensional Development,L.L.C. 700 Everhart,Suite G-11 Carpus Christi,Texas 78411 (361)854-1300 dlo@3ddresults.com Water Department Outreach 8/26/2013 Page 4 of 4 AMEND.NO.t EXHIBIT"A" Page 4 of 4 L O € m a Q p 0 0 0 w O C 0 0 0 O M m m 0 0 cq N M V- N E E M i co m °'L a � v d °o °o ° ° 0 °o ° ° p p p 0 °O o 0 a o w V H H HLI) ° ° O H c ° � g0oo � °� mmm ° 0 • I- I- T ie 69� 0, Mi. 69 a — _ � ° ouo 0000pppo Lc) C) °n - � m m m � U) N E •50 r Q = 0 0 0 0 Co O O 1- O 1- P' LU ++ O O u! O U) O N N m m m d O et d7 U 0 0 Iti RA N O H H I.. Z Qi M M Od N OQ N O Ei1 EA d3 H cr) V III N 0 0 6 0 N � ° � 0 � 69- ° N m m m N tCN N ti d Z Z v Z N O N F- H I— N CO CO r 6 T EA LU > 10 600� � r = a IL o o O 2 °Et3 0 ° ° O tf? N ° in m m N O N N O O O c `= I— H F— `= o T- V Q _ •r O Co O O Op pO O O p p p O O O O 0 0 t°p tLo O 0 m lm— Co Q 0 0 0 C � N N � 6% N fA O Ul V m L d V U. 4)a. O N 04 m (a co �a O c E rn '� '' o +_ a� c m 0 0 E v °� O IA L i a o a � oS U m a maomvcn CL 3: EF0cncn 0 c 1— AMEND. NO. 1 EXHIBIT"B" Page 1 of SUPPLIER NUMBER TO BE ASSIGNED BY—C'TTY--- PUR61-1ASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons car firms seeking to do business with the City to provide the following information. Every uestion must be answered. if the question is not applicable, answer with IFINA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: din Three Dimensional Development,LLC P. 0.BOX: STREET ADDRESS: 700 Everhart Rd., Suite 0411 CITY: Corpus Christi ZIP: 78411 FIRM IS 1. Corporation 2, Partnership 3. Sole Owner E] 4. Association N 5. Other e' DISCLOSURE QUESTIONS If additional space is necessaq, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus CSristi having an "ownership interest"constituting 3% or more of the ownership in the above named "firt-n." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 31% or more of the ownership in the above named "firm." Name Title All jj- 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 33%or more ofthe ownership in the above named "firm." Nam Board, Con-11111 s j 11 Qonlmi tee 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 M Consultant FILING REQUIRE,MENTS 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: Debbie Lindsey Copal Title: President (Tytsc or Print) �i Signature of Certifying � � _ I{ Date: 9 12 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 fill] 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. \Mprgject\councilexhibits\exhE1221'7.dwq / v. l / ji / J %%/ /li`� / r ill / � / / i✓ /l art ",` / Ro //p / i .. / /, �d$ �6 ,c •.a. / i it rr f a / r / , ✓ � ,� ��(57512 pw J��y / ,' f % 3/ / ! // ,- %%,';��' �;,; ::,': ,. ;,., �"''` .,"��� �fjZ.✓� �„s`s7l lrr li LOCATION MAP NOT TO SCALE' PROJECT#El 2217 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS WATER CONSERVATION OUTREACH DEPARTMENT OF ENGINEERING S£RWC S PAGE: 1 of 7 SC 0 o° AGENDA MEMORANDUM First Reading for the City Council Meeting of September 10, 2013 NaRa©Rp, Second Reading for the City Council Meeting of September 17, 2013 DATE: September 4, 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 Construction Contract for Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway NAVAIDs (Navigational Aids) project in the amount of $857,863.80 for the Base Bid plus Additive 2. PURPOSE: To award the construction contract, Base Bid and Additive Alternate #2, for the Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids. BACKGROUND AND FINDINGS: Runway 17-35 is under currently under construction to provide safety improvements for runway air traffic. Work includes extending the runway to the north and displacement of the threshold at the southern end of the runway. The existing taxiways will be reconfigured to complete the project and provide a safer condition for traveling aircraft. This proposed project includes the construction of a service road to the Navigational Aids located on Runway 17-35, as required by the Federal Aviation Administration, for improved access and general maintenance. The Base Bid includes construction of access drives to the relocated Runway 17/35 Navigation Aids. This work will include asphalt paving, Concrete paving, rock base installation, grading, and minor drainage improvements. Additive Alternate No. 1 is comprised of the construction of the East General Aviation Apron Extension. This work will include concrete (PCC) paving, grading, and minor drainage improvements (not recommended with this contract). Additive Alternate No. 2 is comprised of the construction of the perimeter security Gate 10B located west of the main terminal building. This work will include grading, paving, electrical, and security improvements (recommended with this contract). Additive Alternate No. 3 is comprised of the construction of a new wash rack adjacent to the General Aviation Apron Extension constructed in Additive Alternate No. 1. This work will include grading, paving, electrical and utility improvements, as well as the installation of an oil-water separator and connection to an existing sanitary sewer pump station (not recommended with this contract). On August 21, 2013 the City received proposals from two (2) bidders and their bids are as follows: Additive Base Bid Contractor Base Bid Alternate Plus 2 Additive (Gate 10B) Alternate 2 Bay, Ltd. Corpus Christi, Texas $586,528.30 271,335.50 857,863.80 Haas Anderson Construction, Ltd. Corpus Christi, Texas $911,156.05 272,460.20 1,183,616.25 ALTERNATIVES: 1. Award construction contract, Base Bid, with Additive Alternate#2, as recommended. 