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HomeMy WebLinkAboutAgenda Packet City Council - 04/14/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 14, 2015 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 Chaplain Lynne Blackler, CHRISTUS Spohn Health System. C. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert-Anaya, Interim Director of Parks and Recreation. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0354 Proclamation declaring April 14, 2015, "Ben Mostafa Memorial Mural Day" Proclamation declaring April 15, 2015, "80th Anniversary of the CITGO Corpus Christi Refinery Day" Proclamation declaring April 12-18, 2015, "The Week of the Young Child" Proclamation declaring April 17-18, 2015, "1st Annual Fiesta de la Flor Weekend" Proclamation declaring April, "Distracted Driving Awareness Month" Corpus Christi Page 1 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR 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. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-0355 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. I. MINUTES: Corpus Christi Page 2 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 3. 15-0353 Regular Meeting of March 31, 2015 Attachments: Minutes - March 31, 2015 J. BOARD & COMMITTEE APPOINTMENTS: 4. 15-0352 Airport Board Island Strategic Action Committee Parking Advisory Board Attachments: Board Packet - 4-14-2015 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 5 - 17) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 15-0218 Purchase of Patterson Pump Rotor Assembly Motion approving the purchase of one (1) Patterson pump rotor assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $73,655.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. Attachments: Agenda Memo - Pump Rotor Assembly Price Sheet - Pump Rotor Assembly 6. 15-0272 Approving the submission of a grant application to the Texas Department of Transportation Aviation Division for airport maintenance Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant Corpus Christi Page 3 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 and execute all related documents. Attachments: Agenda memo - TxDOT RAMP Grant Resolution - TXDOT Ramp Grant vFinal TxDOT RAMP Grant Application 7. 15-0022 Approving Change Order No. 13 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Motion authorizing the City Manager or designee to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas in the amount of $373,337.25 for a total restated fee of $7,540,461.64, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). Attachments: Agenda Memo - Change Order 13 Bayfront Change Order 13 - Bayfront Dev Shoreline Project Budget - Bayfront Dev Shoreline Relocation CO 13 Location Map - Bayfront Shoreline Relocation CO 13 Presentation - Shoreline Realignment Chg Order 13 and 14 8. 15-0309 Approving Change Order No. 14 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Motion authorizing the City Manager or designee to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas in the amount of $351,776.51 for a total restated fee of $7,892,238.16, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). Attachments: Agenda Memo - Bayfront Dev Shoreline Relocation Change Order No 14 Project Budget - Bayfront Dev Shoreline Relocation CO 13 Change Order 14 - Bayfront Dev Shoreline Relocation Location Map - Bayfront Shoreline Relocation CO 13 Presentation - Shoreline Realignment Chg Order 13 and 14 9. 15-0271 Second Reading Ordinance - Accepting and appropriating the Houston High Intensity Drug Trafficking Area (HIDTA) grant (1st Reading 3/31/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Corpus Christi Page 4 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 Christi Police Officers, and 4 lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo - HIDTA grant award 03.31.2015 Ordinance - HIDTA grant 2015 - Police Letter 1 - Grant Award Letter 2 - Grant Award 10. 15-0263 Second Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP)(1st Reading 3/31/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Attachments: Agenda Memo - RSVP Ordinance - RSVP state award 21671 Notice of Funding - RSVP 21671 11. 15-0264 Second Reading Ordinance - Accepting and appropriating grant for the Latchkey After School Snack Program (1st Reading 3/31/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Attachments: Agenda Memo - Afterschool snack Grant CCISD Interlocal 2014-2015 Ordinance - After School Snack Program March 4 2015 Notice of Award - Afterschool Tx Dept Agriculture Grant approved status Executed Interlocal Agreement - CCISD 2013 to 2018 12. 15-0265 Second Reading Ordinance - Accepting and appropriating the Texans Feeding Texans Grant funds for the Home Delivered Meals Program (1st Reading 3/31815) Ordinance authorizing the City Manager or designee to ratify the execution of all documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services - Texans Feeding Corpus Christi Page 5 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 Texans. Attachments: Agenda Memo - Texans Feeding Texans Grant 2015 Ordinance - Texans Feeding Texans Grant 2015 Grant Agreement - TDA - 2015 Texans Feeding Texans Grant 13. 15-0266 Second Reading Ordinance - Accepting and appropriating grant amendment for additional funding to the Oso Bay Wetland Preserve Restoration project (1st Reading 3/31/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. Attachments: Agenda Memo - GLO CMP grant add $3K Oso Bay Ordinance - Oso Bay GLO grant GLO Grant Amendment No. 3 for Oso Wetlands Preserve 14. 15-0100 Second Reading Ordinance - Accepting and appropriating grant funds for the Senior Companion Program (SCP) (1st Reading 3/31/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant fund. Attachments: Agenda Memo - SCP State & Local Match 1415 Ordinance - SCP 5756 gen fd match Attachment - Award Letter SCP State Funding 20142015 15. 15-0211 Second Reading Ordinance - Amending City Code relating to the Transportation Advisory Board (1st Reading 3/31/15) Ordinance amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date. Attachments: Agenda Memo - Ordinance Amending Transportation Advisory Board Ordinance - TAC Ordinance as Amended - 2 FINAL TAC Presentation - Ordinance Amending Transportation Advisory Board 3-5-2015 Corpus Christi Page 6 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 16. 15-0282 Second Reading Ordinance - Appropriating additional Federal grant funds for upgrades to security and perimeter road systems at the airport (1st Reading 3/31/15) Ordinance appropriating $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048-2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; and changing the FY2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. Attachments: Agenda Memo - Grant 48 Amendment Ordinance - Grant 48 Amendment 2 FAA Grant 48 Amendment 17. 15-0280 Second Reading Ordinance - Assignment of Trinity Towers Skywalk and Improvements Lease (1st Reading 3/31/15) Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. Attachments: Agenda Memo - Trinity Towers Skywalk Lease Assignment Ordinance - Trinity Towers Skywalk Lease Assignment Signed Assignment and Assumption of Lease Agreement M. PUBLIC HEARINGS: (ITEMS 18 - 21) 18. 15-0273 Public Hearing and First Reading Ordinance - Closing a portion of an undeveloped and unsurfaced 20 -foot wide public right-of-way, located south of and adjacent to Williams Drive and north of Holly Road. Ordinance abandoning and vacating an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2. Attachments: Agenda Memo - Oso River Estates Unit 2 Ordinance - Oso River Estates Unit 2 19. 15-0274 Public Hearing and First Reading Ordinance - Closing a portion of a public right-of-way, located south of Williams Drive and north of Holly Road. Ordinance abandoning and vacating an undeveloped and unsurfaced Corpus Christi Page 7 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 39,530 -square foot portion (0.91 acres) of a 20 -foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts. Attachments: Agenda Memo - Flour Bluff & Encinal Ordinance - Flour Bluff & Encinal 20. 15-0310 Public Hearing and First Reading Ordinance - Rezoning for a Special Permit for a Transitional Housing Facility at 1508 Leopard Street Case No. 0215-01 The Salvation Army: From the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility. The property to be rezoned is described as Lots 1 thru 9, Block 2, West End Addition and portion of alley, between Antelope and Leopard Streets and between Mexico and Josephine Streets. Planning Commission and Staff Recommendation (March 11, 2015): Approval of the change of zoning from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility, subject to 11 conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Salvation Army ("Owner"), by changing the UDC Zoning Map in reference to Lots 1 thru 9, Block 2, West End Addition and portion of alley, from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - The Salvation Army Ordinance - The Salvation Army Presentation - The Salvation Army Zoning Report - The Salvation Army 21. 15-0315 Public Hearing and First Reading Ordinance - Amending the Wastewater Collection System Master Plan Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating approximately 17 acres of land from the Wooldridge II Lift Station 48 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, to the Wooldridge Lift Station 61 service area as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; Corpus Christi Page 8 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 providing for severance; and providing for publication. Attachments: Agenda Memo - Wastewater Master Plan Amendment Ordinance - Wasterwater Master Plan Amendment Presentation - Wastewater Master Plan Amendment Developer's Request - Wastewater Master Plan Amendment N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 22 - 27) 22. 15-0322 First Reading Ordinance - Appropriating funds from back filing of E911 fees from Vonage Ordinance appropriating $39,533.05 in General Fund No. 1020 from the back filing of E911 fees from Vonage; and changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures in the General Fund No. 1020 by $39,533.05 each. Attachments: Agenda memo - appropriate Vonage Ordinance - Vantage 911 fees - 2015 23. 15-0349 First Reading Ordinance - Adopting the Corpus Christi Maintenance Code (CCPMC) and approving licensing agreement with the International Code Council Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the adoption of the Southern Standards Housing Code, 1973 Edition and to adopt the Corpus Christi Property Maintenance Code; amending Chapter 13, Article II to extend the time to appeal Building Standard Board decisions and allow for the recoupment of title search expenses; amending Chapter 13, Article II, Division II to modify the definition and procedures for junk vehicles; amending §13-3002 to add the definition of hearing officer; repealing Chapter 13, Article IV in its entirety; repealing in its entirety Ordinance No. 12826 regarding fire breaks; authorizing the City Manager or his designee to execute a licensing agreement with the International Code Council for copyright use of the International Property Maintenance Code; providing for severance; providing for penalties; providing for publication; and providing for effective date. Attachments: Agenda Memo - Corpus Christi Property Maintenance Code 4-2-15 Ordinance - Adopting CC Poperty Maintenance Code - 2015 Comparison CCPMC Existing Code.Rvsd Agreement - Corpus Christi IPMC signed by MJ Corpus Christi Page 9 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 24. 15-0278 First Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located south along Holly Road, east of Rodd Field Road and west of Paul Jones Avenue Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $49,980.11 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Parkview Unit 1 Ordinance - Parkview Unit 1 Location Map - Parkview Unit 1 25. 15-0284 First Reading Ordinance - Closing a portion of a utility easement located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of-way. Ordinance abandoning and vacating a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 29, Tract N, Bass Subdivision, located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of-way; and requiring the owner, George V. Piperis, to comply with the specified conditions Attachments: Agenda Memo - Bass Subdivision Ordinance - Bass Subdivision 26. 15-0304 First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for Wedgewood Terrace Unit 3 located north of Yorktown Drive and West of Flour Bluff Drive, in the southwest portion of Flour Bluff Ordinance exempting Wedgewood Terrace Unit 3 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Wedgewood Terrace Unit 3 Ordinance - Wedgewood Terrace Unit 3 Agreement - Wedgewood Terrace Unit 3 27. 15-0298 First Reading Ordinance - Amending City Code regarding disbanding the Cable Communications Commission Ordinance amending the Code of ordinances, City of Corpus Christi, Corpus Christi Page 10 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 Chapter 2 and Chapter 55 regarding disbanding of the Cable Communications Commission Attachments: Agenda Memo - Disband Cable Communications Commission Ordinance - Chapter 55v4 Minutes - Cable Communications Commission P. FUTURE AGENDA ITEMS: (ITEMS 28 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 28. 15-0281 Engineering Construction Contract for the Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $2,895,000 for the Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements for the Base Bid. Attachments: Agenda Memo - Laguna Madre Protect Budget - Laguna Madre Location Map - Laguna Madre Presentation - Laguna Madre 29. 15-0361 Direction regarding 2012 Bond Projects Resolution directing staff to proceed with bidding remaining Bond 2012 Projects; and providing direction on specific projects. Attachments: Agenda Memo - Bond 2012 Exhibit A table Resolution - to proceed Bond 2012 for 4-14-15 REV Presentation Bond 2012 30. 15-0324 Authorizing Agreement for All Risk Property Insurance Coverage Motion authorizing the City Manager to execute a one-year agreement, with Borden Insurance and McGriff, Seibels & Williams of Texas, Inc., for the purchase of all risk property insurance coverages totaling $2,752,388 of which $1,131,117.95 is required for the remainder of FY2014-2015. Funds have been budgeted by the Legal Department in FY2014-2015. Corpus Christi Page 11 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 Attachments: Agenda Memo - Property Insurance Coverage Price Sheet - Property Insurance Coverage.pdf Service Agreement - Property Insurance Coverage Six Year Comparison - Property Insurance Program 31. 15-0333 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing City Council Members Nelda Martinez, Rudy Garza, Chad Magill, Colleen McIntyre, Lillian Riojas, Brian Rosas, Lucy Rubio, Mark Scott and Carolyn Vaughn as board members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda Memo - CBHFDC & CBCEFFC Q. FUTURE CORPORATION MEETING: (ITEMS 32 - 33) 32. 15-0334 Future Corporation Meeting of the Coastal Bend Health Facilities Development Corporation Annual Meeting of the Coastal Bend Health Facilities Development Corporation Attachments: Agenda Memo - Annual Meeting CBHFDC 2015 Agenda CBHFDC 15-0421 Minutes - CBHFDC10-11-11 Financial Statements - Coastal Bend Health Facilties 2-28-15 33. 15-0335 Future Corporation Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation Annual Board Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation Attachments: Agenda Memo - CBCEFFC Annual Mtg 2015 Agenda CBCEFFC - 15-0421 Minutes - CBCEFFC10-11-11 Financial Statements - Coastal Bend Cultural Education Facilties 2-28-15 R. BRIEFINGS: (ITEMS 34 - 37) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 34. 15-0326 Overview of Plan CC Comprehensive Plan 2035 Corpus Christi Page 12 Printed on 4/13/2015 City Council Meeting Agenda - Final April 14, 2015 Attachments: Agenda Memo - Plan CC Presenation Presentation - Plan CC 35. 15-0357 Overview of the Downtown Area Development Plan and Development Incentives Attachments: Agenda Memo - Downtown Area Development Plan Presentation - Downtown Area Development Plan 36. 15-0347 Residential/Local Street Reconstruction Plan - Funding Options Attachments: Agenda Memo Update on Funding Options for Residential Local Street REcons Presentation - Residential Reconstruction - Finance Resources 4915.pdf 37. 15-0320 Recommendation from Citizens Advisory Health Board (CAHB) regarding City -County Health District Attachments: Agenda Memo - CAHB April 14 2015 Letter to City Council CAHB Minutes - February 2015 CAHB Minutes - March 2015 S. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. T. ADJOURNMENT Corpus Christi Page 13 Printed on 4/13/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 31, 2015 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. B. Invocation to be given by Elder Henry Williams, Corpus Christi Christian Fellowship. Elder Henry Williams gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Rebecca Huerta, City Secretary. City Secretary Rebecca Huerta led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring March 31, 2015, Centennial Commemoration of the Navy Reserve Day Proclamation declaring April 7, 2015, Mayor's Day of Recognition for National Services Proclamation declaring April 2015, Earth Month and April 11, 2015, Earth Day -Bay Day Proclamation declaring April 12-18, 2015, National Public Safety Telecommunicators Week Corpus Christi Page 1 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. 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 called for comments from the public. Eloy Garza and Benjamin Graham spoke regarding issues with Municipal Court and Code Enforcement. Erica Kemm, Fonzie Munoz, and Lori Garza spoke regarding Item 36, Residential/Local Street Reconstruction and the need for street and drainage improvements in the Lindale Subdivision. Joan Veith thanked the City Council for their service and requested consideration for low income residents when addressing the water rates. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Olson reported on the following topics: a. OTHER 1) City Manager Olson recognized the success of the Municipal Court Warrant Roundup and stated that 524 warrants were cleared and brought in direct and deferred revenue. 2) Item 12 on today's agenda is an appropriation of $1,000,000 in the General Fund that will be transferred to the Street fund for the residential and local street program. City Manager Olson stated approval of this $1,000,000 will be the first major step in addressing the residential/local streets problem. 3) City Manager Olson recognized the performance of the Utilities Department for their work on an emergency repair at the Laguna Madre Wastewater Treatment Plant. 4) City Manager Olson advised the City Council on the following upcoming community events: April 17-18, 2015 "Fiesta de la Flor" in recognition of Selena and April 18-19, 2015 Naval Air Station - Corpus Christi will host the Blue Angels. I. MINUTES: 4. Regular Meeting of March 24, 2015 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to amend Item 6, Board and Committee appointments, to include the new appointments of Veronica Suniga (At -Large) and Veronica Marcello (At -Large) to the Senior Companion Program Advisory Committee, seconded by Council Member Rubio and passed unanimously. Council Member McIntyre made a motion to approve the minutes as amended, seconded by Council Member Scott. The Minutes were passed as amended. Corpus Christi Page 2 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 - 16) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. Council members requested that Items 5, 6 and 12 be pulled for individual consideration. The consent agenda was passed with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 7. Second Reading Ordinance - Rezoning from Multifamily to Resort Commercial at 221 Hotel Place (1st Reading 3/24/15) Case No. 0115-07 North Beach Holdings, LLC: A change of zoning from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. The property to be rezoned is described as Lot 52A, Block III, Corpus Beach Hotel Addition, located along the south side of Hotel Place approximately 180 feet east of Surfside Boulevard and along the beach frontage. Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning rezoning from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by North Beach Holdings, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 52A, Block III, Corpus Beach Hotel Addition, from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030454 8. Second Reading Ordinance - Rezoning from Neighborhood Corpus Christi Page 3 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 Commercial to General Commercial at 4655 Kostoryz Road (1st Reading 3/24/15) Case No. 0115-08 David A. Montero Fonseca:A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Block B, Sunnybrook Addition, located at the northwest corner of Kostoryz Road and Sunnybrook Road. Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning from the, "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by David A. Montero Fonseca ("Owner"), by changing the UDC Zoning Map in reference to Block B, Sunnybrook Addition, from the "CN -1" Neighborhood Commercial 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030455 9. Second Reading Ordinance - Rezoning from Multifamily to Townhouse at 14101 Commodores Drive (1st Reading 3/24/15) Case No. 0115-09 Oceanic B.C., LLC: A change of zoning from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay. The property to be rezoned is described as Lot 21, Block 34, Island Fairway Estates, located south of the intersection of Commodores Drive and Aquarius Street (formerly Estrada Drive). Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse with a Planned Unit Development Overlay, subject to ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay; Corpus Christi Page 4 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 10. 11. 13. amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030456 Second Reading Ordinance - Amending the Budget Ordinance to increase the number of Police Captain positions by one (1st Reading 3/24/15) Ordinance amending Ordinance No. 030294 to increase the number of positions authorized for the classification of "Police Captain" from fifteen (15) to sixteen (16). This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030457 Second Reading Ordinance - Appropriating Funds to Cover Additional Estimated Costs Related to Runoff Election held in December 2014 (1st Reading 3/31/15) Ordinance appropriating a total of $176,712 from the unreserved fund balance in the No. 1020 General Fund for additional estimated costs related to the runoff election held in December 2014; and changing the operating budget adopted by Ordinance No. 030294 by increasing expenditures by $176,712. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030458 Second Reading Ordinance - Appropriating funds for the Facilities and Property Management Maintenance Consolidation (1st Reading 3/24/15) Ordinance transferring $459,104.37 from the No. 1020 General Fund to and appropriating in the No. 5115 Facilities Fund; transferring $53,206.02 from the No. 4130 Gas Fund to and appropriating in the No. 5115 Facilities Fund; appropriating $1,100,000 from the unreserved fund balance in the No. 5115 Facilities Fund to consolidate maintenance related costs in the No. 5115 Facilities Fund; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue by $512,310.39 and expenditures by $1,612,310.39. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030460 14. Second Reading Ordinance - Accepting and appropriating funds Corpus Christi Page 5 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 15. from the Texas Law Enforcement Standards and Education (LEOSE) Account for training and equipment (1st Reading 3/24/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030461 Second Reading Ordinance - Use Privilege Agreement for Underground Communications Cable to cross Williams Drive right-of-way (1st Reading 3/24/15) Ordinance authorizing the City Manager or designee, to execute a use privilege agreement with Breckenridge Group Corpus Christi Phase II, LP. ("Permittee"), to install, operate, maintain, and remove a private underground fiber optic communications cable from the existing Phase 1 property (Oso River Estates Subdivision) located on the north side of Williams Drive and crossing approximately 70 linear feet of the Williams Drive public street right-of-way, to the Phase 2 property (Oso River Estates Unit 2 Subdivision) located on the south side of Williams Drive, subject to Permittee' compliance with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030462 16. Second Reading Ordinance - to reimburse developer for shared cost of bridge construction (1st Reading 3/24/15) Ordinance appropriating $3,294.94 of interest earned in the No. 4730 Infrastructure Fund and transferring to and appropriating in No. 3530 Streets CIP Fund; and appropriating $28,783.91 from the No. 4730 Infrastructure Fund to reimburse VOJO Ventures, LLC.; and approving $28,783.91 to reimburse the VOJO Ventures, LLC. from the No. 4730 Infrastructure Fund for the proportionate share of a future bridge construction and supporting public utility infrastructure as required to plat The Coves at Lago Vista Unit 1. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030463 Corpus Christi Page 6 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 5. Approving amended Type A Board Affordable Housing Goals and Strategies 6. Motion to approve amended Type A Board Affordable Housing Goals and Strategies Mayor Martinez referred to Item 5. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to approve the amended Type A Board Affordable Housing Goals and Strategies. Mr. Ortega said the amended included language under Desired results for Affordable Housing "with a first priority on home ownership and secondary priority on home rental". In response to Council Member McIntyre, Mr. Ortega said he would provide an update on all of the goals and strategies tasks. Council Member McIntyre made a motion to approve the motion, seconded by Council Scott. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-029 Approving Amendment No. 5 and Amendment No. 1 to the Engineering Contracts for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program for Wastewater Motion authorizing the City Manager or designee to execute Amendment No. 5 to the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $238,550 for a total restated fee not to exceed $542,470 and to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $241,760 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. Mayor Martinez referred to Item 6. Council Member Rubio asked staff how many effluent lines there are in the City. Executive Director of Public Works Valerie Gray said staff will research and provide that information. Council Member Rubio made a motion to approve Item 6, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-030 12. Second Reading Ordinance - Appropriating funds for the Corpus Christi Page 7 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 Residential/Local Street Capital Fund for Residential/Local Street Reconstruction (1st Reading 3/24/15) Ordinance appropriating $1,000,000 from the Unreserved Fund Balance in the No. 1020 General Fund; tranferring to and appropriating in the No. 1042 Street Fund for the residential and local street program; changing the FY 2014-2015 Operating Budget adopted by ordinance no. 030294 to increase appropriations by $1,000,000 in the No. 1020 General Fund and $1,000,000 in the No. 1042 Street Fund and to increase revenue by $1,000,000 in the No. 1042 Street Fund. Mayor Martinez referred to Item 12. Council Member Riojas commented that she is proud that the City Council is taking this step to improve Residential/Local streets and prioritized this problem as one of their top Council goals. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030459 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 17 - 20) 17. Appointment of Financial Advisor for Issuance of General Improvement Bond (Bond 2014 Projects) and General Improvement Refunding Bonds Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of "City of Corpus Christi, Texas General Improvement Bonds" in an aggregate principal amount not to exceed $99,495,000, and for one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds" in an amount not to exceed $85,000,000. Mayor Martinez referred to Item 17. Director of Financial Services Constance Sanchez stated that the purpose of this item is to appoint M.E. Allison & Co. as Financial Advisor for the issuance of General Improvement Bonds and General Improvement Refunding Bonds. Ms. Sanchez stated that she previously informed the Council that staff is currently in the evaluation phase of the RFP for the Financial Advisor. Since the RFP is not complete, staff is recommending the appointment of M.E. Allison & Co. for both transactions. There were no comments from the Council or the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Corpus Christi Page 8 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 18. 19. McIntyre. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-031 Second Reading Ordinance - To allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds for Bond 2014 Projects (1st Reading 3/24/15) Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of one or more series of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $99,495,000; authorizing other matters incident and related thereto; and providing an effective date. Mayor Martinez referred to item 18. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the City to reimburse itself for costs incurred associated with Bond 2014 projects prior the receipt of bond proceeds. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030464 Second Reading Ordinance - Authorizing Issuance of General Improvement Bonds to finance voter -approved Bond 2014 Projects (1st Reading 3/24/15) Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Bonds", as further designated by series, in an aggregate principle amount not to exceed $99,495,000; levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the letter of Corpus Christi Page 9 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Mayor Martinez referred to item 19. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of General Improvement Bonds in an amount not to exceed $99,495,000 to finance projects approved by the voters in November 2014. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030465 20. Second Reading Ordinance - Authorizing the Issuance of General Improvement Refunding Bonds (1st Reading 3/24/15) Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $85,000,000, levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Mayor Martinez referred to Item 19. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of General Improvement Refunding Bonds in an amount not to exceed $85,000,000. If all eligible outstanding bonds are refunded at today's interest rate, a net present value savings of $4,816,538 or 5.835% would be realized. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 10 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 Abstained: 0 Enactment No: 030466 H. EXECUTIVE SESSION: (ITEMS 2 - 3) 2. 3. Mayor Martinez referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal requirements of the Texas Local Government Code and other Texas laws regarding the legally allowed methods of purchasing financial advisory services, with additional discussion and possible action in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEMS 21 - 29) 21. First Reading Ordinance - Accepting and appropriating the Houston High Intensity Drug Trafficking Area (HIDTA) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 21. Police Management Services Director Pat Eldridge stated that the purpose of this item is to accept and appropriate the Houston High Intensity Drug Trafficking Area (HIDTA) grant in the amount of $168,200 for the overtime of police officers, the salary of (2) two civilians, and the lease of four (4) vehicles. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, Corpus Christi Page 11 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 22. First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Mayor Martinez referred to Item 22. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate grant funding from the Corporation for National and Community Service for the Retired Senior Volunteer Program (RSVP). There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 23. First Reading Ordinance - Accepting and appropriating grant for the Latchkey After School Snack Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Mayor Martinez referred to Item 23. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept a grant from the Texas Department of Agriculture to allow for the continuation of the Latchkey After School Snack Program. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 12 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 24. First Reading Ordinance - Accepting and appropriating the Texans Feeding Texans Grant funds for the Home Delivered Meals Program Ordinance authorizing the City Manager or designee to ratify the execution of all documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services - Texans Feeding Texans. Mayor Martinez referred to Item 24. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate a grant in the amount of $49,795.82 from the Texas Department of Agriculture Texans Feeding Texans Program for Senior Community Services. There were no comments from the public. Council Member McIntyre requested that staff look into the option to private pay for seniors who do not qualify for the Meals on Wheels Program. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 25. First Reading Ordinance - Accepting and appropriating grant amendment for additional funding to the Oso Bay Wetland Preserve Restoration project Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. Mayor Martinez referred to Item 25. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept an additional $3,000 grant for a previously awarded grant from the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first Corpus Christi Page 13 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 26. First Reading Ordinance - Accepting and appropriating grant funds for the Senior Companion Program (SCP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant fund. Mayor Martinez referred to Item 26. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept grant funding from the Corporation for National and Community Service for the Senior Companion Program. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 27. First Reading Ordinance - Amending City Code relating to the Transportation Advisory Board Ordinance amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date. Mayor Martinez referred to Item 27. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the ordinance related to the Transportation Advisory Board. Ms. Gray introduced the Chairman of the Transportation Advisory Committee, Scott Harris, to provide an overview of the amendments. Mr. Harris presented information on the purpose of the Transportation Advisory Committee (TAC) and the seven proposed changes are as follows: the ability to appoint ex -officio members, provide advice on traffic operations and transportation planning matters, provide recommendations on mobility access management and traffic safety, provide advice on the transportation aspects of the Capital Improvement Program, Corpus Christi Page 14 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 monitor the implementation of mobility -related master plans and report to the Planning Commission and Council, make recommendations on traffic impact analysis per the UDC to the Planning Commission and Council; and changing the name of the committee to the Transportation Advisory Commission; and next steps. Council members spoke regarding the following topics: the benefit of including both the City Manager and the TAC to appoint ex -officio members; the value of having a representative from the cycling community; the reason the Bicycle and Pedestrian and Mobility Planning subcommittees are not mentioned in the ordinance; if the subcommittees would be named committees; the RTA and MPO as ex -officio members; recruitment issues when designating categories for membership; whether the organizations that have ex -officio members are open to including an ex -officio member from the TAC; communication with Development Services and other affected departments on the stop sign signalization process; an update on the transportation study on the island including Park Road 22, Flour Bluff Drive and Purdue, and McArdle Road and Ennis Joslin; request that the TAC ask the executive director of the MPO, TXDOT or other organizations that are represented by an ex -officio member who they would like to recommend for that position; appropriate staff support for subcommittees; and wayfinding for Shoreline Realignment. Council Member McIntyre made a motion to amend Section 2-121(4) to include that the City Manager or designee may recommend for appointment, seconded by Council Member Riojas and passed unanimously. Council Member McIntyre made a motion to amend Section 2-121 to include that one of the nine members shall represent the cycling community, seconded by Council Member Scott and passed unanimously. Council Member Scott made a motion to codify the representation of the two standing subcommittees as committees in the ordinance, seconded by Council Member Magill and passed unanimously. There were no comments from the public. Council Member Scott made a motion to approve the ordinance as amended, seconded by Council Member McIntyre. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 28. First Reading Ordinance - Appropriating additional Federal grant funds for upgrades to security and perimeter road systems at the airport Ordinance appropriating $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048-2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter Corpus Christi Page 15 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 road systems at Corpus Christi International Airport; and changing the FY2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. Mayor Martinez referred to Item 28. Assistant Director of Aviation Mario Tapia stated that the purpose of this item is to appropriate $33,250 from Federal Aviation Administration (FAA) Grant No. 48, Amendment No. 3 for security improvements and permit road systems. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 29. First Reading Ordinance - Assignment of Trinity Towers Skywalk and Improvements Lease Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. Mayor Martinez referred to item 29. Assistant City Attorney Lisa Aguilar stated that the purpose of this item is to approve the assignment of the Skywalk and Improvements lease agreement to BKD Shoreline, LLC and consent to the sublease of Trinity Towers Limited Partnership. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 30 - 34) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 33 and 34. A council member requested a presentation on Item 32. 30. Purchase of Patterson Pump Rotor Assembly Motion approving the purchase of one (1) Patterson pump rotor Corpus Christi Page 16 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $73,655.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. This Motion was recommended to the consent agenda. 31. Approving the submission of a grant application to the Texas Department of Transportation Aviation Division for airport maintenance Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant and execute all related documents. This Resolution was recommended to the consent agenda. 32. Approving Real Estate Contract for Elevated Water Storage Tank Site located at Rand Morgan and Leopard Street Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Marjak, Inc. in the amount of $188,000 plus $2,500 in estimated closing costs for a total expenditure of $190,500, for the purpose of acquiring a tract of land containing 1.76 acres of land located at the southeast corner of the intersection of Leopard Street and Rand Morgan Road, to be used for the construction of an elevated water storage tank in connection with the CC Elevated Storage Tanks - Citywide Project #E12210, Capital Improvement project. This Motion was recommended to the consent agenda. 33. Approving Change Order No. 13 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Motion authorizing the City Manager or designee to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas in the amount of $373,337.25 for a total restated fee of $7,540,461.64, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). This Motion was recommended to the consent agenda. 34. Approving Change Order No. 14 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Motion authorizing the City Manager or designee to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas in the amount of Corpus Christi Page 17 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 $351,776.51 for a total restated fee of $7,892,238.16, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). This Motion was recommended to the consent agenda. Q. BRIEFINGS : (ITEMS 35 - 38) 35. Bayfront Development Plan Project (Bond 2008) - Bayshore Park Mayor Martinez referred to Item 35. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to provide an update on the Bayfront Development Plan Project (Bond 2008) - Bayshore Park. Ms. Anaya presented information on the background of the previous discussions regarding Bayshore Park; the location map and concepts; the concept elements; annual operations and maintenance costs; and next steps. Council members spoke regarding the following topics: the timeframe to complete the project; including the design -build with additive alternate; consideration to remove the $90,000 for programming and include it as a decision package during the budget; the revenue estimates; whether the City will have an owner's representative assigned to manage the project; the need for programming in order to make the park successful; other entities better suited for programming like the Convention and Visitors Bureau or Bucanneer Commission; stakeholder meetings; specialized custom bollards and attractive entry points; the ability for power and utilities at the special events area; the distinction between an RFQ and RFP; the process to seek out partners and including partners in the RFP process; the cost for mowing; mowing rates for the Bayfront compared to other parks in the city; consideration to use a City employee for mowing; holding mowing contractors accountable for blowing debris in the storm water system and other neighbors' property; consideration for artificial green turf; including Kevin Hill in stakeholder meetings; exploring grant options; the number of people that attend McCaughan Park and Magee Beach and current programming; whether the bollards are permanent or removable and their location; the location of the centralized restrooms; fitness structures; and sponsorship and naming opportunities. Council Member Magill made a motion to direct the City Manager to move forward with construction with design -build with additive alternative of operations and maintenance and separate programming from operations and maintenance for FY2017, seconded by Council Member Vaughn. The motion was passed with the following vote: Martinez, Garza, Magill, McIntyre, Riojas, Rosas, Rubio, and Vaughn voting "Aye"; Scott voting "No". 36. Residential/Local Street Reconstruction Mayor Martinez referred to Item 36. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to begin the discussion on residential/local street reconstruction. The presentation will include a review of the magnitude of the problem, a basic overview on identifying streets in need of reconstruction, and the various causes of degradation. Ms. Gray presented information on the total street system; the street condition inventory; pavement condition index (PCI) standard rating scale; infrastructure; the causes of pavement failure; a chart showing streets in "serious" to "failed" PCI Corpus Christi Page 18 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 range; residential streets in need of reconstruction and rehabilitation; other cost considerations; utility considerations that could impact utility rates; and next steps. Council members spoke regarding the following topics: other utility considerations including the distribution system for drainage; what other cities are doing to address potholes; the use of pothole patching machines; street damage caused by large city vehicles and buses; whether the Regional Transportation Authority contributes to street repair; the reason the Street Department does not take care of all potholes in a single area; the timeline for funding and resource solutions; staffing in Street Operations; the condition of the street system; the percentage of streets where the PCI is 55 or less; opportunities to rehabilitate streets with a PCI ranging from 40 to 55; consideration to shift allocations more to overlay and less to seal coating in order to not increase the number of streets in the reconstruction/rehabilitation category; the need to address drainage issues on Swantner Street; the residential street vitality program in St. Paul, Minnesota; development of an implementation plan and process; the timetable for automating PCI; sales tax as a potential funding source; discussion with the RTA to partner to receive federal funds for residential streets; and consideration of concrete streets for new subdivisions. 37. City of Corpus Christi - Debt Mayor Martinez referred to Item 37. Director of Financial Services Constance Sanchez stated that the purpose of this item is to discuss the various types of municipal debt. Ms. Sanchez presented information on the different types of municipal debt; the total outstanding debt categorized by type as of September 30, 2014; general obligation debt; property tax cap; general obligation debt pro forma; existing and projected debt; revenue debt; utility revenue bonds; the current and projected average residential monthly water bill; pro formas for utilities including water, storm water, wastewater and gas; existing and projected utility revenue debt; other debt for the reservoir; the breakdown of the sales tax rate; a summary of the seawall improvement sales tax, arena facility sales tax, and economic development sales tax; the economic development sales tax budget for FY2015 and expenditures; and tax increment financing. Council members spoke regarding the following topics: whether the sales tax debt can be paid off early; previous action to refinance the sales tax bonds; the fund balance for the seawall fund; whether the capital improvement projects (CIP) are projected in the general obligation debt; what projections are included in the general obligation debt; whether there are other projects not programmed into the CIP; whether the portion of the economic development sales tax for the baseball stadium can be re -purposed for streets; options to re -purpose sales tax for streets and economic development; the difference between Type A and Type B to fund streets; identifying a dedicated funding source for Packery Channel once the TIF expires; the funding generated from Whataburger Field and the area; the total debt including principal and interest; the assumptions and debt factors for total debt payments; whether the City is maintaining debt service ratios; the water debt pro forma assuming 30 -year debt; the projected utility revenue debt addressing the wastewater collection system and lift stations; and a request to include anticipated debt by department. Corpus Christi Page 19 Printed on 4/9/2015 City Council Meeting Minutes March 31, 2015 38. Water Rate - Volume Mayor Martinez referred to item 38. Executive Director of Utilities Mark Van Vleck provided an overview of the previous water presentations including: past and current rate projections; the discovery process; the rate review schedule; the calculation for unit cost; the water system components and customers of the system; and the utility bill breakdown. Mr. Van Vleck stated that the purpose of this item is to discuss water rate - volume, including assumptions incorporated into the current rate model; volume by customer class for raw water only customers, public agency for resale, outside city limits retail, inside city limits retail; volume by water system components which include transmission, distribution, and storm water; and the inside city limit (ICL) residential trend. Council members spoke regarding the following topics: whether assumptions include commercial consumption, industrial and wholesale; future demands offset by industrial desal and effluent; how much of the 35,000 acre feet is effluent; and volume being based on a consolidated treatment plant. R. LEGISLATIVE UPDATE: (ITEMS 39 - 40) 39. Federal Legislative Outcomes for 113th Congress (2013-2014) Mayor Martinez referred to Item 39. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to provide a briefing on the outcomes of the City's legislative agenda for the 113th Congress. Mr. Tagliabue stated that the 113th Congress' performance was considered worse than the "do-nothing Congress" of 1947-1948. Only over 200 bills became law during 2013-2014. In spite of this, the City was able to achieve a successful outcome on half of the Council's approved legislative agenda. The greatest achievements included successful outcomes on all four of the military installation agenda items and transportation. Council members asked questions regarding the Gulf of Mexico items and outcome and support for the re -authorization of MAP 21. 40. State Legislative Update S. ADJOURNMENT Mayor Martinez referred to Item 40. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to provide an update on the state legislative agenda. Mr. Tagilabue briefly highlighted the following issues being tracked in the state legislature: transportation; desalination; military funding; the hotel occupancy tax (HOT) bill; windstorm insurance; wind farms in the extraterritorial jurisdiction (ETJ); funding for Texas A&M -Corpus Christi's Life Science Building; Texas State Aquarium contingency rider; regulation on oil and gas fracking issues; the state law ban on texting and driving; and bills to eliminate red light cameras. Council members spoke regarding the following topics: military funding; windstorm insurance; a status on Senate Bill 521 regarding water rights; and dredge funding. The meeting was adjourned at 6:30 p.m. Corpus Christi Page 20 Printed on 4/9/2015 a. AIRPORT BOARD - Three (3) vacancies with terms to 4-4-16 and 4-4-18. 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 Harold Charles Kaffie, Jr. 04-04-17 04-15-14 Robert A. Williams 04-04-17 01-21-14 William McCord 04-04-17 04-13-10 Donald M. Feferman, Chair 04-04-17 04-12-11 Curtis T. Clark 04-04-18 02-10-15 *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 Mary Helen Dunnam 04-04-16 09-10-13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dana Gunter 11 10 (lexc) 91% Kelly Harlan 11 6 (5exc) 55% INDIVIDUALS EXPRESSING INTEREST Glenna S. Elliff 14310 Fairway Dr, 78410 Retired. Formerly employed with Alief Independent School District. Former General Manager/Owner of Jennings Chevrolet Company in Robstown, Texas. Attended Robstown High School and Texas A&I University at Kingsville, Texas. Activities include: Board Member of Nueces County Water Board #3. (7/23/13) Marc A. Gonzalez 7322 Taldora, 78414 Glenn R. Jones 7530 Beau Terre, 78414 Rick Jones 5618 Cory St., 78414 Gordon W. Lester 7010 Chiswick Dr, 78413 Eldon McQueen 1102 Leopard St., 78401 Director of Infrastructure Operations, Department of the Army at Corpus Christi Army Depot. Received a BA from University 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 39. (4/23/13) 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. (7/22/13) General Manager, Mike Shaw Toyota. Community Activities: Junior League, Ducks Unlimited, Nueces County Livestock Show, Kingsville Naval Air Base. Recipient of Corpus Christi Under 40 Award, GM Standards for Excellence Award and Toyota President Award. (12/23/13) 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) Aerospace Engineer, Sikorsky Aircraft Company, A United Technologies Subsidiary, Corpus Christi Army Depot. Received a Master of Science in Computer Science and Information Technology Management from Boston University. Aerospace Engineer, Flight Crew and Military Veteran. Community Activities: Martial Arts Instructor and Youth Development for YMCA, Charter Schools and Boys and Girls Clubs. (1/7/15) William Bryan Menard, Jr. 1508 6th St., 78404 Timothy M. O'Brien 15234 Main Royal Dr, 78418 Cristian Radaneata 4626 Mars Hill, 78413 Purchasing Manager, Menard Electronics, Inc. Received BA in Political Science from Texas A&M University -Corpus Christi. (12/16/14) 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. (2/26/13) Optometrist, Coastal Bend Eye Center. Retired Lieutenant Commander, United States Navy. Received BA in Biology from University of California at Riverside and Doctor of Optometry from Southern California College of Optometry. Community Activities include: Rotary Club of Corpus Christi -Board of Directors, Metro Ministries, Corpus Christi Food Bank and Salvation Army. (2/27/15) Karl A. Tomlinson 1234 Laguna Shores Rd., 78418 Broker/Owner, Tomlinson Property Sales & Management. Served in the United States Air Force — Air Traffic Controller. Employed at Hewlett- Packard Company. Received a Bachelor in Science Electronic Engineering Technology from DeVry University. Received MBA with Major in Marketing from Santa Clara University. (12/9/14) Robert T. Trevino 7413 Prairie Dr., 78413 Joseph C. Wise, Jr. 14810 Winward #413, 78418 Supervisor/Directorate of Mfg./Proc. Production, Corpus Christi Army Depot. Retired Air Traffic Controller, United States Army. Graduate of Incarnate Word Academy. Received a B.S. in Professional Aeronautics from Embry Riddle Aeronautical University. (5/6/14) Senior Vice -President — Wealth Management Senior Financial Advisor, Merrill Lynch. Served in the United States Marine Corps. Graduated with Honors from Del Mar College and received a B.S. in Technology from University of Houston. Hobbies include: Running, Swimming, Biking and Karate. Community Activities include: Citizens in Support of the Corpus Christi Police Department, U.S.S. Lexington -Board President, Grace Presbyterian Church, Del Mar Foundation, Del Mar Alumni Association, Del Mar Former Student Association, Catholic Charities, Patriot Guard Riders, Special Olympics, Boy Scouts of America, and Metro Ministries. Previously Served as a Member on the Airport Board from 2006 to 2012. Served as an Advisory, Non -Voting Member of the Airport Board. (2/6/15) b. ISLAND STRATEGIC ACTION COMMITTEE Realignment of categories for Realtor and At -Large. DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1 -member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang or Padre Island; 1 -commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1 -member of the Padre Island Business Association, who has been nominated by the association; 1 -architect or professional engineer, who does work on projects on Mustang or Padre Island; 1 -realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4- at -large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at -large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex -officio advisory member of the action committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. MEMBERS Libby Edwards Middleton (Res. Prop. Owner) Gregory Smith (Commercial Property Owner) Alex H. Harris (Developer), Chair John A. White, Sr. (PIBA Nominee), Vice -Chair *Rick Sowash (Realtor) David J. Perry (Environmental Group) Jyoti R. Patel (At -Large) *Carter L. Tate, CCIM (At -Large) Brud Jones (At -Large) William F. Goldston (Professional Engineer) Jodi R. Steen (Construction Contractor) Kathleen L. Pratt (At -Large) Stan Hulse (Padre Isles Prop. Owners Assoc.) Wes Pierson, ACM, Gen. Govt. & Operation Support Paulette Kluge, CC Cony. & Visitors Bureau Dr. R. Bryan Gulley, Nueces County Jay Gardner, Watershore and Beach Advisory Comm. Legend: *Realignment TERM 3-23-18 3-23-16 3-23-18 3-23-16 3-23-16 3-23-18 3-23-16 3-23-16 3-23-18 3-23-18 3-23-18 3-23-16 3-23-16 ORIGINAL APPTD. DATE 3-24-15 3-23-10 11-08-11 3-23-10 3-19-13 3-24-15 3-23-10 3-24-15 3-24-15 3-20-12 9-25-12 5-27-14 9-25-12 Ex -Officio, Non -Voting Ex -Officio, Non -Voting Ex -Officio, Non -Voting Ex -Officio, Non -Voting c. PARKING ADVISORY COMMITTEE — One (1) vacancy with term to 7-31-16 representing the following category: 1 — member nominated by the Corpus Christi Convention and Visitors Bureau. DUTIES: To provide advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of the Code of Ordinances, Chapter 53 including: On -street and off-street parking, special events, and revitalization projects within the city center; developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities; parking and signage programs and city center concerns; the location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators; expenditure or usage of Parking Improvement Fund; parking improvement; and participate with the county on parking enhancement and city center revitalization matters. COMPOSITION: Eleven (11) voting members and three (3) non-voting advisory members appointed by the City Council comprised of the following: one (1) member nominated by the District Council Member who represents the downtown area; two (2) members nominated by the Downtown Management District; one (1) member nominated by the Corpus Christi Beach Task Force; one (1) member nominated by the Uptown Neighborhood Initiative; two (2) members nominated by the Building Owners and Management Association; one (1) member nominated by the Corpus Christi Convention and Visitor's Bureau; two (2) members who shall represent downtown residential interests — one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area; and one (1) member to represent the community at large. The City Manager, Police Chief, Parks and Recreation Director or their designees shall serve as non-voting advisory members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. Of the eleven members with voting power, the initial terms of six (6) members shall serve a two (2) year term, and five (5) members shall serve a three (3) year term as determined by a drawing to be conducted in the City Secretary's Office. Thereafter, all terms shall be three (3) years with terms expiring on July 31St of the applicable year. The Committee shall elect, from among its voting members at the first meeting, a member to serve as chairperson and a vice -chairperson, and who shall serve for a one-year term. ORIGINAL MEMBERS TERM APPTD.DATE Ginny Price (Downtown Area Council Member Nominee) 7-31-16 5-14-13 Jennifer Perales (DMD Representative) 7-31-15 5-14-13 Terry Sweeney (DMD Representative) 7-31-15 1-20-15 Robert Catalano (Corpus Christi Beach Task Force) 7-31-16 2-10-15 Darlene K. Gregory (Uptown Neigh. Initiative), Chair 7-31-15 5-14-13 Lawrence W. Virts (Bldg Owners & Mgmt Assn) 7-31-15 5-14-13 Fay Crider (Residential; Parking Meters Collected) 7-31-16 5-14-13 Richard Durham (Community at Large), Vice -Chair 7-31-15 5-14-13 Jim Swan (Building Owners & Mgmt. Assoc. Rep.) 7-31-16 11-12-13 William L. Hoover (Residential, Prop Owner in City Center) 7-31-15 2-10-15 **Vacant (Convention & Visitors Bureau Rep.) 7-31-16 City Manager or designee; non-voting member Police Chief or designee; non-voting member Parks and Recreation Dir. or designee; non-voting member Legend: **Vacant (The Corpus Christi Convention and Visitors Bureau is recommending the new appointment of Erica Lozano.) INDIVIDUAL EXPRESSING INTEREST Erica Lozano 3038 White Bird Dr., 78415 Director of Convention Sales, Corpus Christi Convention and Visitors Bureau. Graduated from Del Mar College and the University of Houston with a Degree in Business Administration. Received Conrad H. Hilton -Hospitality and Advanced Course Certification. Community Activity includes: Big Brothers Big Sisters of South Texas -Board Member and Greater Corpus Christi Hospitality Association -Board Member. (Convention and Visitors Bureau) (3/17/15) AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: March 31, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Purchase of Patterson Pump Rotor Assembly CAPTION: Motion approving the purchase of one (1) Patterson pump rotor assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $73,655.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: The Patterson pump rotor assembly will be used as a spare for the Woodsboro Pump Station. BACKGROUND AND FINDINGS: In order for the Woodsboro Pump Station to be online, all pumps must be used simultaneously. If one pump incurs impeller damage a replacement part would not be available for weeks, thus making the station inoperable during that time. Having a spare rotor assembly on hand would make the repair of the pump complete within two days and the station back online. With the start of the Mary Rhodes Pipeline Phase 2 project the acquisition of the spare rotor assembly becomes necessary since the Woodsboro Pump Station will be utilized more often in order to receive water from the Colorado River. ALTERNATIVES: None. 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: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $138,945.00 $0 $138,945.00 Encumbered / Expended Amount $65,290.00 $0 $65,290.00 This item $73,655.00 $0 $73,655.00 BALANCE $0 $0 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - GERALD GOODWIN ITEM DESCRIPTION PRICE SHEET SOLE SOURCE PATTERSON PUMP ROTATING ASSEMBLY QTY UNIT The Scruggs Co. Houston, TX UNIT TOTAL PRICE PRICE 1 Rotor assembly for Patterson C009186 pump, including freight. 1 Each $73,655.00 $73,655.00 TOTAL: $73,655.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 3015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: FROM: March 6, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Authorizing the submission of a grant application in the amount of $50,000 to Texas Department of Transportation Aviation Division for airport maintenance at Corpus Christi International Airport. CAPTION: Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant and execute all related documents. PURPOSE: The Texas Department of Transportation, Aviation Division, (TxDOT) provides funds for "lower cost" airport and landside improvements at smaller airports as part of the Routine Airport Maintenance Program (RAMP) Grant. Corpus Christi International Airport (CCIA) is eligible for funding up $50,000 with a corresponding match of $50,000 from CCIA. Airport Staff is recommending use of these funds for preventative maintenance and painting of the terminal canopy and hangar facilities. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on 2,700 acres of land with approximately 650,000 sq. ft. of facilities including 140,000 sq. ft. of terminal space. Accordingly, Airport Staff regularly schedules routine maintenance for the landside and airside facilities. The scope of maintenance can range from small repairs to larger rehabilitation and painting projects. Eligible projects under the RAMP Grant include pavement work, drainage maintenance, hangar/terminal building painting and repairs, airport entrance signs and landscaping and hangar access roads. The Airport Terminal canopy is in need of corrosion clean-up and repairs as well as paint work. We are proposing appropriation of funds from the Airport Fund Balance for the maintenance/painting project. The formal action will be brought to City Council in the next month. ALTERNATIVES: The only alternatives would be for maintenance project costs to be funded entirely from Airport funds or a deferral of required maintenance. Maintaining facilities on Airport property is a Mission Element in the Department of Aviation's FY 14-15 Business Plan. Accordingly, Airport staff is committed to develop and manage a scheduled maintenance program for all facilities including the terminal and hangars. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $60,550 0 $60,550 Encumbered / Expended Amount 0 $0 0 $0 This item 0 $50,000 0 $50,000 BALANCE $0 $110,550 0 $110,550 Fund: 4610 Airport Operating Org: 35040 Account: 520130 RECOMMENDATION: Staff recommends approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution RAMP Grant Application Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant and execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application to the Texas Department of Transportation, Aviation Division, in the amount of $50,000 for the 2015 Routine Airport Maintenance Program (RAMP) grant to fund airport maintenance with a City -required match of $50,000. SECTION 2. The City Manager, or his designee, is authorized to accept, reject, alter, or terminate the RAMP grant and execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn ,Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 512/416-4500 • FAX 512/416-4510 December 4, 2014 Mr. Fred Segundo, Director of Aviation The City of Corpus Christi 1000 International Drive Corpus Christi, Texas 78406 Dear Mr. Segundo: TxDOT CSJ No.: M1516CORP Fund Source: A FY2015 Routine Airport Maintenance Grant is enclosed for the Corpus Christi International Airport. The TxDOT CSJ No. M1516CORP grant for airport maintenance between the City of Corpus Christi, as airport sponsor, and the Texas Department of Transportation is attached as an Adobe Acrobat document. The amount of the FY2015 grant is based on full participation in the grant program - if the amount needs to be adjusted, please let me know. An airport General Maintenance description has been included on Attachment -A Scope of Services so that grant funds can be used for these types of items without having to amend the grant as projects come up. Amendments can be done at your request any time after execution to add special projects or to increase the grant amount. Please print out the grant and however many additional copies the City of Corpus Christi may need for retained paper records and execute the Agreement, complete the Certifications, and return the accepted grant as soon as possible. It will be necessary for your attorney to endorse your acceptance of the Agreement to assure that it has been accepted in accordance with local laws. The Grant Agreement and Certifications should have original signatures for acceptance. TxDOT will be retaining the grant file electronically and will not retain a paper record copy of your executed grant. If you do not need a paper copy of the executed grant returned to you, please scan the fully signed and witnessed grant document and e-mail it to me at megan.caffall@txdot.gov. I will have the grant executed by the state and return an electronic copy of the executed grant to you by e-mail. Mr. Fred Segundo Page 2 December 4, 2014 If you need a paper cop(ies) of the executed grant, please return all copies of the fully signed and witnessed documents to: Mailing Address - TxDOT Aviation Division 125 E. 11th Street Austin, Texas 78701-2483. Overnight Address - TxDOT Aviation Division 150 E. Riverside Dr., 5th Floor South Tower, Austin TX 78704 If you have any questions, or need additional information please contact me at 1-800- 687-4568 or megan.caffall®txdot.gov. The Texas Department of Transportation Aviation Division appreciates your participation in preserving and improving the Texas Airport System, and looks forward to working with you at the Corpus Christi International Airport. Sincerely, / c Megan Caffall RAMP Program Manager cc: Enclosures TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT CSJ No.: M1516CORP Part I - Identification of the Project TO: The City of Corpus Christi, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Corpus Christi, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code Chapter 21. The project is for airport maintenance at the Corpus Christi International Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, whichever is less, per fiscal year and subject to availability of state appropriations. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. 09/01/2014 Page 1 of 12 Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2015, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II -1. 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. 09/01/2014 Page 2 of 12 The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through -the -fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non -aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i. an Airport Fund shall be established by resolution, order or ordinance in the 09/01/2014 Page 3 of 12 J. treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 1. mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of any mowing services. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. 09/01/2014 Page 4 of 12 If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. PART IV - Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an 09/01/2014 Page 5 of 12 irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or 09/01/2014 Page 6 of 12 orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 09/01/2014 Page 7 of 12 Part VI - Acceptances Sponsor The City of Corpus Christi, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of , 20 . The City of Corpus Christi, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Attorney I, , acting as attorney for the City of Corpus Christi, Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas, this day of , 20 Witness Signature Attorney's Signature Witness Title 09/01/2014 Page 8 of 12 Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: 09/01/2014 Page 9 of 12 Attachment A Scope of Services TxDOT CSJ No.:M1516CORP Eligible Scope Item: Estimated Costs Amount A State Share Amount B Sponsor Share Amount C GENERAL MAINTENANCE $100,000.00 $50,000.00 $50,000.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 TOTAL $100,000.00 $50,000.00 $50,000.00 Accepted by: The City of Corpus Christi, Texas Title: Date: Signature GENERAL MAINTENANCE: As needed, Sponsor may contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems, approach aids, lighting systems, utility infrastructure, fencing, herbicide/application, sponsor owned and operated fuel systems, hangars. terminal buildings and security systems: professional services for environmental compliance, approved project design. Special projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. 09/01/2014 Page 10 of 12 Attachment A Scope of Services TxDOT CSJ No.:M1516CORP Eligible Scope Item: Estimated Costs Amount A State Share Amount B Sponsor Share Amount C GENERAL MAINTENANCE $50,000.00 $25,000.00 $25,000.00 Terminal Checkpoint Gate Improvements 15,000 $7,500 $7,500 CCIA Hangar #1- Painting/Repairs 10,000 $5,000 $5,000 Seal Coat / Chip Seal —Non -Airside Pavement 25,000 12,500 12,500 TOTAL $100,000.00 $50,000.00 $50,000.00 Accepted by: The City of Corpus Christi, Texas Signature Title: DMe: GENERAL MAINTENANCE: As needed. Sponsor may contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems. approach aids. liahtina systems. utility infrastructure. fencing. herbicide/application. sponsor owned and operated fuel systems, hangars, terminal buildings and security systems; professional services for environmental compliance, approved project design. Special projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. DRAFT ALTERNATE ATTACHMENT A 09/01/2014 Page 10 of 12 CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M1516CORP The City of Corpus Christi does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Corpus Christi, Texas (Sponsor) By: Title: Date: Certification of State Single Audit Requirements I, , do certify that the City of Corpus Christi will comply with all (Designated Representative) requirements of the State of Texas Single Audit Act if the City of Corpus Christi spends or receives more than the threshold amount in any grant funding sources during the most recently audited fiscal year. And in following those requirements, the City of Corpus Christi will submit the report to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold in grant receivables or expenditures, please submit a letter indicating that your entity is not required to have a State Single Audit performed for the most recent audited fiscal year. Signature Title Date 09/01/2014 Page 11 of 12 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M1516CORP The City of Corpus Christi designates, (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. The City of Corpus Christi. Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Email address: 09/01/2014 Page 12 of 12 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: March 26, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Execute Chanae Order No. 13 Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas in the amount of $373,337.25 for a total restated fee of $7,540,461.64, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project. BACKGROUND AND FINDINGS: The Bond 2008 Bayfront Development Plan Phase 3 included two major parts; the Realignment of Shoreline and the "Bayshore Park". The Bayshore Park will be implemented within the remaining funds under the Bond 2008 Proposition No. 7. City Council awarded the Construction Contract to Bay Ltd. in 2013 for the Realignment of Shoreline Drive. The limits of the project improvements are from Buford Street to Lawrence Street. The Shoreline Realignment Project was started in October 2013 and opened to traffic in February 2015. Change Orders are an approved project tool through state statute and city policy. They are a natural part of the construction process and allow a project to be completed in a successful manner. Changes to a project may have both a cost and a scheduling impact. Dealing with these changes promptly through Change Orders will have the least amount of impact on the project budget and schedule. Delaying resolution of the issues will increase costs, jobsite friction, and delay the completion of the project. Reasons for Change Orders include: • Differing site conditions • Regulatory changes • Owner/Stakeholders change their mind • Scope added or deleted during construction • Information missing from the contract documents • Project delays • Adverse weather Change Order 13 includes a settlement for a request by the contractor for unanticipated delays resulting from unknown locations of Private utilities and some City owned utilities. Due to the utility conflicts, the Contractor was directed to demobilize from the site partially suspending work for 165 days. The contractor was required to provide on-site management with necessary equipment and subcontractors to immediately resume work upon resolution (construction conflicts by private utilities) The original claim for $548,295 was negotiated down to the final settlement of $373,337.25. The settlement was reviewed and negotiated by a consultant ECMS and agreed upon by City Staff. ALTERNATIVES: 1. Execute the change order as proposed. 