2. Award Base Bid only. 3. Do not award construction contract (not recommended, Federal Aviation Administration (FAA) grant-funded project). OTHER CONSIDERATIONS: FAA provides funding for 90% of the project's design and construction. This project is to be funded from approved FAA grants. The City's share of the project will come from existing budgeted Airport Capital Improvement Program funding. Construction of the Navigation Aids service road must be completed to meet the October 2013 Flight Check date. Flight Check must be successfully completed prior to reopening Runway 17/35. Runway 17/35 must be operational prior to construction of Runway 13/31, planned for December 2013. Award of Additive Alternate 1 (East G.A. Extension) and Additive Alternate 3 (Wash Rack) are not recommended at this time due to grant funding constraints. These additive alternates will be rebid as part of a future Airport project in November 2013, subject to availability of FAA grant funding anticipated in December 2013. The Contract for Construction and selection process complies with the State Procurement Act and City Policy. Bay, Inc,. the lowest responsible bidder, upon review of qualifications and submitted information, has been determined qualified by the Consultant (KSA). CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2013-14 Aviation Capital Improvement Program, and FAA grant funding authorization. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Future Fiscal Year: 2013-2014 (CIP only) Current Year Years TOTALS Line Item Budget $3,893,000.00 $10,383,000.00 $14,276,000.00 Runway 17-35 Extension Safety Mitigation (Parent Project) 3,893,000.00 9,082,630.57 12,975,630.57 This item 857,863.80 857,863.80 Future Anticipated Expenditures 442,505.63 442,505.63 BALANCE 1 0.00 0.00 0.00 Fund(s): Airport Grants and Airport CIP Comments: This project is No. AV03 in the FY2013-2014 Capital Improvement Program. RECOMMENDATION: City Staff recommend the approval of a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids project in the amount of$857,863.80 for the Base Bid plus Additive 2. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget PowerPoint Presentation c` O } • Cn [� cr) CC LLJ LLJ LLJ ZZ x U � � Z U A A � q O fi X w� 1t �, qE U N �C5 O u ui A( �1 > LCLLI °- CL H > Q _ _j Lu , - a � Z O_ Z � W s U) ui W W cr— co LU Z a w U Z �C5 O Al r U Uj i Cf6 G O - LL � 0 O O 4� o U L U �r 4te1 C:V o c O C/) z U u •I--� ca V U O � O - A C:O cn an M Q U � N � O L a� qE U �C5 O u ui N f- O f� O 00 i O CY) (0 C`) O N N O O N N C O LQ 00 Cy� O 00 q 00 O Cy� Cy� O O (D Chi O O O Co (0 0) T- f�i � O (A (A O O f- (A CY) O CY) (0 00 N r (0 r- 00 00 O tf). 00 V (fl O (0 00 � Co 00 N N O f- NiLO (D L6 r- L6 N NI (D � 00 � ti � In 00 Co In In ti f- LO (A N (A 00 N N N Ef? vrN 0 ui o } C: U L E U) C: (1 O a LL N (6 Y 4—� (U (U C a V a (_ o o a M c a C: O O c a� o 0 n m U Q 0 U)U) LU can o a c V cn cn m a Y U o c c L a� 0 o Y o E m J N J W N J � D v 0) aa) > v o O -p J -0 W Q W ° ai c_' c c a�i a o p O U) O? Q Li � Q (`� m •� iii iii E E � a c/� Q Z a s H Z c c c U) 0) cA c O 4W LL LLQ � � LL � v v v o w � � of v w C) w it PROJECT BUDGET CCIA 17-35 Runway NAVAIDs August 21, 2013 FUNDS AVAILABLE: FAA Grant $ 717,876.21 Airport CIP Funds 582,493.22 Runway 17-35 Extension Safety Mitigation Project Funds 12,975,630.57 TOTAL AVAILABLE:...................................................................... $ 14,276,000.00 FUNDS REQUIRED: Runway 17-35 Extension Safety Mitigation Project Requirements............ 12,975,630.57 Construction Fees: Construction (Bay, Ltd. ) Base Bid plus Add Alts 1, 2, 3 (This Contract)... 857,863.80 Contingencies 10%........................................................................ 85,786.38 Design Fees: Engineering Design (KSA Engineers)* ............................................... 232,329.00 Testing Fees: Materials Testing (Under KSA Contract)**........................................... 51,471.83 Reimbursements: Contract Administration (Contract Preparation/Award/Admin).................. 12,867.96 Engineering Services (Project Mgt).................................................... 51,471.83 Construction Management/Inspection (included in KSA Contract)............ 0.00 Finance Reimbursements................................................................ 4,289.32 Misc. 