2. Do not execute the change order. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7, Bayfront Master Plan. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $12,838,600.00 $3,762,800.00 $539,913.93 $17,141,313.93 Encumbered/Expended Amount $11,049,456.28 $11,049,456.28 This item (Bay, Ltd) $373,337.25 $0.00 $373,337.25 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 BALANCE $1,789,143.72 $3,389,462.75 $539,913.93 $5,718,520.40 Fund(s): Bayfront Development CIP 2008 RECOMMENDATION: City Staff recommends the approval of Change Order No. 13 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order Presentation City of Corpus Christi Capital Programs Change Order Corpus Chrsti Capital Programs CHANGE ORDER NO.: 13 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering CHANGE ORDER DATE: 12/17/2014 PROJECT NUMBER: 6511 CONTRACT TIME: 400 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: Street Street Delay Time Item (Line Item 22... See Attachment 1) 1 Street Bay LTD Overhead Costs 165 Days @ $3,323.00 DAY $548,295.00 2 Street DEDUCT: Resume negotiations between Albert Pardo and Frank Whiteaker overhead costs 165 Days @ $1,060.35 DAY ($174,957.75) Net Total of This Change Order $373,337.25 Why was this Change necessary: Existing stormwater flap valve was not operational and allowed excessive water into manhole How can similar changes be avoided in the future? Unavoidable The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 6,552,042.05 Previously Approved Change Order Amount $ 615,082.34 Proposed Change Order Amount $ 373,337.25 Revised Contract Amount $ 7,540,461.64 Percent of Total Change Orders (including this CO) 15.09% Previous Change Order Contract Time 0 CD Additional Time on This Change Order 165 CD Revised Contract Time 165 CD Recommended by [CONSULTING FIRM] Approved by [CONTRACTOR] By By Recommended by: Recommended by: Recommended by: Recommended by: Date Date CITY OF CORPUS CHRISTI Philip L. Boehk, P.E. Date Approved or Recommended by: Valerie H. Gray, P.E. Date Acting Construction Engineer Executive Director of Public Works Jerry Shoemaker, P.E. Date Approved or Recommended by: Gustavo Gonzalez, P.E. Date Acting Director of Capital Programs Assistant City Manager Eddie Houlihan Date Budget and Finance Janet Kellog City Attorney Date Approved by: Ronald L. Olson City Manager DEPARTMENT APPROVALS: Operating Department (Street) $ 373,337.25 Page 1 of 1 Date PROJECT BUDGET Bayfront Development Phase 3 Change Order 13 FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 $ 13,345,276.62 Bayfront Development Phase 1 C.O. Bond 2004 Reserves 696,941.00 Storm Water CIP 1,287,341.83 Water CIP 1,032,190.78 Wastewater CIP 622,926.20 Gas CIP 156,637.50 Total $ 17,141,313.93 FUNDS REQUIRED: Construction : Construction Contract and 12 Change Orders (Bay, Ltd) $ 7,167,124.39 Bay, Ltd. (Change Order 13) THIS ITEM 373,337.25 Contingencies (Reduced for Change Orders) 0.00 Engineer and Design Fees: 2 Design Contract and 10 Amendments (Hargreaves Associates) 1,620,592.50 A/E Contract and 7 amendments (HDR, Inc.) 1,322,696.70 Landscape Architect (Lauren Griffith) 45,500.00 Urban Forestry (Burditt Consultants) 5,225.00 Project Review (Govind Nadkarni) 32,250.00 Plan Review (June Mitzke) 260.00 Geotechnical Testing Services (Rock Engineering) 6,890.00 Construction Materials Testing (Rock Engineering) 163,860.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 279,080.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 185,564.33 Bond Issuance Costs 193,130.44 Misc. (Printing, Advertising, etc.) 27,282.92 Total $ 11,422,793.53 Estimated Project Budget Balance $5,718,520.40 Original Agreement authorized by City Council August 27, 2013, Ord. 029941 2 Original Agreement authorized by City Council December 13, 2011, M2011-292 =Original Agreement approved administratively on July 19, 2009 and Amendment No. 1 approved by City Council on May 18, 2012, M2010-115 K:\Engineering\LEGISTAR\7 - March 31, 2015\Bayfront CO 13\Project Budget - Bayfront Dev Shoreline Relocation CO 13 Project Locatio PROJECT # 651t' BAYFRONT DEVELOPMENT PHASE 3 SHORELINE BOULEVARD REALIGNMENT BOND 2008 CITY COUNCIL EXHIBIT Am „Lk CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 CORPUS CHRISTI PARKS& PleCRI•ATlON Bond 2008 - Proposition 7 Bayfront Master Plan Project Corpus Chr sti Capital Proarams Council Presentation March 31, 2015 Parks & Recreation and Capital Programs Bond 2008 - Proposition 7 CORPUS CHRISTI PARKS.S PECREATION Corpus Chr SCI Capital Proarams ➢ November 2008 — Prop 7 was Approved by Voters for $13 MIL ➢ October 2013 — Road construction began ➢ February 2015 — Realignment construction substantially complete with opening of Traffic Lanes ➢ March 2015 — Final Change Orders prepared and presented to Council • Change Order 13 — Settlement of Delay Impacts associated with Private and Public Utilities • Change Order 14 — Additional "off-site" Improvements for Parking Lot Driveways, Landscaping, Drainage, Signage, and other miscellaneous items that were to be addressed by Destination Bayfront Construction Change Orders and Policies CORPUS CHRISTI PARKSPECREATION4 Corpus Chr sti Capital Proarams Change Orders are required on construction projects to address the following: • Weather, Acts of God, Labor Strikes and other events beyond the control of the contractor and owner • Differing Conditions may include; • Unknown utilities • Buried/covered contaminated materials and soils • Quantity changes for field adjustments • Regulatory Changes (after design completion), TCEQ, USACE, TDLR, etc. • Changes requested by the owner during construction • Omissions and Errors by the Architect/Engineer (AE) • May result in AE liability for rework As a result, a minimum for a 5% Contingency Budget is required Construction Change Orders and Policies (continued) CORPUS CHRISTI P EATCJS Corpus Chr SCI Capital Proarams Change Orders are covered by Local Government Code and Federal Acquisition Regulations. Approval levels: ➢ Under $25K (Executive Director for Public Works) ➢ $25K to $36.5K (ACM for Public Works) ➢ $36.5K to $100K (City Manager) ➢ Over $100K (City Council) Maximum Change Order cannot exceed 25% of contract award. Shoreline Realignment Change Orders CORPUS CHRISTI PRECREATION AKS Corpus Chr sti Capital Proarams Change Order No. 13 for $373K for the following items: • Settlement reached for 165 day delay (partial suspension of work) caused by unanticipated conflicts with private and city utilities • Initial Contractor request was $535K Upon mobilizing, private utility conflicts were discovered requiring redesign of City utilities and relocation of the private utilities. The contractor remained mobilized to expeditiously return to work after conflict resolution, however, extended time was required for private utility relocations. Shoreline Realignment Change Orders CORPUS CHRISTI P EATCJS Corpus Chr SCI Capital Proarams Change Order No. 14 for $352K for the following items: • Landscaping, driveways, traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall • Final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including the conversion of the one block of Lawrence St. from the T -Head to new Shoreline form one-way to two-way traffic Staff worked closely to develop improvements that require little effort to incorporate the future Bayshore Park concepts and best address the existing circulation, safety, parking and functions of the existing facilities. Shoreline Realignment Change Orders CORPUS CHRISTI P EATCJS Corpus Chr SCI Capital Proarams Change Order No. 14 for $352K for the following items: • Landscaping, driveways, traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall • Final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including the conversion of the one block of Lawrence St. from the T -Head to new Shoreline form one-way to two-way traffic Staff worked closely to develop improvements that require little effort to incorporate the future Bayshore Park concepts and best address the existing circulation, safety, parking and functions of the existing facilities. J4V\N.CC�i.`%�15.C: hill Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: March 26, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Execute Change Order No. 14 Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas in the amount of $351,776.52 for a total restated fee of $7,892,238.16, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project. BACKGROUND AND FINDINGS: The Bond 2008 Bayfront Development Plan Phase 3 included two major parts; the Realignment of Shoreline and the "Bayshore Park". The Bayshore Park will be implemented within the remaining funds under the Bond 2008 Proposition No. 7. City Council awarded the Construction Contract to Bay Ltd. in 2013 for the Realignment of Shoreline Drive. The limits of the project improvements are from Buford Street to Lawrence Street. The Shoreline Realignment Project was started in October 2013 and opened to traffic in February 2015. The project's original design was only partially complete with respect to the closure and repurposing of the water front lanes of Shoreline and the associated "off road" improvements with the future Bayshore Park. Based on voters not approving Destination Bayfront and recent direction from City Council, some off road improvements and traffic controls were implemented into this change order. This includes landscaping, driveways, connections to parking lots, and traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall. Additionally, this Change Order provides for final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including changes to the one block conversion of Lawrence Street from a one-way to a two-way from the T -Head to new realigned North Bound section of Shoreline. Staff worked closely to develop improvements that require little effort and incorporate input from Council and the future Bayshore Park concepts. ALTERNATIVES: 1. Execute the change order as proposed. 2. Do not execute the change order. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7, Bayfront Master Plan. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $12,838,600.00 $3,762,800.00 $539,913.93 $17,141,313.93 Encumbered/Expended Amount $11,049,456.28 373,337.25 $11,422,793.53 This item (Bay, Ltd) $351,776.52 $0.00 $351,776.52 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 BALANCE $1,789,143.72 $3,037,686.23 $539,913.93 $5,366,743.88 Fund(s): Bayfront Development CIP 2008 RECOMMENDATION: City Staff recommends the approval of Change Order No. 14 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order Presentation PROJECT BUDGET Bayfront Development Phase 3 Change Order #14 FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 $ 13,345,276.62 Bayfront Development Phase 1 C.O. Bond 2004 Reserves 696,941.00 Storm Water CIP 1,287,341.83 Water CIP 1,032,190.78 Wastewater CIP 622,926.20 Gas CIP 156,637.50 Total $ 17,141,313.93 FUNDS REQUIRED: Construction : Construction Contract and 13 Change Orders (Bay, Ltd) $ 7,540,461.64 Bay, Ltd. (Change Order 14) THIS ITEM 351,776.52 Contingencies (Reduced for Change Orders) 0.00 Engineer and Design Fees: 2 Design Contract and 10 Amendments (Hargreaves Associates) 1,620,592.50 3 A/E Contract and 7 amendments (HDR, Inc.) 1,322,696.70 Landscape Architect (Lauren Griffith) 45,500.00 Urban Forestry (Burditt Consultants) 5,225.00 Project Review (Govind Nadkarni) 32,250.00 Plan Review (June Mitzke) 260.00 Geotechnical Testing Services (Rock Engineering) 6,890.00 Construction Materials Testing (Rock Engineering) 163,860.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 279,080.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 185,564.33 Bond Issuance Costs 193,130.44 Misc. (Printing, Advertising, etc.) 27,282.92 Total $ 11,774,570.05 Estimated Project Budget Balance $5,366,743.88 Original Agreement authorized by City Council August 27, 2013, Ord. 029941 2 Original Agreement authorized by City Council December 13, 2011, M2011-292 3 Original Agreement approved administratively on July 19, 2009 and Amendment No. 1 approved by City Council on May 18, 2012, M2010-115 K:\Engineering\LEGISTAR\7 - March 31, 2015\Bayfront CO 14\Project Budget - Bayfront Dev Shoreline Relocation CO 13 City of Corpus Christi Capital Programs Change Order Corpus Chrsti Capital Programs CHANGE ORDER NO.: 14 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering CHANGE ORDER DATE: 12/17/2014 PROJECT NUMBER: 6511 CONTRACT TIME: 400 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street Multiple Items (Line Items 1-8, 10, 13, 17-18, and 25-35... See Attachments 1 and 2) 1 LS @ $209,157.55 2 Stormwater Multiple Items (Line Items 3, 7, 14-16, 19-20, 23-24... See Attachment 1 and 2) 1 LS @ $76,955,71 3 Wastewater Multiple Items (Line Items 6 and 9... See Attachment 1 and 2) 1 LS @ $42,511.40 4 Water Multiple Items (Line Items 6, 11 and 12... See Attachment 1 and 2) 1 LS @ $23,151.86 Net Total of This Change Order $209,157.55 $76,955.71 $42,511.40 $23,151.86 $351,776.52 Why was this Change necessary: Change Order Line Items 1, 3-5) See attachment 1 Change Order Line Item 2) See attachment 2 How can similar changes be avoided in the future? Change Order Line Items 1, 3-5) See attachment 1 Change Order Line Item 2) See attachment 2 The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 6,552,042.05 Previously Approved Change Order Amount $ 988,419.59 Proposed Change Order Amount $ 351,776.52 Revised Contract Amount $ 7,892,238.16 Percent of Total Change Orders (including this CO) 20.45% Previous Change Order Contract Time 165 CD Additional Time on This Change Order 77 CD Revised Contract Time 242 CD Recommended by [CONSULTING FIRM] Approved by [CONTRACTOR] By By Recommended by: Recommended by: Recommended by: Recommended by: Date Date CITY OF CORPUS CHRISTI Philip L. Boehk, P.E. Date Approved or Recommended by: Valerie H. Gray, P.E. Date Acting Construction Engineer Executive Director of Public Works Jerry Shoemaker, P.E. Date Approved or Recommended by: Gustavo Gonzalez, P.E. Date Acting Director of Capital Programs Assistant City Manager Eddie Houlihan Date Budget and Finance Janet Kellog City Attorney Date Approved by: Ronald L. Olson City Manager DEPARTMENT APPROVALS: Operating Department (Street) $209,157.55 Operating Department (Stormwater) $76,955.71 Operating Department (Wastewater) $42,511.40 Operating Department (Water) $23,151.86 Page 1 of 4 Date City of Corpus Christi Capital Programs Change Order Corpus Chrsti Capital Programs CHANGE ORDER NO.: 13 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering CHANGE ORDER DATE: 12/17/2014 PROJECT NUMBER: 6511 CONTRACT TIME: 400 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street 1" Planning/Milling 2 Street 1-1/2" Overlay Type D 3 Various DEDUCT: Items revised from contract due to change Stormwater D1 1 - Concrete Curb & Gutter 253 LF @ $17.50 LF $4,427.50 Stormwater DEDUCT: D1 1 - Concrete Curb & Gutter (TY 2) 569 LF @ $17.50 LF ($9,957.50) Street CO 3-2 Remove Curb & Gutter 110 LF @ $16.45 LF $1,809.50 Street DEDUCT: B78 - Concrete Median 88 SY @ $52.00 SY ($4,576.00) Street DEDUCT: B80 - Stamped Concrete 88 SY @ $18.00 SY ($1,584.00) Street DEDUCT: H1 - Street Excavation 761 SY @ $34.00 SY ($25,874.00) Street DEDUCT: 1-12 - Flex Base (Ty A, Grade 1) 761 SY @ $12.75 SY ($9,702.75) Street DEDUCT: H3 - Prime Coat 615 SY @ $0.65 SY ($399.75) Street DEDUCT: H5 - Geogrid Base Reinforcement (Ty 1) 761 SY @ $3.30 SY ($2,511.30) Street DEDUCT: H10 - Hot Mix Asphalt (Type D, SAC -B, PG 70-22, 2" Lift) 615 SY @ $21.00 SY ($12,915.00) Street DEDUCT: H9 - Hot Mix Asphalt (Type B, PG 64-22, 4" Lift) 615 SY @ $12.00 SY ($7,380.00) 4 Street New Pay Items Street Re -Mobilization 1 LS @ $3,500.00 LS $3,500.00 Street Traffic Signal Pole 24" 1 EA @ $5,838.00 EA $5,838.00 Street Vivids Processor 1 EA @ $2,950.00 EA $2,950.00 Street Vivids Camera Assembly 1 EA @ $1,485.00 EA $1,485.00 Street Vivids Communication Cable 500 LF @ $3.80 LF $1,900.00 Street Aluminum Signs TY A One Way 18 x 6 2 EA @ $175.00 EA $350.00 Street Aluminum Signs TY A Street Sign 1 EA @ $321.00 EA $321.00 Street Left Turn Yield on Green Ball Sign 2 EA @ $250.00 EA $500.00 Street Install Hwy Traffic Signal Isolated 1 EA @ $3,500.00 EA $3,500.00 Street Mark up and Bond 1 LS @ $233.96 $3,285.56 5 Street Existing Pay Items Street B38 - Drilled Shaft (Traffic Signal Poles, 36" Dia) 13 LF @ $300.00 LF $3,900.00 Street B41 - Conduit (PVC, Sch 40, 4") 60 LF @ $14.50 LF $870.00 Street B45 - Electrical Conductor (#8 Bare) 60 LF @ $1.45 LF $87.00 Street B51 - Install 12" Vehicle Signal Section w/ Backplate 2 EA @ $460.00 EA $920.00 Street B53 - Traffic Signal Cable (Ty A, 14 AWG, 5 Cond) 80 LF @ $2.20 LF $176.00 Street B54 - Traffic Signal Cable (Ty A, 14 AWG, 16 Cond) 200 LF @ $3.40 LF $680.00 Street B72 - LED Traffic Signal Module - VEH SEC (12") LED (GRN) 2 EA @ $170.00 EA $340.00 Street B73 - LED Traffic Signal Module - VEH SEC (12") LED (YEL) 2 EA @ $170.00 EA $340.00 Street B74 - LED Traffic Signal Module - VEH SEC (12") LED (RED) 2 EA @ $150.00 EA $300.00 6 Street Overrun Line Items Street K3: 4" Fiber Optic Conduit 120 LF @ $24.00 LF $2,880.00 Street H4: 2" Mill and Overlay at Furman Street 811 SY @ $3.50 SY $2,83 8.50 Street H11: Art Center 4" Sewer Redesign (See Sam Email 8/11) 811 SY @ $12.00 SY $9,732.00 Street CO 3-2 Remove Curb & Gutter 670 LF @ $16.45 LF $11,021.50 Street Hot Mix Between Curb and Sawcut Line 177.5 SY @ $23.16 SY $4,110.90 Street Base Under Curb (See Email SS to JW 6/5) 1,039.33 SY @ $18.44 SY $19,165.25 Street C11: Concrete Sidewalk Curb (6' Wide) 269 LF @ $35.00 LF $9,415.00 Street Additional Cost to Construct Sidewalk Curb at IBC Bank 269 LF @ $11.38 LF $3,061.22 Street A10: Erosion Control Logs 140 LF @ $13.00 LF $1,820.00 Street B45: Electrical Conductor (#8 Bare) - Coopers Alley 1,096 LF @ $1.45 LF $1,589.20 Street B47: Tray Cable (3 Cons, 12 AWG) Coopers Alley 1,697 LF @ $1.80 LF $3,054.60 Attachment 1 Page 2 of 4 691 SY @ $3.98 SY $2,750.18 691 SY @ $13.75 SY $9,501.25 CHANGE ORDER NO.: 13 CHANGE ORDER DATE: 12/17/2014 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment PROJECT NUMBER: 6511 CONTRACTOR: Bay, Ltd CONTRACT TIME: 400 CD ENGINEER: HDR Engineering Continued from Page 2 Street B39: Conduit (PVC, SCH 40, 2") 60 LF @ $12.00 LF $720.00 Street B39: Conduit (PVC, SCH 40, 2") AEP Manhole Coopers Alley/Kinney Street 250 LF @ $12.00 LF $3,000.00 Street B44: Electrical Conductor (#6 Insulated) AEP Manhole Coopers Alley/Kinney Street 800 LF @ $2.40 LF $1,920.00 Street B39: Conduit (PVC, SCH 40, 2") Overrun 5 LF @ $12.00 LF $60.00 Street 1346: Electrical Conductor (#8 Insulated) 400 LF @ $1.55 LF $620.00 Street B39: Conduit (PVC, SCH 40, 2") ATS 1257 Coopers Alley/Shoreline Signal 160 LF @ $12.00 LF $1,920.00 Street B54: Traffic Signal Cable (TY A, 14 AWG, 16 Conductor ATS) 408 LF @ $3.40 LF $1,387.20 Street B48: Ground Box TY D with Apron 1 EA @ $960.00 EA $960.00 Street C6: Concrete Sidewalk (5' Wide) - Art Center 65.70 SY @ $47.00 SY $3,087.90 Street C11: Concrete Sidewalk Curb (6' Wide) - Art Center 1,080.60 LF @ $35.00 LF $37,821.00 Street B4: Concrete Driveway (TY C)(6" Thick" - Art Center 237.2 SY @ $56.00 SY $13,283.20 Wastewater Overrun Line Items Wastewater F6: Overrun Sanitary Sewer 8" SDR 26 14 LF @ $200.00 LF $2,800.00 Wastewater F8: Trench Saafety 14 LF @ $5.10 LF $71.40 Wastewater F9: Sanitary Sewer FM (PVC)(SDR-35)(4") 6 LF @ $140.00 LF $840.00 Wastewater F4: Remove 4" Sewer Manhole 2 EA @ $3,900.00 EA $7,800.00 Stormwater Overrun Line Items Stormwater D1 1 - Concrete Curb & Gutter 670 LF @ $17.50 LF $11,725.00 Stormwater D13: Trench Safety 2 EA @ $510.00 EA $1,020.00 Water Overrun Line Items Water E16: Furnish and Install Fire Hydrant 1 EA @ $4,800.00 EA $4,800.00 Water E20: Trench Safety for Exvacation (Water Line) 62 LF @ $2.90 LF $179.80 Water E15: Remove Existing Fire Hydrant Assembly 1 EA @ $950.00 EA $950.00 8 Street DEDUCT: L1 - Filabusta Palm, Washington Filifera x Robusta 108 EA @ $1,800.00 EA ($194,400.00) 9 Wastewater 4" Sewer Service (Concrete Encased) 1 LS @ $31,000.00 LS $3 1,000.00 10 Street Traffic Signal Controller Unit 2 EA @ $1,532.02 EA $3,064.04 11 Water New Misc Utilities Items Water 6" DI Sleeve 1 EA @$ 380.00 EA $380.00 Water 8" DI 45 Deg Bends 2 EA @ $ 400.00 EA $800.00 Water 8" DI Sleeve 1 EA @ $ 425.00 EA $425.00 Water 8" DI 45 Deg Bends 3 EA @ $ 400.00 EA $1,200.00 Water 6" DI 45 Deg Bends 2 EA @ $ 375.00 EA $750.00 Water 6" DI Pipe 62 LF @ $32.65 LF $2,024.30 Water 6" DI 45 Deg Bends 2 EA @ $ 350.00 EA $700.00 Water Mark up and Bond 1 LS @ $ 1,044.11 LS $1,044.11 12 Water Hanson Miscellaneous Water Materials 1 LS @ $9,898.65 LS $9,898.65 13 Street Eliminate Striping (North End) Street Eliminate Pavement MRK & MRKS (4") 570 LF @ $ 0.95 LF $541.50 Street Eliminate Pavement MRK & MRKS (8") 70 LF @ $ 1.90 LF $133.00 Street Eliminate Pavement MRK & MRKS (24") 161 LF @ $ 5.00 LF $805.00 Street Eliminate Pavement MRK & MRKS (ARROW") 5 EA @ $ 45.00 EA $225.00 Street Eliminate Pavement MRK & MRKS (WORD") 3 EA @ $ 45.00 EA $135.00 14 Stormwater Demo Existing Curb/Sidewalk/Wall 1 LS @ $1,607.90 $1,607.90 15 Stormwater Replace Concrete Curb 1 LS @ $772.17 $772.17 16 Stormwater Replace Concrete Sidewalk 3.6 SY @ $641.69 $2,310.08 17 Street Demolition for Ramp 35 SY @ $129.90 $4,546.50 18 Street Area Grading to Match Sidewalk 6 CY @ $254.90 $1,529.40 19 Stormwater Sod and Water 18 CY @ $77.36 $1,392.48 20 Stormwater Concrete Header Curb 58 LF @ $45.25 $2,624.50 21 Stormwater Concrete Sidewalk 25.5 SY @ $177.80 $4,533.90 CHANGE ORDER NO.: 13 CHANGE ORDER DATE: 12/17/2014 Attachment 1 Page 3 of 4 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering PROJECT NUMBER: CONTRACT TIME: 6511 400 CD 22 Stormwater 23 Stormwater 24 Street 25 Street Street Street Street Street Street 26 Street 27 Street 28 Street 29 Street 30 Street 31 Street 32 Street 33 Street 34 Street 35 Street 36 Street Continued from Page 3 Additional dewatering on Stormwater Manhole Washed aggregate concrete Additional Traffic Control Overrun Line Items CO 3-2: Remove Curb and Gutter C11: Concrete Sidewalk Curb (6" Wide) D11: Concrete Curb and Gutter (TY 2) CO 9-1: Additional Hot Mix Between Curb and Sawcut Line B4: Concrete Driveway (TY C)(6" Thick) Install Topsoil and Sodding Furnish and Install Bollards Furnish and Install Gate Additional Materials Cost Allowance for Bollards and Gates Additional ADA Ramps at John Sartain and Art Center Additional Art Center and Misc. Improvements Allowance Additional Allowance Traffic Signs and Markings PENDING ITEM: Green Bicycle Panel Parking Lot HMA Fill and Curb Modification at the Art Center Parking Lot N/S L2: Mexican Feather Grass DEDUCT: Hl: Street Excavation Why was this Change necessary: 1 LS @ $56,217.44 LS 1 LS @ $282.24 LS 15 days @ $ 1,980.65 day $56,217.44 $282.24 $29,709.75 120 LF @ $16.45 LF $1,974.00 140 LF @ $ 35.00 LF $4,900.00 240 LF @ $17.50 LF $4,200.00 14 SY @ $ 23.16 SY $324.24 372 SY @ $ 56.00 SY $20,832.00 4,600 SY @ $ 14.79 SY $68,034.00 52 EA @ $ 933.20 EA $48,526.40 4 EA @ $ 1,721.92 $6,887.68 1 LS @ $10,000.00 EA $10,000.00 2 EA @ $ 13,000.00 $26,000.00 2 EA @ $ 14,627.15 $29,254.30 1 LS @ $25,000.00 LS $7,500.00 16 EA @ $1,200.00 $19,200.00 1 LS @ $ 3,486.88 $3,486.88 100 EA @ $11.75 EA $1,175.00 95.71 SY @ $34.00 SY ($3.254.31) Net Total of This Change Order $351,776.52 1-5) The revision at Lawrence & Williams will accommodate the traveling public better than original design 6-11) Some of the overruns 6-11) Overruns (Hanson MOH) was due to the major outfall check valves no sealing property preventing a dry work area for the Contractor to tie into. Some of the items (Base Under Curb) were overrun due to the unforseen soil instability. The Fire Hydrant was requested by the City. The remainder of the utility items were overrun due to unforseen utility conflicts and/or services 12) Materials deleted per plan revisions 13) Milling pattern revisions were required to accommodate exact field conditions resulting in eradication of some striping 14-20) Wall added during construction by Engineer included drainage features which uncovered soil erosion issues. Modification was required to mitigate the soil characteristics 21) See Attachment 2 22-23) Items were needed to match the existing finish of the sidewalk 24) Additional Traffic Control for daily closure on 25) Overruns are required to add Parking Lot entrances to existing lots 26) Topsoil and sodding is required in areas where parking access 27-29) Bollards and Gates are to restrict access to abandoned portion of Shoreline 30-31) Additional ADA ramps were required but were 32) Additional Signage/Markings are required to assure public safety 33) Added to accommodate Bike Route Requirements 34) Modification required to provide drainage after wall installation 35) Additional grass was requested to fill area near new northbound Shoreline transition area 36) Deduct of quantities that were not needed for the project How can similar changes be avoided in the future? 1-5) Better reiew of existing conditions and coordination during the design process 6-11) A combination of improved record drawing tracking and development combined with good recordkeeping processes would help alleviate these conflicts. Additional S.U.E. research and location services could minimize these conflicts. 12-20) When widening an urban pavement section that does not contain drainage structures, consider expanding the scope of work to add drainage features 21) Staff should instruct contractor to demobilize completely in lieu of having equipment on site not being utilized 22-36) Better coordination between design team, City Staff and existing conditions at the site Attachment 1 Page 4 of 4 Project Locatio PROJECT # 651t' BAYFRONT DEVELOPMENT PHASE 3 SHORELINE BOULEVARD REALIGNMENT BOND 2008 CITY COUNCIL EXHIBIT Am „Lk CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 Corpus Chr'sti Capital Proarams Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment Change Orders No. 13 and No. 14 Council Presentation March 31, 2015 Capital Programs Bond 2008 - Proposition 7 Corpus Chr SLi Ca pital Proarams ➢ November 2008 — Prop 7 was Approved by Voters for $13 MIL ➢ October 2013 — Road construction began ➢ February 2015 — Realignment construction substantially complete with opening of Traffic Lanes ➢ March 2015 — Final Change Orders prepared and presented to Council ■ Change Order 13 — Settlement of Delay Impacts associated with Private and Public Utilities ■ Change Order 14 — Additional "off-site" Improvements for Parking Lot Driveways, Landscaping, Drainage, Signage, and other miscellaneous items that were to be addressed by Destination Bayfront Construction Change Orders and Policies Corpus Chr ski Capital Programs Change Orders are required on construction projects to address the following: • Weather, Acts of God, Labor Strikes and other events beyond the control of the contractor and owner • Differing Conditions may include; • Unknown utilities • Buried/covered contaminated materials and soils • Quantity changes for field adjustments • Regulatory Changes (after design completion), TCEQ, USACE, TDLR, etc. • Changes requested by the owner during construction • Omissions and Errors by the Architect/Engineer (AE) • May result in AE liability for rework As a result, a minimum for a 5% Contingency Budget is required Construction Change Orders and Policies (continued) Corpus Chr ski Capital Programs Change Orders are covered by Local Government Code and Federal Acquisition Regulations. Approval levels: ➢ Under $50K (Executive Director for Public Works) ➢ $50K to $75K (ACM for Public Works) ➢ $75K to $100K (City Manager) ➢ Over $100K (City Council) Maximum Change Order cannot exceed 25% of contract award. Shoreline Realignment Change Orders Corpus Chr sti Capital Praarams Change Order No. 13 for $373K for the following items: • Settlement reached for 165 day delay (partial suspension of work) caused by unanticipated conflicts with private and city utilities • Initial Contractor request was $535K Upon mobilizing, private utility conflicts were discovered requiring redesign of City utilities and relocation of the private utilities. The contractor remained mobilized to expeditiously return to work after conflict resolution, however, extended time was required for private utility relocations. Shoreline Realignment Change Orders Corpus Chr SLi Capital Proarams Change Order No. 14 for $352K for the following items: • Landscaping, driveways, traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall • Final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including the conversion of the one block of Lawrence St. from the T -Head to new Shoreline form one-way to two-way traffic Staff worked closely to develop improvements that require little effort to incorporate the future Bayshore Park concepts and best address the existing circulation, safety, parking and functions of the existing facilities. J4V\N.CC�i.`%�15.C: hill Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 31, 2015 Second Reading Ordinance for the City Council Meeting of April 14, 2015 DATE: TO: March 11, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 19th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, and overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2015 — 12/31/2016. There are no matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 168,200 168,200 BALANCE 168,200 168,200 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letters Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles; and appropriating the $168,200 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 in the amount of $168,200 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $168,200 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor December 15, 2014 Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Simpson: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G15HN0006A) has been awarded in the amount of $33,135. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Dan Grayson at (202) 395-6692. Enclosures Sincerely, 4( MAUI ki.,' -NO) Michael K. Gottlieb National HIDTA Director Page 1 of Executive Office of the President Office of National Drug Control Policy Grant Agreement 1. Recipient Name and Address Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G15HN0006A 5. Grant Period: From 01/01/2015 to 12/31/2016 1A. Recipient IRS/Vendor No.: 1746000574A5 6. Date: 12/15/2014 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number X 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3. Project Title Texas Coastal Corridor Initiative (TCCI) 10. Amount of This Award: $33,135 11. Total Award: $33,135 12. The above Grant is approved subject to such conditions or limitations as are set forth on the five attached pages. Consistent with P.L. 113-164, the Continuing Appropriations Resolution, 2015, this document provides a total budget and spending ceiling as reflected in Block 10 of the Grant Award document, which represents funding at a rate of 19.7% of the fiscal year 2014 funding level. Accordingly, the sum of all budgets cannot exceed the award amount reflected in Block 10 of the Grant Award document. The Office of National Drug Control Policy notes that the aforementioned funding level is below requested budget requirements. Additional funding is expected per standard full funding requirements, will be subject to the terms and conditions of this award, and will be made available when enacted. 13. Statutory Authority for Grant: Public Law 113-164 AGENCY APPROVAL RECIPIENT ACCEPTANCE jilli 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director 15. Typed Name and Title of Authorized Official Floyd Simpson Corpus Christi Police Department 16. Signature of Approving ONDCP Official kA( k. }- (i0) 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1516XX OND6113 OND2000000000 OC 410001 Grant G15HN0006A Page 2 of 5 GRANT CONDITIONS A. General Provisions 1. This grant is subject to Title 2 of the Code of Federal Regulations, as well as the following: • by reference, the provisions of the Office of Management and Budget (OMB) circulars and government -wide common rules applicable to grants and cooperative agreements. These circulars and common rules include the following: • OMB Circular A-21 "Cost Principles for Educational Institutions." (Codified at 2 CFR Part 220) • OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments." (Codified at 2 CFR Part 225) • OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments." (Codified at 21 CFR 1403) • OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations." (Codified at 2 CFR Part 215) • OMB Circular A-122 "Cost Principles for Nonprofit Organizations." (Codified at 2 CFR Part 230) • "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Units of Governments," (Codified at 21 CFR Part 1403) • Grants Management Common Rule for State and Local Units of Governments," (Codified at 21 CFR Part 1404) • "Government -wide Debarment and Suspension (Nonprocurement)," (Codified at 21 CFR Part 1404) • "Government -wide Requirements for Drug-free Workplace (Financial Assistance)" (Codified at 21 CFR Part 1405) • "New Restrictions on Lobbying" (Codified at 28 CFR Part 69) 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Lisa Newton lnewton@ondcp.eop.gov Grant G15HN0006A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the HIDTA, its fiscal agent (s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 6. The award date of this grant is December 15, 2014. Costs incurred by the grantee between the stated "award date" and starting date of the "grant period," the latter tracking to the more standard full calendar year(s), may be charged by the grantee to this award, if costs were incurred in furtherance of this grant and allowable under applicable cost principles. Such costs should not be charged as "pre -award costs." 7. Grantees and subgrantees are advised of the new OMB grants "supercircular," Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, some provisions of which may begin to supersede the provisions of pre-existing OMB grants circulars over the term of this grant. ONDCP will also be adopting conforming regulations in 2014. ONDCP will provide you with updates moving forward. For more information about the supercircular, please visit www.cfo.gov/COFAR, which includes links to related online training and FAQs. In any case, ONDCP will also accept grants management and administration by "non- federal entities" (the new term for organizations receiving Federal assistance) that conforms to the Omni -Circular requirements from entities that have adopted the Omni - Circular for their programs. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. Grant G15HN0006A Page 4 of 5 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 7. Property acquired with these HIDTA grant funds is to be used for activities of the Houston. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to HHS/DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Regenia Mitchell Division of Payment Management Department of Health and Human Services Grant G15HN0006A Page 5 of 5 Via U.S. Postal Mail: Via FedEx: P.O. Box 6021 7700 Wisconsin Avenue Rockville, MD 20852 10th Floor Bethesda, MD 20814 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Name: Floyd Simpson Organization: Corpus Christi Police Department Date: Initiative Cash by HIDTA FY 2015 Awarded Budget (as approved by ONDCP) HIDTA Houston Agency Name Initiative Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Total: Corpus Christi Police Department Cash Type Grant 168,200.00 Investigation G15HN0006A 168,200.00 Total 168,200.00 12/16/2014 10:25:21 AM Quantity Quantity Amount Quantity mount Budget Detail 2015 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G15HN0006A) Resource Recipient - Corpus Christi Police Department Awarded Budget (as approved by ONDCP) $168,200,00 Personnel Administrative Staff Analyst - Program Total Personnel 1 1 $38,000.00 $35,000.00 $73,000.00 Fringe Administrative staff Analyst - Program Total Fringe 1 1 $15,000.00 $14,000.00 $29,000.00 Overtime mount Investigative - Law Enforcement Officer Total Overtime 4 $35,600.00 $35,600.00 Quantity mount Equipment rentals Vehicle allowance Total Services Total Budget 4 $1,800.00 $28,800.00 $30,600.00 $168,200.00 Page 1 of 1 12/16/2014 10:25:21 AM February 9, 2015 Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Simpson: Grant number G15HN0006A has been increased and now totals $168,200.00. The original of Modification 1 is enclosed. If you accept this Modification, sign the Modification and return a copy to the Assistance Center in Miami. Keep the original Modification for your file. All terms and conditions of the original award apply to the Modification. If you have any questions pertaining to this grant award, please feel free to contact Lisa Newton at (202) 395-6639. Sincerely, Michael K. Gottlieb National HIDTA Director Enclosures Executive Office of the President Office of National Drug Control Policy AWARD Grant Page 1 of 1 1. Recipient Name and Address Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G15HN0006A 5. Grant Period: From 01/01/2015 to 12/31/2016 1A. Subrecipient IRS/Vendor No. 6. Date: 2/9/2015 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number 1 X 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: $33,135.00 3. Project Title Multiple 10. Amount of This Award: $135,065.00 11. Total Award: $168,200.00 12. • The above grant is approved subject to such conditions or limitation as are set forth in the original Grant. • Consistent with P.L. 113-235 / H.R. 83, Consolidated and Further Continuing Appropriations Act, 2015, this Grant Award document provides additional funding in the amount indicated in Block 10. This amount, together with the amount equivalent to 19.7% of the fiscal year 2014 funding level previously made available, as indicated in Block 9, represent the total FY 2015 budget and spending ceiling for this grant, as indicated in Block 11. 13. Statutory Authority for Grant: Public Law 113-235 / H.R. 83 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director 15. Typed Name and Title of Authorized Official Floyd Simpson Corpus Christi Police Department 16. Signature of Approving ONDCP Official 4( bkad K. illoWieb 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1516XX OND6113 OND2000000000 OC 410001 Initiative Cash by HIDTA FY 2015 Current Budget (net of reprogrammed funds) HIDTA Houston Agency Name Initiative Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Total: Corpus Christi Police Department Cash Type Grant 168,200.00 Investigation G15HN0006A 168,200.00 Total 168,200.00 2/4/2015 8:14:40 AM Quantity Quantity Amount Quantity mount Budget Detail 2015 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G15HN0006A) Resource Recipient - Corpus Christi Police Department Current Budget (net of reprogrammed funds) $168,200,00 Personnel Administrative Staff Analyst - Program Total Personnel 1 1 $38,000.00 $35,000.00 $73,000.00 Fringe Administrative staff Analyst - Program Total Fringe 1 1 $15,000.00 $14,000.00 $29,000.00 Overtime mount Investigative - Law Enforcement Officer Total Overtime 4 $35,600.00 $35,600.00 Quantity mount Equipment rentals Vehicle allowance Total Services Total Budget 4 $1,800.00 $28,800.00 $30,600.00 $168,200.00 Page 1 of 1 2/4/2015 8:14:41 AM AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2015 DATE: 3/5/2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Parks and Recreation Department StacieT@cctexas.com, 361-826-3494 Retired Senior Volunteer Program (RSVP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service. The amount of $18,059 is the States portion of the three year contract. There is no additional local match for this portion. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (11/15/2013-06/30/14) and fiscal year 2013-2014, 431 enrolled volunteers contributed 47,000 hours through 40+ different non-profit organizations like the, The Women's Shelter, Corpus Christi Food Bank, Deaf & Hard of Hearing Center, KEDT TV, Corpus Christi Metro Ministries, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 156,076 $ 156,076 Encumbered / Expended Amount This item (transfer) (79,173) (79,173) This item (grant) 21,671 21,671 BALANCE $ 98,574 $ 98,574 Fund(s): Parks and Recreation Grant Fund Comments: State grant for FY15. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant 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 $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. SECTION 2. That the $21,671 State grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. SECTION 3. That $79,173 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Retired Senior Volunteer Program. SECTION 4. That $79,173 is appropriated in the No. 1067 Parks and Recreation Grant Fund. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Retired and Senior Volunteer Program For Official live Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 Award Information Agreement No.: 13RZWTX022 Project Period: 09/06/2013 - 08/31/2015 Amendment No.: 4 Budget Period: 11/15/2013 - 08/31/2015 CFDA No.: 94.002 Grant Year 2 Award Description award funds Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C.. Chapter 22) using money appmpriatcd by the State of Texas. Funding Information Previously This Award/ Total Current Year 2 Awarded Amendment Year This Year ✓oral Obligated by CNCS S0 521.671 521,671 Grantee's Unubligated SO SO SO Balance (Carryover) 'Rental Available SO 521.671 521,671 Cumulative Funding for Project Period Total Awarded in Previous Amendments SI8.059 Total CNCS Funds Awarded to Date 539,730 Funding Source and Amount 2015 -OPE 1 -Q53 -OPO -22413-4101 $21,671.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 9/23/2014. Ail other terms and conditions remain unchanged. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at hltps://egrants.cns.govlerinsandconditions/RSVPTandC Revised20140114.pdf, all assurances and certifications made In the Grant application, and all applicable federal statutes. regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and hudgel(s). supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Page 1 For Official Use Only For Official Lie Only Notice of Grant Award Retired and Senior Volunteer Program Grantee City of Corpus Christi 1201 Leopard Si PO Box 9277 Corpus Christi 1 X 78401-2120 Corporation for National and Community Service: 12/05/2014 Signature pale Kcisn Thompson Name (typed) Senior Grants Officer Title 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 EIN:74600057} Kcisa Thompson, 215-964-6334 Grants Official Benjamin Alampresc, 512-391-2944 Program Official Paw 2 Far Official Use Only AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2014 DATE: March 3, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director, Parks and Recreation Department 361-826-3494, StacieT@cctexas.com Appropriation of funds for the Latchkey After School Snack Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. PURPOSE: Appropriation of grant funding to allow for continuation of the afterschool snack program. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. The Parks and Recreation Department has a total of 24 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. The City and CCISD entered into a local interagency agreement for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City entered into a contract with CCISD to prepare and deliver snacks at a rate of $.76 per snack for the school year beginning October 1, 2013 - June 10, 2018 (based on Federal funding year). CCISD will also maintain and provide menu preparation records. It is estimated that approximately 12,000 youth per month are served after school snacks. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $166,173 in order to implement the program. ALTERNATIVES: Reject the grant award and discontinue the afterschool snack program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds and approve interlocal agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 166,173 166,173 BALANCE 166,173 166,173 Fund(s): Parks and Recreation Grant Fund 1067 Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Award Interlocal Agreement with CCISD Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. 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 in the amount of $166,173 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Unified Nutrition Programs System I Application Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 01507 Status: Active CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DSA 1201 LEOPARD CORPUS CHRISTI, TX 78469 9277 County District Code: 178 ESC: 2 TDA Region: 5 Packet Submitted Date: 10/14/2014 Packet Approved Date: 10/15/2014 Packet Original Approval Date: 10/15/2014 Packet Status' Approved Action Latest Form Name Version Status View i Revise ✓ Contracting Entity Application Revise 1 Details I/ Board of Directors View I Revise s/ Contracting Entity Budget Detail Details ✓ Checklist (6) View Application Packet Notes for CE Original Approved Original Approved Original Approved Approved Pending Return tar Denied Withdrawn/ Tatal Correction Closed error Applications Site Application(s) 24 0 0 0 0 0 24 Next Base Year Renewal: 2017 - 2018 Show Packet History https://txunps 1.texasagriculture.gov/TXUNPS/Cacf/AppPacket.aspx7enc=acnVachf"t9rjd... 11/7/2014 Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager ("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through Its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally -funded and state -administered program to provide after school snacks to school-age children at approved after school program sites; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, to City for a fixed fee; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2013, and continues for up to five school years, through approximately June 10, 2018. Section 2. Consideration. Initially, the City shall pay the District $0.75 per snack -sized meal ("Snack" or "Snacks") provided to City by the District. Thereafter, the City Manager is authorized to approve annual amendment to this agreement to adjust the cost per snack, so long as the annual increase does not exceed 5% from the previous year's cost. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are Incorporated in this Agreement by reference; and Snack Records, which will include the daily number of Snacks delivered by type and which comply with the 2014-001 1/21/14 Ord. 030058 CCISD INDEXED Page 2 of 4 requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C)District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The Districts food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City -sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. 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. Page 3 of 4 Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Termination. Either party may terminate this agreement by providing sixty (60)_ days advance written notice of termination. Any notices under this agreement to the City shall be sent certified mail, return receipt requested, and mailed to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 Any notices under this agreement to the District shah be sent certified mail, return receipt requested, and mailed to: Corpus Christi Independent School District Attn: Director of Food Services 4922 Westway Corpus Christi, Texas 78408 Section 15. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. EXECUT.. 1 I DUPLICATE, each of which shall be considered an original, on this the day of , 20'i, ATTEST: TLL- City Secretary CITY OF C •.:+1I11 RIS Ron Id—•� son, City anager sT Mucfl.. _ 1 2-j iffy ......_,......»..... ilii TAR Page 4 of 4 ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: See Attached Page Name: Name: Title: Title: Date: Date: Approved as to form. 7- Ass scant City Attorney For City Attorney DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403-0110 By: D. Scott EIIiff, Ed.D. Superintendent of Schools Date: /e/g l5 Reviewed and A• proved for Purchasing Compliance By: aa Brij j:ya lA, C.P.M Di t.. fo rc asing and Distribution Approved as to Legal Form By: John J. Janssen General Counsel for CCISD w Date: 40/43 Date: /o -y-(3 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2015 DATE: TO: Ronald L. Olson, City Manager March 4, 2015 FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Texans Feeding Texans Grant Award for the Home Delivered Meal Program CAPTION: Ordinance authorizing the City Manager or designee to ratify the execution of all documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services — Texans Feeding Texans. PURPOSE: Appropriate Texans Feeding Texans grant funds to supplement the Elderly Nutrition Program Home Delivered Meals Program. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texans Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY 2015 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. Last year's funding for this grant was $62,142.63. The award amount has decreased due to the increased number of other agencies applying for the limited funds. The Texans Feeding Texans Program provides funds to supplement the food and food supply budget and supports one full time staff position dedicated to the Home Delivered Meal Program. ALTERNATIVES: Do not accept the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item 49,795.82 49,795.82 BALANCE 49,795.82 49,795.82 Fund(s): Parks & Recreation Grant Fund 1067 Comments: There is no required city match for this grant. RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance ratifying the execution of documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services — Texans Feeding Texans. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the execution of documents necessary to accept a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program is hereby ratified and the grant amount is appropriated in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services — Texans Feeding Texans. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015 by the following vote: Nelda Martinez Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Grant Agreement Number HDM-15-1420 TEXAS DEPARTMENT OF AGRICULTURE GRANT AGREEMENT Period of Performance/Term of Agreement From: 02/01/2015 To• 01/31/2016 Grant Program. Texans Feeding Texans: Home -Delivered Meal Grant Program Project Tide: 2015 Texans Feeding Texans: Home -Delivered Meal Grant Program Amount of Grant Funds , $49,795.82 Amount of Matching Funds $ 0.00 Type State — General Revenue GRANTEE Name City of Corpus Christi, Parks and Recreation Department Physical Street 1201 Leopard Street GRANTOR Name Texas Department of Agriculture City/State/Zap Corpus Christi, Texas 78401 Project Manager Elsa Munoz Physical Street 1700 North Congress Avenue Stephen F. Austin Building, Irk Floor City/State/Zip Austin, Texas 78701 PhoneEmail 361-826-3145 [ elsam@cctexas.com Authority and Purpose Chapter 12 of the Texas Agriculture Code (Code) provides that the Grantor, shall encourage the proper development of agriculture and that the Grantnr may enter into cooperative agreements with Iocal, state, federal and other governmental entities to carry our its duties under the Code. In accordance with Section 12.042 of the Texas Agriculture Code, funds have been appropriated to the Grantor to help defray the costs of providing home -delivered meals that are not fully funded by the Department of Aging and Disability Services or an arca agency on aging. Grants Coordinator Karen Reichek PhoneE-mail (512) 463-9932 I Grants@TexasAgriculture.gov Required Attachments Attachment A - Award Specific Provisions Attachment B -Standard Tema and Conduinru Anachment C - Approved Budget Attachment D - Certification and Assurances All required attachments are incorpo ated into this grant agreement as if fully set forth herein. Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the teras of this Agreement shas be by amendment in writing and executed by bath parties to this Agreement or as otherwise provided. Such amendments shall not invalidate this agreement, nor relieve or release the Grantor or the Grantee from its obligations under this a3�reement. Authorized Signatory. Each person signing the Agreement certifies that he or she is authorized by the Grantor or Grantee to bind the party on whose behalf they are signing to the terms and conditions in the Agreement. This Agreement is executed by the Parties in their capacities as stated below. Grantee Michael Morris, Director Date 1 xl /dd r5/ mm till Avant Ageanc u Minh• 15 14It1 Tim -City arCorpus Christi. Packs and Rer aeon Dcpanmcnr Grantor Jason Fcameyhough, Deputy Commissioner Date MT Pap. l of Texas Department of Agriculture Attachment A —Award Specific Provisions 1 Program Purpose and Grant 1.1 1.2 This Agreement is for the Texans Feeding Texans: Home -Delivered Meal Grant Program ("Program") to distribute grant funds to eligible organizations that provide home -delivered meals to homebound persons who are elderly and/or have a disability. Grantee has applied for a grant from the Program and has met all requirements for receiving the Grant 1.3 Grant Budget. Grantee shall provide a detailed budget for the year, attached hereto as "Attachment C", not to exceed a total of 349,795.82 for all awards granted for the Term of the Agreement, signed by the Grantee, wing the budget categories by which Grantee shall be submitting Quarterly Report information. 2 Grantee Obligations 2.1 Quarterly Report. Grantee shall provide to Grantor a quarterly report in a format prescribed by Grantor. The report must track the expenditure of Grant funds in sufficient detail to assure compliance with Program rules. Grantee shall submit quarterly reports on or by the due dates as follows• • June 1, 2015 for the period February 1, 2015 — April 30, 2015. • September 1, 2015 for the period May 1, 2015 — July 31, 2015. • December 1, 2015 for the period August 1, 2015 — October 31, 2015. • March 1, 2016 for the period November 1, 2015 — January 31, 2016. 2.2 Payment Schedule. The Grantor shall make a grant award not later than February I to Grantee. Fifty percent (50%) of grant funds awarded shall be allocated and distributed to Grantee within a reasonable time following the grant term start date. The remaining fifty percent (50%) of such grant award shall be allocated and distributed to Grantee on or about August I. Notwithstanding any other provision of this subchapter, the Grantor may deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement of Texas Administrative Code Tide 4, Part 1, Chapter I, Subchapter 0, Sections 1.950 et seq. 2.3 Performance by Grantee. Grantee shall use Grant in accordance with the terms of this Agreement and Texas Administrative Code Title 4, Part 1, Chapter 1, Subchapter 0, Sections 1.950 et seq. 2.4 Non -expended Grant Funds. Grantee understands and acknowledges that grant funds that are not expended by Grantee prior to the end of the Term of Agreement, including any authorized extensions, must be returned to the Grantor. Failure to remit unused funds may result in legal action against Grantee, including, without limitation, making Grantee ineligible for future Program funds. 2.5 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meal substitution procedures approved by a registered dietician or a person with a bachelor's degree (or higher) in food and nutrition, dietetics, or food service management, who is curzently employed as a dietitian or dietary consultant in a hospital, nursing facility, school, home -delivered meal organization, or in private practice. Grantee shall maintain documentation of such approval. Madman A #1111M-15-14 33 IDA — City niCorpus rUrn4 Park, and Rxaonun 1)eparernent Pae. 1 of 2 2.6 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall maintain policies to ensure compliance with meal temperature standards and the Program's four-hour delivery requirement at each meal preparation location Grantee shall also maintain records demonstrating compliance tvith Grantee's policies. if Grantee does not comply with meal temperature standards and the four-hour delivery requirement due to exceptional circumstances, the Grantee should seek a written waiver from Granter as soon as practicable following the occurrence of the exceptional event or circumstances. If Grantee fails to comply with the Program's four-hour delivery requirement, Grantee will be required to implement corrective action, as determined by TDA, prior to applying for future funds. 2.7 Failure to Obtain a Food Establishment Permit or Comply with Texas Food Establishment Rules (TFER). If it is determined that Grantee failed to obtain a required food establishment permit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set forth in sections 6.1 and 7.1 of this Agreement, including, without limitation, termination of the Agreement and taking legal action to obtain full repayment of the Grant. 2.8 Notice of Failure to Receive County Grant. Grantee shall promptly notify the Grantor of any failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Title 4, Part 1, Chapter 1, Subchapter O, Section 1.953 as reported by Grantee in its application for funds under this Program. Failure of Grantee to receive, or reduction in the amount of, county grant funds may result in the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed. 2.9 Eligible Meals The Grant is based on the number of Eligible Meals served by Grantee. Eligible Meals are calculated by subtracting the meals funded by the Texas Department of Aging and Disabilities and/or Area Agency an Aging from the total number of meals delivered as reported by Grantee in a county between September 1, 2013 and August 31, 2014. The Grant is calculated on the remaining number of meals. For purposes of this Grant, any meals that are not Eligible Meals arc classified as Ineligible Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Ineligible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. Attachment A Hl t3JAI Is 7131 IDA _ Cal of Curium fie, Puln.Mt fiecnation D p rm e,r t'age2uf2 Texas Department of Agriculture Attachment B—Terms and Conditions 1.1 Application. Grantor and Grantee (the Parties) agree to the following terms and conditions, which are applicable unless a term of the Award Specific Provisions clearly indicates otherwise. in the event that any terms between Attachment A and Attachment B of this agreement conflict, Attachment A shall control. 2. Deirnitiorts 2.1 "Agreement" - The Grant Agreement and all attachments thereto. 2.2 "Authorized Official" .- Grantee's representative authorized to bind the Grantee and take action on its behalf. 2.3 "Commissioner" - The Commissioner of Agriculture. 2.4 "Department" -- The Texas Department of Agriculture. 2.5 "Deputy Commissioner" - The Deputy Commissioner of Agriculture. 2.6 "Fiscal Officer" - Grantee's designated representative responsible for all financial and budget reporting functions related to the administration of the grant, as required by the Agreement. 2.7 "Grant Coordinator" - Grantor's designee responsible for and authorized to coordinate the Grant Program. 2.8 "Non -Expendable Personal Property" - Tangible personal property having a useful life of more than one year and an acquisition cosi of $5,000.09 or more per unit. 2.9 "Project Manager" - Grantee's designated representative responsible for day -to day project management and coordination. 3 Reporting Requirernenrs. 3.1 Performance Reports. A. Quarterly Reports Required. Performance reports shall be submitted on a form prescribed by Grantor. These reports shall be in a narrative format, from one to three pages in length, and detail the accomplishments of the project objecnves for the previous three-month period. The due dates for reports arc thirty days after the end of each report period set in section 3.3. B. Final Performance Report. The final report shall follow the format prescribed by the Tom Department of Agriculture 1 n& & tiuvinen Development . Grants' Jtment 8—1 ng and Conditions Pao:of 13 Grantor. fhe Final Performance Report is due thirty days after the expiration or termination of ads Agreement, whichever occurs first 3.2 Budget Reports. A. Budget Reports. Budget Reports shall be subtnitted on a form prescribed by Grantor. 'cheese reports shall detail use of grant funds spent to date and must be submitted within die time prescribed by Section 3.3 of this Attachment B. B. Budget Report. Both the Fiscal Officer and the Project Manager must sign the Final Budget Report. The form shall detail the use of all award funds in accordance with the approved budget. The Final Budget Report is due sixty days after the expiration or termination of this Agreement, whichever occurs first. Grantor shall not reimburse any expenses incurred after the termination of this Agreement 3.3 Quarterly Reporting Periods. Quarterly reports must be submitted no later than thirty days after the end of the following reporting periods: • September I thru November 30; • December 1 thru February 28; • March 1 three May 31; and • June I thru August 31. 3.4 Annual Inventory of Property. Grantee's Project Manager or Fiscal Officer shall provide to the Grantor an Annual inventory of Grantor Non -Expendable Personal Property detailing the items' location and condition on die form prescribed by the Grantor. 3.5 Failure to Comply with Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the revocation of a Grant, withholding of request(s) for reimbursement, requiring the repayment of Grant funds disbursed to Grantee, and/or Grantee's ineligibility for future Program funds. 4 Agreement Modifications 4.1 Agreement Modifications. The Agreement cannot be changed, terminated or modified in any manner other than as provided for herein. Grantor is not obligated to approve requests for modification. 4.2 Requested Agreement Changes by Grantee. The Grantee may request changes to the Agreement, budget or objectives and deliverables by submitting the requested change to the Grantor in writing. Except as otherwise provided in the Agreement, requested changes shall only become effective upon written approval of the Grantor. Written notice of approval or denial of the Grantee's request will be sent to the requestor. 4.3 Time for Requesting Agreement Changes. The Grantee may request changes to the Agreement by submitting the requested change, in a format prescribed by Grantor, including justification for the request, to the Grant Coordinator no later than thirty days pnor to the end of the Term of Agreement. Requests for Agreement changes may be submitted for reqs Department of Agriculture Tri & Business Development [;rants Attachment d 'I rims and Conditions a'sKe 2 of 1 ] approval within thirty days prior to the end of the Term of Agreement, but only for good cause as determined by the Grantor based on thc justiicauon subnutted with the request. 'the following requests shall be considered: A. Material Budgetary Changes. if a budgetary change for an amount exceeding UP o of the Grant Award is needed, it must include: 1) A statement explaining the need for thc change; and 2) Documentation indicating the hne items and amounts to be changed. B. Programmatic Change. If a programmatic change is requested, such as the scope, target, or focus of the Grant Project, the request shall include a detailed explanation and a statement for the change. C. Agreement Extension. Grantee shall submit to Grantor written request with an explanation, for an extension of the Agreement not less than thirty days prior to the end of the Term of Agreement. The explanation should demonstrate that the extension is necessary due to unforeseeable circumstances preventing completion of the Grant Project. 4.4 Budgetary Revisions. The Grantee is allowed to make budgetary revisions without prior approval for up to 1000 of the grant award. The total of the revisions is a cumulative amount totaling I0 ° of the award. These funds may only be reallocated to eligible and previously approved line items, excluding indirect costs and equipment purchases. Notification of any revisions must be submitted to the Grantor in writing within ten business days prior to the subsequent payment request. 4.5 Grantor Amendment. Grantor may alter, amend, change, modify, revise, or supplement the terms of the Agreement by providing written notice of amendment to Grantee. Grantee's continued performance under the Agreement constitutes acceptance of Grantor's amendment. 4.6 Approved Changes Become Part of Agreement. Once approved in accordance with this A ttachment, approved changes become a part of the Agreement, superseding all provisions that are inconsistent herein. 4.7 Lack of Approval for Budget Transfers. Lack of prior approval for the following will be grounds for denial of reimbursement requests for the following items: A. Budget transfers exceeding 10% of the grant award; B. Indirect costs; and/or C. Equipment purchases. 4.8 Grantee Project Manager Change. Grantee shall notify Grantor in writing within seven days of Grantee's Project Manager separation from, or notice of intent to separate from the Tens tkpartm ni nrAgriculture Trade & Busat<Ys Devckpmcnt Grants Attachment 13 Tarin sod {:ondinum Page 3 tit" 13 Grant during the Tenn of the Agreement Such entice shall include the date of termination of the Project Manager's affiliation. 4.9 Grantor's Approval of Proposed Project Manager Change. Grantor shall review Grantee's request and provide written approval or denial of the proposed change within 10 business Clays after receiving such notice from Grantee. if Grantor does not approve such substitution, then the Agreement shall be temporarily suspended until an alternative Project Manager is approved or the Agreement is terminated in accordance with Section 8.1 of this Attachment B. 4.10 Reimbursement After Project Manager Separation. Unless Grantor has approved the Project Manager change under Section 4.9 above, Grantor will not reimburse Grantee for any expenditure directly associated with the Project Manager under the Agreement that is incurred after the effective date of termination provided in the written notice under Section 4.8 above. Such expenditures include, but are not limited to the Project Manager's salary, incidentals, and/or travel. In the event of any conflict between Sections 4.10 and 8.5 of this Attachment B, Section 8.5 will prevail. 5 Compliance 5.1 Access to Records. During the Term of Agreement and for at least three years after termination of the Agreement, Grantee shall allow representatives of Grantor and/or the State Auditor's Office upon request by such, access to and the right to examine the premises, books, accounts, records, files and other papers or property belonging to or in use by Grantee and pertaining to the Agreement. Such records shall be maintained by Grantee at a location that is readily accessible to Grantor and/or the State Auditor's Office. 5.2 Authority to Audit and Investigate. Grantee understands that acceptance of grant Rinds under the Agreement acts as acceptance of the authority of the State Auditor's Office, its successor agency, and any representative of the Grantor to conduct an audit or investigation in connection with such funds. Grantee further agrees to cooperate fully with the State Auditor's Office, its successor or any representative of the Grantor in the conduct of the audit or investigation, including providing all records requested and providing the State Auditor or any representative of the Grantor with access to any information they consider relevant to the investigation or audit. Grantee shall ensure that the clause concerning the authority to audit funds received indirectly by any subcontractors used by Grantee and their requirement to cooperate is included in any subcontracted awards. 5.3 Records Retention. All records under the Agreement are required to be maintained by the Grantee for three years after the expiration or termination of the Agreement, or any litigation or audit is completed, whichever is longer. 5.4 Copies of Financial Audit. If Grantee has a financial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to Grantor or provide information as to where the audit report can be publicly viewed, including the audit transmittal letter, management letter, and any schedules in which the Grantor's funds are included. Tars Dcpsnrme„ t of Agneuhwr Tads & Buhl+was Development • Grum Anachnun, 8 — .ATM and Condition" Page 4 of 13 5.5 Notification Regarding Grantee's Fiscal Officer or Authorized Individual Changes. Grantee shall immediately notify Grantor if Grantee's Fiscal Officer or Authorized Individual Ieaves or otherwise changes during the Term of Agreement Grantor shall not process grant payments during any period of time for which Grantee has failed to designate a Fiscal Officer or Authorized Individual. 5.6 Notification of Subcontract/Assignment. Any delegation by Grantee to a third party of any of the dudes and responsibilities under the Agreement shall not relieve Grantee of its responsibility to Grantor for its proper performance under the Agreement. Grantee cannot subcontract or assign any of its dudes under the Agreement without advance written nonce to Grantor and prior written approval of Grantor, which shall not be unreasonably withheld Lack of notice may be grounds for termination of the Agreement. 6 Intellectual Property 6.1 Copies of Materials to Grantor, Non -Disclosure. The Grantee shall pmvidc to the Grantor any Intellectual Property, information, data, conclusions, or reports as it may develop or produce as a result of the Agreement at least thirty days prior to its publication, release, or dissemination, in any form, for Grantor's review and comment. If Grantee and Grantor agree for good cause that such materials or information should remain confidential, Grantee shall not disclose or publish any information gathered, compiled, produced, reviewed or controlled by Grantee in connection with the approved Grant Project defined in Attachment C. For purposes of this section, good cause includes {i) breach of the Agreement by Grantee and (n) Grantee's failure to meet the Grant Project's objectives. The Grantee shall provide to the Grantor copies of all printed or recorded materials which describe or publicize the project, including brochures, press clippings, audio and video tapes, and photographs of sites and signs. The Grantor shall have the right to publicize the Grant Project and to use and disseminate the information, data, conclusions, articles, reports, brochures, audio and videotapes, photographs, and other hems provided by Grantee. Notwithstanding any other provision in the Agreement, Grantee agrees that if Grantee commits a material breach of the Agreement, or if Grantor terminates the Agreement for cause, then Grantor shall be the sole owner of any intellectual Property created under the Agreement, and Grantee has no rights to said Intellectual Property whatsoever. 6.2 Reports to Grantor. If the Grantee first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under the Agreement, it shall report that fact to the Grantor. 6.3 Copies of Intellectual Property Materials to Grantor. The Grantee must submit a copy of any intellectual property materials produced as a result of the Grant Project to the Grantor at least thirty days prior to publication, release, or dissemination. 6.4 Funding Statement. All materials produced as a result of the Grant Project must include a statement that the work was funded, in whole or in part, by the Grant Program as administered by the Texas Department of Agdculture. 'lens bcparimem 4 o Agriculture Trade dr thvelopment Chante Attachm t t3 —Terni and r rmditm s Pege5'of 1} 6.5 Grantor's Rights. 7 he Grantee may obtain governmental protection for rights in thc intellectual property. However, thc Grantor reserves a royalty •free, nonexclusive, perpetual and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property created or produced in whole or m part with funds received under the Agreement and for which the Grantee obtains intellectual property rights. 6.6 Grantee's Responsibilities. In performing work under the Agreement, the Grantee shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third party's Intellectual property rights. It shall hold the Grantor harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify the Grantor against, any claims for infringement related to its work under the Agreement. 6.7 Subcontract Provisions. The Grantee shall include provisions adequate to effectuate the purposes of Section 6 of this Attachment in all subcontracts under the Agreement in the course of which intellectual property may be produced or acquired. 6.8 Intellectual Property Developed with Other Funding. Nothing in Section 6 of this Attachment is intended to give the Grantor a right to any intellectual property developed with funds other than those provided by the Agreement or used as matching funds under the Agreement. 7 Payments. 7.1 Lack of Funding. The Agreement is subject to the availability of state, federal or private funds. if such funds become unavailable during the Term of Agreement and Grantor is unable to obtain sufficient funding for the Agreement, the Agreement will be reduced or terminated. 7.2 Grantee in Good Standing. Grantee understands that in order to be eligible for payment from Grantor, Grantee must be in good standing with the.] exas Comptroller of Public Accounts. 7.3 Reimbursement. Grantor shall reimburse Grantee only for actual, reasonable and necessary expenses, in accordance with the following circulars, directives, policies and standards: A. OMB Circular A-102, 2 CFR 215, 2 CFR. 220, 2 CFR 225, and 2 CFR 230 as applicable; B. The Uniform Grant Management Standards (" UGMS"); C. As provided for in Attachment C, and to the extent the expenditure is allowable as determined by Grantor, and D. Only to the extent such expenses have been incurred by Grantee in the fulfillment of the objectives provided for in Attachment C. 7.4 Reimbursrme:nt Documentation. Grantee shall submit to Grantor, for each Texts 1kpanmcnt ttrAgricukurr Trade & 11 m : a ncvdkt,t - Chants tnachmcnt 8 'I uma and f ondia,�ns Page 6 oaf 13 reimbursement request, a completed Payment Request and Budget Comphance Report on a form designated by Grantor, including the following information, if appbcable: A. Personnel Costs. Back-up documentation for salary/wages and fringe benefits must be provided that detail personnel time billed directly to the program. B. Travel Casts, 'Travel costs are allowable for transportation, lodging and related expense items incurred by Grantee while traveling withui Texas on official business dtrecdy related to the Grant Project. Reimbursement for travel is limited to the federal Domestic Per Diem Rates, which can be found on the U.S. General Services Administration (GSA) Web site. For locations not listed on the GSA site, the nue will be limited to travel reimbursement rates as set by the Texas Comptroller of Public Accounts. The Grantor will address exceptions on a case-by-case basis. Copies of receipts for all expenditures, regardless of the amount, must accompany the request—including, but not limited to, airfare, lodging, transportation, incidentals, etc. A brief justification for the gavel must also be included. Meals, or any food related items related to travel and or per diem expenses are not an allowable cost and will not be approved for reimbursement. C. Supplies and Other Operating Costs. Copies of vendor invoices for purchases of ;500.00 or more and an itemized list of all invoices for purchases of less than ;500.00 must accompany the Payment Request. All backup documentation, including original copies of vendor invoices, must be made available to Grantor upon request during any audit conducted at Grantee's premises under the Agreement. D. indirect Costs. Grantor's maximum obligation also includes indirect costs of up to ten percent (10%) of actual costs. The inclusion of these indirect costs shall not change Crxantor's maximum obligation under this Agreement. In order to be reimbursed for indirect costs, Grantee must provide an Indirect Cost Plan to Grantor for approval 7.5 Payment Requests. Grantee must submit payment requests in a manner as proscribed by Grantor at least quarterly, with no greater frequency than monthly. 