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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. 6 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. 6 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$641,521.50 for a total restated fee not to exceed $14,370,427.09, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. PURPOSE: To execute Change Order No. 6 for Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway Project with Bay Ltd. BACKGROUND AND FINDINGS: The construction contract for this project was awarded on September 11, 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 Change Order (No. 6) is necessary to reconcile pavement quantity over-runs and under-runs required to complete the project. In determining the bid quantities and pricing, the engineer used 3D AutoCAD to automatically compute the quantities. Some mis-information entered into the program caused inaccurate quantities to be calculated and those quantities were utilized in the bid proposal. This change order will reconcile these over-runs and under-runs and allow the asphalt portion of the project to be completed. This Change Order does not change the design or scope of work of the project, as intended, or the contract plans or specifications. It reconciles paving quantities that were generated by the AutoCAD-3D design program that were utilized on the proposal document for bidding purposes. ALTERNATIVES: 1. Execute Change Order No. 6 with Bay, Ltd. as proposed. 2. Do not Execute Change Order No. 6 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 2013-2014 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Future Fiscal Year: 2013-2014 (CIP only) Current Year Years TOTALS Additional Prior FAA Grant 4,449,081.38 4,449,081.38 Line Item Budget 3,893,000.00 10,383,000.00 14,276,000.00 TOTAL PROJECT BUDGET $8,342,081.38 $10,383,000.00 $18,725,081.38 Encumbered / Expended Amount 8,342,081.38 This item 641,521.50 $641,521.50 Future Anticipated Expenses This Project 8,065,273.54 8,065,273.54 BALANCE 0.00 $1,676,204.96 $1,676,204.96 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026), CIP No. AV 03 Comments: The construction contract will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends executing Change Order No. 6 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $641,521.50 for a total restated fee not to exceed $14,370,427.09, for the Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K:\ENGINEERING\MPRO IECT\COJNCILEXHIBITS\EXHE11046 //,.,di r✓/ r srr> r;j� st/t / t :f i r f , t"P2.:R � rrvr.,/ / r'U;r s' .QU t 1,,; ,fir ?/ r: .f»< r ,,.. '.. x a'' ...m S'3 1.✓ ..,,;,>, > ,.»;,,:: ',<.,'. ;,., .<,. ,.z, ' ✓f �:F� > .,, / ,. �?,",. /l t u<sr 1 ,; >;s,r f -Q /..^' r t/ {//// /, ✓ < .r,>..,) .✓Y'rt l ..r ssr � s S /:. rT / £ Y f f: / ../. r / ,.,,r ;-, .,., ,.,. .rl ,..,,,,,, ,r- ': r{ r�,u,.. },i r a r.r�/ . firs✓r / � �` Sta :r r ✓s r/✓.. , ✓>.st'1 ✓ I,.::, i`�/� c ;s S„r r•Z, :r. ,r ,/ .rf r... rr r;r a ,:,,,;>L; 6 r ,>.,.. •r% } „< ,��f t f f > at f fir? � c r // ✓ -"". 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". .,f, ,`.�!..,"@'�,;s! ..,,..,'//�t Y.>>;'�r`��i»:✓?,U�..:.,.��slil r, ,.,,... .a. �c„ , HWY 44 ACNES RD, olfa CORPUS CHRISTI Lu INTERNATIONAL�r AIRPORT—' PROJECT SITE S C E T BEAR LANE MCGL IN ROAD r LOG�4TION MAP NOT TO SCALE PROJECT#E11046 CCIA RUNWAY 17-35 EXTENSIONIDISPLACEMEN7 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS AND CONNECTING TAXIWAY DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 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 Motion No. 2013-108 Change Order No. 6 $641,521.50 Total All Change Orders $1,529,008.03 11.91%<25% NEW CONTRACT PRICE $14,370,427.09 K:\Engineering\LEGISTAR\8-September 10\CCIA Runway 17-35 Extension and Displacement,Bay CO#6\Change Order Summary.docx PROJECT BUDGET Runway 17/35 Connecting Taxiways Project FUNDS AVAILABLE: Amount FAA Grant............................................................................................. $ 11,896,423.62 Airport CIP Reserves (match)........................................................................ 2,379,576.38 Sub-Total (CIP):........................................................................................ 14,276,000.00 Additional Prior FAA Grant............................................................................ 4,449,081.38 TOTAL PROJECT BUDGET......................................................................... $ 18,725,081.38 FUNDS REQUIRED: Construction (Bay LTD)................................................................................ 12,841,419.06 Change Orders 1 thru 5............................................................................... 887,486.53 Change Order No. 6................................................................................... 641,521.50 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 $ 17,048,876.42 ESTIMATED GRANT BUDGET BALANCE $ 1,676,204.96 *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