7.6 Final Payment Request. The final payment request must be received no later than sixty days following the completion of the Grant Project or after the expiration or tennutation of the Agreement, whichever occurs first. 7.7 Payment Schedule. In order to be eligible for reimbursement of a payment request, all reporting requirements must be current. Grant funds shall be paid according to the following schedule. A. Up to 9000 of the total grant award may be disbursed provided the work for which payment is requested has been completed and proper documentation to substantiate the request has been submitted pursuant to Section 7.4. B. The remaining 10% may only be disbursed if the disposition of all property purchased under the Agreement is submitted utilizing the form designated by the Grantor (if applicable). limas Department of Agriculture TraJt at Busman 13crelopsnent Grants Attachment 0 lama and t rmdatinns Page 7 cif 13 7.8 Payment CIassification. Funds reimbursed under the Agreement must be classified as "grants" for financial reporting purpnses 7.9 Use of Funds. Quarterly reports must demonstrate the expenditure of funds in a timely manner, as well as corresponding progress towards Grantee's project objectives. Lack of progress will be considered a breach of this agreement and unless cured in the time prescribed by Grantor, will result in the termination of this agreement. 7.10 Non -expended Grant Funds. Grantee understands and acknowledges that ant funds that are not expended by Grantee prior to the end of the Term of Agreementincluding any authorized extensions, shall be forfeited. 7.11 Required Repayment of Grant Funds. A. Grantor will deny any requests for reunbursement and/or require repayment of Grant funds disbursed to Grantee if: 1) Grant funds are misused; 2) Grantee violates any term, condition or provision of this Agreement; or 3) Grantee made any misrepresentations to Grantor in obtaining this Grant. B. This provision is not exclusive of other grounds for withholding or requiring repayment of grant funds or any other remedy, civil or criminal, which may be available to Grantor. 7.12 Matching Funds. Grantee is required to expend matching funds in an amount equal to or greater than the pledged match as outlined in Attachment C. Requests for reimbursement will only be paid after Grantee provides documented minimum expenditure of matching funds in an amount proportionate to the reimbursement request. 8 Termination ofAgreement 8.1 Agreement Termination. The Agreement ma be consent. Int adclition eitherY tc rrniaatrd at any time by mutual party may terminate the Agreement, without cause, upon thirty days' written notice via registered or certified mail, return receipt requested, to the other party Early termination of the Agreement shall not relieve Grantee from the obligation of providing final performance and budget reports regarding the expenditure of grunt funds received prior to termination. If one party terminates the Agreement, pursuant to this section, then the effective date of termination is thirty days from the date that the non - terminating party receives the notice of t errnitnation. 8.2 Immediate Termination. Any default or breach of the Agreement, including but not limited to, Grantee's failure to meet reporting requirements for more than one quarter (does not have to be consecutive), or fulfill any other obligation under the Agreement, shall constitute cause for immediate termination of the Agreement. Such termination is effective upon written notification by Grantor by mailing written notice via registered or certified mail, return receipt requested, to Grantee. The effective date of termination is three days after Grantor mails Granter notice of termination. 7 ria+.rhparrmem of Atincutn ire "'omJe & Barin,► Development Clams Attachment H 'beton and D'agtBuf13 8.3 Curable Breach. If Grantor determines that a breach by Grantee is curable, Grantor may send written notice to Grantee stating the nature of the breach. 5huuld the breach not be cured by Grantee within thirty days from the date of the notice, the Agreement will be immediately terminated. Forbearance of this section or any other termination provision by Grantor shall not constitute a waiver of the breach. 8.4 Termination for Lack of Appropriate License/Permits. Grantee's failure to obtain and maintain applicable federal, state, and local licenses and permits shall constitute cause for immediate termination of the Agreement. 8.5 Reimbtusement upon Termination. In the event of termination of the Agreement, Grantee shall be reimbursed for eligible, documented expenses in accordance with the Agreement up to the date of termination. Expenses incurred beyond the date of termination will not be reimbursed, and Grantee specifically waives all rights to any further funds upon termination of the Agreement. 8.6 Effect of Expiration or Termination. Sections 3.1, 3.2, 5.1, 5 2, 5.3, 5.4, 6.1, 6.3, 6.4, 7.11, 8.1, 9.5, and 9.6 of this Attachment B shall survive the expiration or termination of the Agreement. Notwithstanding anything to the contrary contained in the Agreement, termination of the Agreement shall not release or relieve either Grantor or Grantee from any liabilities or damages arising out of any breach of the representations and warranties made by it, or its failure to perform any of the covenants, agreements, duties or obligation arising under the Agreement. 9 Disposition of Property 9.1 Property Vested in Grantee. When personal property is acquired by Grantee with grant funds, title shall be vested in Grantee, subject to the Agreement: 9.2 Personal Property Used in Accordance with the Agreement. During the Term of Agreement, such personal property shall be used in accordance with the Agreement to accomplish the public purposes served by the Grant Project. 9.3 Maintenance of Property Records. Grantee must maintain property records that include a description of the property, a serial number or other identification number, the source of property, who holds the title, the acquisition date, and cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property, on a form prescribed by Grantor. 9.4 Physical Inventory. A physical inventory of the property shall be taken and the results reconciled with the property records at least once every two years. or prior to termination of the Agreement, as applicable. 9.5 Non -Expendable Personal Property. After the termination of the Agreement, Grantee may continue to use any Non -Expendable Personal Property acquired under the Agreement I'e:aa Department of Agicutturr !Title & Business Dcvcanpme nt - [;iamb t'ogt: 9 of 13 ittachtrnernt R TcYms and t:ortdtt,,n in the Grant Project as long as needed, whether or not the project cottuuues to be supported by grant funds In the alternative, Grantee may sell the property and reinvest the proceeds in the Grain Project. 9.6 Property Disposition at Project Expiration or Termination. If the Grant Project has terminated and die property is no longer being used for the purposes specified to the Grant Project, then the property must be disposed of as follows: A. If the property has a current per-unit fair market value of less than $5,000.00, Grantee may use the property for other activities without reimbursement to Grantor or sell the property and retain the proceeds. B. If the property has a current per-unit fair market value of $5,000.00 or more, Grantee may retain the property for other activities, or sell it, but shall in either case compensate Grantor for its share. The amount of compensation shall be computed by applying the percentage of Grantor's actual participation in die cast of the original project to the current fair market value of the property. C. If Grantee has no further need for and is unable to sell the property, Grantee shall request disposition instructions from Grantor. 9.7 Expendable Personal Property. Expendable personal property acquisition. If there is a residual inventory of suh property eceeding$5,00p 00 in o� Pon aggregate fair market value upon completion of the Grant Project, Grantee may retain the property for other activities, or sell it, but must in either case compensate Grantor for its share. The amount of compensation shall be computed in the same manner as Non - Expendable Personal Property. If Grantee has no fruther need for and is unable to sell the property, Grantee shall request disposition instructions from Grantor. 10 General Terms and Conditions 10.1 Delegation to Third -Party. Grantee is not relieved of its duties and obligations imposed by the Agreement through delegation by Grantee to a third -party. 10,2 Agreement Binding. e ThAgreement shall be binding on and inure to the benefit of the parties and their officers, executives, administrators, legal representatives, and successors except as otherwise specified herein. Neither party may assign or transfer the Agreement without the written consent of the other party. The parties intend to be legally bound and have executed the Agreement as evidenced by their signatures on the date indicated below. The Agreement is not effective unless and until it has been signed by both parties. 10.3 Grantee Responsible for Compliance. Grantee shall be solely responsible for compliance with all federal, state, and municipal laws, ordinances, regulations, and sin contracting guidelines in the accomplishment of rhe Grant Project funded bythe$ or Agreement, and failure to comply with such shall constitute cause for immediate termination of the Agreement in accordance with Section 8.2 of this Attachment. Texas Department n j Agriculture 'node de Business Development - Chants Pap Ill of t3 Attachment 13 —Tunas nas and Conditions 10.4 Agreement does not Create Debt. The Agreement shall not be construed as creating any debt on behalf of the State of Texas, and/or Grantor in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, all obligations of the State of Texas or Grantor hereunder are subject to the availability of appropriations and authorization to pay by the Texas Legislature. 10.5 Delivery Methods. Unless specifically provided herein, any required notice to be given by either party to the other party must be affected by personal delivery in writing or by mailing same the registered or certified mail, return receipt requested. All notices shall be addressed to the parties at the address stated in the Agreement unless a change of address has been given in the manner provided for in this section. 10.6 Inspection by Grantor. During the Term of Agreement, Grantor may inspect Grantee's premises, accounting records, property records, and other records, to monitor Grantee's performance of the work and expenditures of the grant funds. Grantor further has the right to make a visual inspection of any assets purchased or constructed with grant funds. 10.7 Indemnification. Grantee shall indemnify and hold harmless, to the extent allowed by the laws and Constitution of the State of Texas, Grantor, its executives, officers, agents and employers, from any and all claims, demands, and causes of action arising from or related to Grantee's performance under the Agreement, including reasonable attorney's fees and settlement costs incurred in defending or settling any such claims. 10.8 Grantee Not Employee of Grantor. Grantee, its employees, contractors, and/or subcontractors shall not present thernsdves as or be construed as employees or agents of Grantor. Neither Grantee nor its employees have an employer employee relationship with Grantor. 10.9 Representations and Warranties of Grantee. Grantee represents and warrants that: it has the full right and authority to enter into the Agreement and to bestow on Grantor the tights and privileges set forth in the Agreement; it has obtained all necessary approvals prior to execution of the Agreement; it is in good standing with the Texas Comptroller of Public Accounts, and in all other jurisdictions in which it is required to be so qualified for performance of the Agreement; and it has paid all necessary fees, and it has obtained all necessary certifications, registrations, approvals and licenses necessary to perform the Agreement. 10.10 Applicable Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue shall lie in the District Courts of Travis County, Texas. 10.11 Dispute Resolution. The Agreement is subject to the dispute resolution procedures set forth in Chapter 2260 of the Texas Government Code. 10.12 Uniform Grant Management Standards. The Agreement shall comply in all respects with the Uniform Grant Management Standards (UGMS), Texas Government Code, 5783.007. In Texas I kpnmeat or.lgricrdiurc Trade & Susineeg Dcvclopman - fjrsnty Page I I u{ ly irt2Cllment B Tcrmo and t-unditions the case of any conflicts between UGMS and the Agreement, UGMS shall control 10.13 Texas Public Information Act. Grantee acknowledges that all information provided by Grantee pursuant to the Agreement, including information and material referred to in the Agreement, attachments and/or any amendments thereto, is subject to the Texas Public Information Act, Texas Government Code, Chapter 552, and may be subject to disclosure to the public. 10.14 Headings. Captions and headings of the sections or paragraphs of the Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of the Agreement, nor shall they be employed to interpret or aid in the construction of the Agreement. 10./5 Severability. finny part of the Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from the Agreement and the remaining part shall remain in full force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable provisions that arc essential parts of the Agreement. 10.16 Waiver. A waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. 10.17 Antitrust. Grantee represents and warrants that neither Grantee nor any firm, corporation, partnership, or institution represented by Grantee, or anyone acting for such firm, corporation or institution has (1) violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the Proposal to any competitor or any other person engaged in such line of business during the procurement process for this grant award. 10.18 Force Majeure. Neither Grantee nor Grantor shall be liable to the other for any delay in, or failure of performance, of any requirement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Eacha with proof of receipt, P rty must inform the other in writing, Pt, within three (3) business days of the existence of such farce majeure, or otherwise waive this right as a defense. 10.19 Buy Texas. Grantee shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. 10.20 Electronic and Information Resources Accessibility Standards, As Required by 1 Teras Deft/mon of Agriculture Trade de Business Lkvelopmeat ( soots Page 12 of 13 Mucha/un- 8 - Terms 2nd Cnndoions `I TAC Chapter 213. a. Effective September I, 2086 state agencies and Institution of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. b. If applicable, Grantee shall provide DIR with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of 'I exas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility Information is available from the General Services Administration —Buy Accessible Wizardl (http://www.buyaccessible.gov). Vendors not listed with the —Buy Accessible Wizardl or supplying a URL to their VPAT must provide D1R with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the —Buy Accessible Wizardl or obtaining a copy of the VPAT is located at http://www.section508.gov/. 10.21 Confidential Information. If it is necessary for Grantee to include proprietary or otherwise confidential information in its Proposal or other submitted information, Grantee must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire Proposal subject to release under the P1A. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by Grantee to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Act, Grantee may protect trade and confidential information from public release. Troop DDetranmeni e►r Agrin►hure Era& & Hushes U sclupmcn► Grams %itachman 11 1 cam+ and t und►duns t'agc13u(13 TEXAS DEPARTMENT Or AGRICULTURE ATTACHMENT C — APPROVED BUDGET Name of grantee City of Corpus Christi, Parke gad Recreation Department As stated in Attachment A, the Grant h based an the number of F;ligd,lc Meals served by Grantee I{hgiblc Meals are calculated by subtrar,ting the mrdls funded Ira DADS/AAA from die total numhcr of meals debvercd as reported by Grantee in a county between September 1, 2013 and August 31, 2014. The Grant is calculated an the remaining numhcr of meals. For purposes of this Grant, any meals that are not Eligible Meals are classified as Inehgible Mesh If an audit nr review of die Grant reveals that Grantee has received Grant funds based on lnebgible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terrns and conditions set by Grantor•, COMELEMELLTABLEarwmPlease estimate, to the best of your ability, how Texans Feeding Texjs Home Delivered Died Grant Program funds will be expended for our organisation dozing the grant period County Application Number Total # Meals Delivered (as repotted by Grantee) Total #Meals Funded by DADS/AAA (Ineligible) Remaining Eligible Meals Calculated GrantAmotmt Expenditure Category Personnel Food/Meals Equipment Building Occupancy Transporution Office Supplies and Services Other. Please specify exactly a. b. c. d. Nueces HDM-15-1420 136,484 104,636 31,848 549,795,82 Estimated Amount = 34.024.40 $ 15,771.42 5 S S f 1 S $ Total Grant Amount $49,795.82 During the grant year, Grantee must demonstrate that TDA grant funds were used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability, By signing, I certify that the information entered on this form is true and correct to the best of my knowledge Authorized official signature: Date: 4 &. Authorized Official, Title Li TDA HDM-1S-1420 Trade d Business Development - Grants Office Ifs ITIS City of Carpus Christi, Parke and Recreation Department Artachaent C' - Budget Attachment D CERTIFICATIONS AND ASSURANCES This certification is a material representation of fact upon which the '1exas Department of Agriculture (IDA) relies in determining the award of this agreement If it is later determined that die Grantee knowuigly rendered an erroneous certification, 'IDA, ui addition to any other remedies available to the state and federal governments, may take appropriate action. Grantees must complete this form before they will receive state and/or federal funds. Recipients of state and/or federal funds must fully understand and comply with these requirements. Failure to comply with applicable assurances may result in the withholding of funds, termination of the award, or other sanctions. The Grantee hereby assures and certifies compliance with all applicable federal and state statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A 21 (2 CFR Part 220), A 87 (2 CFR Part 225), A-116 (2 CFR Part 215), A-122 (2 CFR Part 230), and A 133, as applicable; Executive Order 12372; and Uniform Agreement Management Standards (UGMS) that govern the application, acceptance and use of funds for this project. Also, by signature hereon, the Grantee assures and certifies that: 1. LEGAL AUTHORITY — It possesses legal authority to cater into the agreement, including all understandings and assurances contained therein, and the person identified as the official representative of the Grantee is duly authorized b} the Grantee to act in connection with the agreement, to provide such additional information as may be required, to sign and execute the agreement on behalf of the Granter., and to validly and legally bind the Grantee to 211 of its terms, performances, and provisions. 2 CONTRACT/AGREEMENT ADMIN1S7RA170N - It will maintain an appropriate agreement administration system to ensure that all terms, conditions and specifications of the agreement, including these standard assurances, ate met 3. RELATIVES — It will comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Grantee's governing body or of the Grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by Local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 4. PUBLIC INFORMATION — It will ensure that all information collected, assembled or maintained by the Grantee relative to a project assisted by this award will be available to the public during normal prohibited by law. business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly 5. OPEN MEET INQ _. If the Grantee is a governmental entity, it will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings of open to the public, except as otherwise provided by law or specifically ermittendi n the to Constitution. 6. — Under Section 231.006, Texas Family Code, relating to child support obligations, the Grantee and any other individual or business entity named in this agreement, contract or application is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that this agreement may be terrninated and payment withheld if this certification is inaccurate. TDA — Award Agreement Attachment D Certifications and Assurances !'age 1 of 4 Attachment D 7. SUSPECTED CHILD ABUSE, - It will comply with the Texas l:amtly Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. R. NONDISCRIMINATION — It will cnmply with all State and Federal statutes relaung to nondiscrimination, including the following: • The Civil Rights An of 1964, as amended (42 U.S.C. 2000d ei • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) • The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et .req.) • The Age Discrimination Act of 1975 (42 U.S.C. 6101 et req.) 9. PISPLACFD PERSONS — It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions (42 U.S.C. §§ 4601 4655) which provides for fair and equitable treatment of persons displaced as a result of federal and federally -assisted programs. 10. POLITICAL ACTIVITY — It will comply with provisions of federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is to connection with an activity financed in whole or in part by federal agreements. (5 U.S.C. § 1501 et req,) 11. FAIR LABOR STANDARDS ACT — It will comply with the minimum wage and maximum hours provisions of the Federal l=air Labor Standards .Act (29 US.C. §§ 201 - 219) and the Intergovernmental Personnel Act of 1970, as applicable. 12. EPA VIOLATING FACILITIES — It will ensure that the facilities under its ownenhip, lease or supervision which shall be utilized in the accomplishment of the project are not listed in the Environmental Protection Agency's (EPA's) list of Violating Facilities, and that it will notify IDA of rhe receipt of any communication from the Director of the EPA Off.icc of Federal Activities indicating that a facility to be used in the pruject is under consideration for listing by the EPA. 13. FLOOD INSURANCE — It will comply with the flood insurance purchase requirements of Section 1020) of the Flood Disaster Protection Act (42 U.S.0 § 4001). This section requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is avulable as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the Secrctaiy of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" indudes any form of loan, agreement, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or agreement, or any other form of direct or indirect Federal assistance. 14. CONSERVATION — It will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.0 § 1271 e req.) related to protecting components or potential components of the national wild and scenic river sys tem. 15. HISTORIC — It will comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.0 § 470), Executive Order 11593, and the Archeological and Historical Preaervatian Act of 1974 (16 U.S.0 § 469 et req.) by (a) consulting with the Texas Historical Commission, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Hrstanc Places that are subject to adverse effects (see 36 CFR Put 800.8) by the activity, and notifying TDA of the existence of any such properties, and by (b) complying with all requirements established by the Texas Historical Commission or TDA to avoid or mitigate adverse effects upon such properties TDA – Award Agreement Attachment D Certifications and Assurances Page 2 of 4 Attachment D 16. ANIMAL WI:LFARII 11 will comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89 544, as amended, 7 U S.0 § 2131 et uq.) pertaining to the cars, handling and treatment of warm blooded animals held fair research, teaching, nr oilier nctivities supported by this sward 17. ausemiumsolau -_. It will comply with 45 CFR Part 46 regarding the protection of human subjects involved in research, development and related activities supported by this award. 18. 'I AXFA — h wild comply with all State and Federal tax laws and is solely responsible for filing all required State and Federal tax farms. ']lie Grantee also certifies that it is not delinquent in the payment of any franchise taxes owed the Stare of Texas 19. ELIGIBILITY: FINANCIAL PAR11CIP TION — Under Texas Government Code, Section 2155.004, no person who received compensation for participating in preparing the specifications or request for proposals on which this agreement is based has any financial interest in this agreement The Grantee certifies that the individual or business entity named in this agreement, contract or applicauon is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that this agreement may be terminated and payment withheld if this certification is inaccurate. 20 — It will comply, and assure the compliance of all its sub grantees and contractors, with all applicable requirements imposed by federal and state laws, executive orders, regulations, policies, program requirements and other administrative requirements governing this Program• 21. WORIJTLACE GUIDELINES — It will adopt and implement applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of Health, as required by the Texas Health and Safety Code, Sec. 85.001 ei ieq. 22. CONFLICT Of INTEREST — It will establish safeguard% to prohibit employees from using their positions for a putpnsc that is, or gives the appearance of, being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 23. LOBBYING — No funds provided under this agreement has been or will be used to pay any person for influencing, attempting to influence, or communicating with a member of the legislative or executive branches of state government (which includes a member -elect, a candidate for, an officer, an officer elect, or an employee of the legislature or legislative committee or any state agency, department, or office in the executive branch), a Member of Congress, an officer or employee of Congress or a federal agency, or an employee of a Member of Congress in connection with any legislation, administrative action, the awarding or making of any state or federal contract, agreement, or loan, the entering Into of any cooperative agreement, and the extension, renewal, amendment nr modification of any state or federal contract, agreement, loan or cuoperative agreement. Also, the Grantee will require that the language of this certification be included in the award documents for all sub -awards at all tiers and that all sub -recipients shall certify accordingly. 24. WU2CUIIVE-4EAD — Under Section 669.003, Texas Government Code, the Grantee certifies that no person who, in the last fnur years, served as an executive of TDA or any other state agency was involved with or has any interest in the grant application or proposal or this agreement. If the Grantee employs or has used the services of a former executive head of TDA or any other state agency, then the Grantee will provide the following information to TDA: name of former executive; name of state agency; date of separation from the state agency; position with the Grantee; and date of employment with the Grantee. 25. FELONY — Sections 2155.006 and 2261.053, Texas Government Code, prohibit TDA from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for I•lurrieane Rita, Hurricane Katrina, or TDA Award Agreement Attachment R Certifications and Asswwes patio 3 of Attachment D any other disaster occurring after September 24, 21105. The Grantee certifies that the individual or business entity named in this agreement, contract or application is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that the agreement may be terminated and payment withheld if this certification is inaccurate. 26. DRUG-FREE WORKPLACE -- It will maintain a drug-free work environment and comply with applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, title V, 4 5155, Nov, 18, 1988, 102 Stat. 4307) and 41 U.S.C. 8101 et reg. 27. AUDIT— If the Grantee currently expends combined federal funding of 5500,000 or more >n a year, the Grantee will submit an annual single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits nf States, Local Governments, and Non -Profit Organizations." 1f the Grantee currently expends combined federal funding of less than 5500,000 in a year, the Grantee is exempt (ram the Single Audit Act and cannot charge audit costs to a 'IDA agreement. The Grantee understands, however, that TDA may require a limited scope audit as defined in OMB Circular A-133. 78• DEBARMENT— TDA is federally mandated to adhere to the directions provided in the President's Executive Order 13224, Executive Order on Terrorist Financing - Blocking Prnperty and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's System For Award Management (SAM), https://www.sam,gov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. The Grantee certifies that the Grantee and its principals are eligible to participate in this agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the Grantee is in compliance with the State of Texas statutes and rules relating to procurement and that Grantee is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal pmcurement are listed at https:I/www,sam.gov. Signature nf Authorized Offi 61aae T&'!34 /-Gaya Z7ktifr viiee/ic kdiN0 }Fadiiidc of Au orjzgl fila t 1`�. T L.}%ZJff g �/7 i jft PCL✓'6 Lirit( PeG✓CcZ 74c+A LL"/1T1 1 Cr71a� tolnlntu)i r SGV✓lie Di Yt5i0/7 Grantee Organization r / 2r /S- Date jDate TDA Award Agreement Attachment 13 Cenifcations and Assurances Page 4 of 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2015 DATE: TO: March 4, 2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Amendment to GLO grant for Oso Bay Wetland Preserve habitat restoration CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. PURPOSE: Approve additional funding from the General Land Office for the Coastal Management Program Project at Oso Bay Wetland Preserve for habitat restoration. BACKGROUND AND FINDINGS: A Coastal Management Program project grant agreement for $100,000 with the General Land Office for habitat restoration at the Oso Bay Wetland Preserve was approved by City Council in December 2011. The General Land Office is extending an additional $3,000 in project funding to reimburse the City of Corpus Christi for additional habitat restoration activities. With this amendment, the total funding received from the General Land Office for the Oso Bay Wetland Preserve for this project will be $103,000. The City of Corpus Christi provided a $49,666 match and the Coastal Bend Bays and Estuaries provided $20,000 in matching funds. ALTERNATIVES: Do not accept the grant amendment. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $100,000.00 $100,000.00 Encumbered / Expended Amount 99,080.00 99,080.00 This item 3,000.00 3,000.00 BALANCE 3,920.00 3,920.00 Fund(s): Parks & Recreation Grant Fund 1067 Comments: RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Amendment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. 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 $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project. SECTION 2. That the $3,000 grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DonnSign Envelope ID: 73687FFE-B39E-424E-9F5C-3D4CB28059E3 SUBRECIPIENT GRANT AGREEMENT GLO CONTRACT No. 12-146-000-4836 AIHENDMENT No. 3 STATE OF TEXAS COUNTY OF TRAVIS The GENERAL LAND OFFICE (the "GLO") and the CITY OF CORPUS CHRISTI, TEXAS ("Subrecipient"), each a "Party" and collectively, the "Parties," Parties to that certain Texas Coastal Management Program ("CMP") Cycle 16 Subreeipient Grant Agreement effective December 22, 2011, and denominated GLO Contract No. 12-146-000-4836 ("Contract"), as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to revise the Contract to reflect additional funding far the Project and to incorporate the final, actual budget for the Project; NOW, THEREFORE, the Parties hereby agree to amend and modify the Contract as follows: 1. SECTION 2.01 of the Contract, CMP GRANT AWARD is hereby amended to reflect the addition of THREE THOUSAND DOLLARS ($3,000.00), in Subrecipient funds, for a total amount not to exceed ONE HUNDRED SIXTY-NINE THOUSAND SIX HUNDRED -SIXTY DOLLARS ($169,666.00) for the duration of the Contract. 2, SECTION 2.02 of the Contract, PROJECT AND WORK PLAN, is hereby amended and modified by replacing all prior Work Plans and Budgets with the Final Work Plan and Budget attached hereto and incorporated herein for all purposes in their. entirety as ATTACHMENT A-1. 3. This Amendment No. 3 shrill be effective as of September 30, 2014. 4. Except as amended and modified by this Amendment No. 3, all terms and conditions of the Contract, as amended, shall remain in full force and effect. SIGNATURE PAGE FOLLOWS GLO Contract No, 12-146-N0-4836 Amendment No. 3 Page 1 of 1 bocuSign Envelope DI SIGNATURE PAGE FOR AMENDMENT No.3 TO GLO CONTRACT No. 12-146-000-4836 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI, TCAs Larry L. Laine, Chief Clerk/ By: Deputy Land Commissioner Title: Date of execution: LEGAL SA rNr Deputy AGC FC? - GC Date of execution: ATTACHMENT TO THIS AMENDMENT No. 3: ATTACHMENT A-1 —Final -Work Plan and Budget ATTACHMENT FOLLOWS DocuSrgn Envelope ID: 735B7FFE-B39E-424E-9F5C-3D4CB2B059E3 Attachment A - Work Plan and Budget Attachment A-1 GLO Contract No. 12446-000-4836 Amendment No. 3 Pagel of 3 Contract Number: 12-146-000.4836 Project Name: Habitat Restoration at the Oso Bay Wetlands Preserve — Phase 1 Entity: City of Corpus Christi Project Description: The City of Corpus Christi requests a $100,000 grant from the Coastal Management Program (CMP) to begin restoration activities at the City's new 162 -acre Oso Bay Wetlands Preserve, Acquisition of the preserve was partially funded by a CMP Cycle 14 grant, The City has committed approximately $4 million to acquiring the property and developing it into a publicly accessible nature preserve with over 8,900 linear feet of nature trails, wildlife viewing stations and interpretive signs, The project fulfills several CMP goals and priorities including the restoration of Coastal Natural Resource Areas and protection of "other adjacent coastal resources that have significant conservation, recreational, ecological...values." The restoration project is taking place in a part of the City that is rapidly developing. The restored property will provide a biologically diverse refuge in the midst of the new development. Developing, implementing and monitoring a restoration strategy for the ecologically diverse 162 acre site is a large and complex task, The project will be implemented in stages over several years. This proposal seeks funding for Phase 1 of the project that will include: 1) the development of a restoration and monitoring plan; 2) commencing the implementation of the first year of on -the -ground restoration activities; and 3) the design and implementation of a public outreach/education program to interpret the restoration effort. The wetlands preserve is an undeveloped, recently -acquired city park bordering Oso Bay, Much of the property was used as pasture. However, significant natural features remain. The property falls within the Gulf Prairie and Marshes Ecosystem, and contains classic examples of coastal prairie, Tamaulipan thorn/scrub, mesquite mottes, high marsh (gulf cordgrass), vegetative coastal marsh (glasswort and saltwort), and intertidal sand flats. Restoration and adaptive management is needed to monitor nonnative invasive species (overgrowth of mesquite and Brazilian peppertree), eliminate nonnative grasses, and incorporate the removal of nonttative species as part of the overall maintenance policy ,of the park. Efforts will be made to increase biological diversity by reintroducing plant species eliminated from the property due to its conversion to pasture. The restoration plan will evaluate whether to convert a stormwater drainage that crosses the property into wetlands to filter nutrients and other pollutants such as floatable trash. Construction of detention ponds would take place in later project phases. CMP funds will be used to develop a restoration plan and lay the groundwork for a monitoring strategy. This work will entail establishing a community advisory committee, including representatives from natural resource agencies, to guide plan development, implementation, and public outreach, The plan will be designed to be executed over a five-year period, thus allowing. the City to implement and fund the project incrementally, while also providing the opportunity DocuSign Envelope ID: 735B7FFE-839E-424E-9F5C-3D4CB2B059E3 Attachment A-1 GLO Contract No. 12-146-000-4836 Amendment No. 3 Page 2 of for adaptive management as restoration proceeds. The City will use contractors to perform most of the restoration work. Additionally, as part of its outreach/education effort, the City will conduct two on -the -ground restoration events, one event for the public and one event for City staff. Groups like the Audubon Society and USDA Plant Materials Center will provide volunteer labor and plants, while the City provides supplies, equipment, and volunteer coordination for the events. The Coastal Bend Bays & Estuaries Program is providing $20,000 in third party match, Costs for this type of complex restoration are hard to determine, ranging from $1,000 to $10,000 depending on the habitat mix; the severity of invasive species, and the habitat diversity desired, The City anticipates fully restoring at least 10 acres and preparing an additional 20 acres for future restoration. Project Budget: Salaries Fringe Travel Supplies Equipment Contractual Other Subtotal: Indirect Total: CMP $20,368,80 $0.00 $0.00 $0.00 $0.00 $79,631.20 $0,00 $100,000.00 $0.00 $100,000.00 Subrecipient $11,371.20 $0.00 $0,00 $0.00 $0,00 $38,294.80 $0,00 $49,666.00 $0.00 $49,666.00 Third Party $0.00 $0.00 $0.00 $0.00 $0.00 $20,000,00 $0.00 $20,000,00 $0.00 $20,000.00 Project Totals 831,740.00 $0.00 $0,00 80.00/ $0.00 $137,926.00 $0.00 $169,666,00 $0.00 8169,666.00 Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. In the event that -the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAA for the federal funds received for the project. 4, -CMP and NOAA logos, including appropriate acknowledgment statement, .................. must be printed on education/outreach materials, signs, and final reports and/or publications. Task 1 Description: Develop a Habitat Restoration and Monitoring Plan with the support of a local advisory committee comprised of local stakeholders, and state and federal natural resource agency personnel. Deliverable(s)/Milestone(s): 1, Form stakeholder advisory group, review project goals, initial input, August 31, 2012; 2. Develop draft plan for presentation to stakeholder group, March 31, 2013; and 3. Final plan based on input from stakeholder group, June 15, 2013, oocuS€gn Envelope ID: 735B7FFE-839E-424E-9F5C-3D4C13213059E3 Deliverable Duc Date(s): 6/15/2013 Attachment A-1 GLO Contract No. 12-146-000-4836 Amendment No. 3 Page 3 of 3 Task 2 Description: Undertake Restoration Activities identified in the first-year implementation of the Restoration and Monitoring Plan, The majority of the restoration activities will be performed through contractual arrangements by subcontractors. A portion of the restoration effort will be undertaken by volunteers under the direction and with the assistance of City staff. The involvement of the public in these volunteer projects is critical to the education effort and the long term maintenance of the project. Due to the limits imposed by the growing season, the City anticipates that limited restoration activities will take place in late winter 2.013 and then again in early fall 2014. The City anticipates scheduling two volunteer restoration events over the course of the project, one for the public and one for City staff Deliverable(s)/Milestone(s): 1. Contractor to perform restoration activities, through August 2014; and 2. City and Volunteers to Perform Restoration Activities (Volunteer Days), through August 2014. Deliverable Due Date(s): 9/30/2014 Task 3 Description: Develop and implement a public education and outreach strategy, including on-site interpretation of ongoing restoration efforts, press releases, presentation at the Coastal Bend Bays Foundation Coastal Issues Forums, and other public venues. The City will use the stakeholder group for guidance in developing the education/outreach plan. City staff will be responsible for implementation of the education/outreach plan with the opening of the Learning Center in Spring 2015. Deliverable(s)/Milestone(s): 1. Discuss/get input on education/outreach goals at stakeholder meeting, August 2012; 2. Draft education outreach strategy presented to stakeholders, January 2014; 1 Final education/outreach strategy, March 2014; and 4. Implement education and outreach efforts - throughout project life, June 2014. Deliverable Due Date(s): 9/30/2014 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 31, 2015 Second Reading Ordinance for the City Council Meeting of April 14, 2015 DATE: 3/2/2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director Parks and Recreation Department StacieT@cctexas.com, 361-826-3460 Senior Companion Program (SCP) grant award for FY14-15 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant fund. PURPOSE: Appropriation of grant funding and City match is to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds from the General Fund that must be appropriated each year. This award is year two of a three year contract with the corporation for National and Community Service in the amount of $5,756. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 55 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal/State grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 156,076 $ 156,076 Encumbered / Expended Amount This item (transfer) (79,173) (79,173) This item (grant) 5,676 5,676 BALANCE $ 82,579 $ 82,579 Fund(s): General Fund; Parks and Recreation Grant Fund Comments: State grant for 2014-2015 RECOMMENDATION: Staff recommends acceptance of the grant. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant 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 $5,756 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. That the $5,756 grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. SECTION 3. That $76,903 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program. SECTION 4. That $76,903 is appropriated in the No. 1067 Parks and Recreation Grant Fund. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 13SZWTX002 Project Period: 09/06/2013 - 08/31/2015 Amendment No.: 3 Budget Period: 09/01/2014 - 08/31/2015 CFDA No.: 94.016 Grant Year: 2 Award Description award funds Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. Funding Information Year 2 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $5,756 $5,756 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $5,756 $5,756 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $5,756 $11,512 Funding Source and Amount 2015 --OPE 1 -Q52 -OPO -22413-4101 $5,756.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 9/23/14. By accepting these funds, your organization agrees and accepts that: 1)You will make the final financial status report available for review by the Corporation for National and Community Service within 60 days of the end of each Texas Fiscal Year covered by this Agreement. The Texas Fiscal Year is from September 1 to August 31. 2)The State of Texas auditor, under the direction of the Legislative Audit Committee, has the authority to conduct an audit or investigation in connection with these funds; and 3)Under the direction of the Legislative Audit Committee, a project that is the subject of an audit or investigation by the State of Texas auditor must provide the auditor with access to any information the auditor considers relevant to the investigation or audit. Page 1 For Official Use Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2014 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at http://egrants.cns.gov/termsandconditions/FGPSCPTandC_Revised20131204.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: 12/09/2014 Signature Date Keisa Thompson Name (typed) Senior Grants Officer Title Keisa Thompson, 215-964-6334 Grants Official Benjamin Alamprese, 512-391-2944 Program Official Page 2 For Official Use Only AGENDA MEMORANDUM First Reading Item for the City Council Meeting March 31, 2015 Second Reading Item for the City Council Meeting April 14, 2015 DATE: TO: March 10, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Ordinance — Amending Transportation Advisory Board to Transportation Advisory Commission and its Organization and Powers and Duties CAPTION: Ordinance Amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date. PURPOSE: The purpose of this item is to comprehensively update the Transportation Advisory Board as Transportation Advisory Commission with appropriate organization and powers and duties to address City transportation issues. BACKGROUND AND FINDINGS: The Transportation Advisory Board, also informally known as Transportation Advisory Committee (TAC), was last updated by Ordinance in 1983. Since then, TAC has advised City Council on a myriad of transportation issues. In recent times, TAC has been involved in more complex matters, including Mobility CC, Bond Program street projects, Texas Department of Transportation (TxDOT) highway projects, Corpus Christi Regional Transportation Authority (RTA) transit projects and the Corpus Christi Metropolitan Planning Organization (CCMPO) planning studies, including a comprehensive revision of the Bicycle and Pedestrian Plan. The update will better define the powers and duties of the Transportation Advisory Commission to effectively advise City Council on transportation issues. The name change to Transportation Advisory Commission is in line with the other changes to the Ordinance. TAC was originally created as a committee of the City Council to review transportation issues and make recommendations and provide reports. It has transitioned into more of an acting body in that they not only advise City Council but also City staff and the Planning Commission. TAC also sets its own agenda items that it needs to address and performs outreach to other organizations such as the Corpus Christi Metropolitan Planning Organization (CCMPO) and Texas A&M University Corpus Christi (TAMUCC). Two standing subcommittees report to TAC. The designation of "Commission" is appropriate with the Ordinance. Substantial changes in this amendment include City Traffic Engineer serves as Secretary; its purpose relates to mobility, access management, and traffic safety; make recommendations related to the Capital Improvements Program; monitor and evaluate City's mobility related master plans; review traffic safety reports; and address access management and traffic impact analysis in Unified Development Code. At TAC December 22, 2014 meeting, the TAC recommended that City Council amend the Ordinance related to Transportation Advisory Board to become Transportation Advisory Commission and about its organization and powers and duties. ALTERNATIVES: 1. Amend the Ordinance with the Transportation Advisory Board and become the Transportation Advisory Commission 2. Keep the current Ordinance with the Transportation Advisory Board (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This Item Future Anticipated Expenditures This Project BALANCE RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance Amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 2, Article IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code is hereby amended in its entirety to read as follows: "Division 9. TRANSPORTATION ADVISORY COMMISSION Sec. 2-120. Purpose and Intent The purpose of the Transportation Advisory Commission is to be responsible for public advisory jurisdiction on issues related to mobility, access management, and traffic safety in the City of Corpus Christi; promote a multi -modal transportation system, advise on the most appropriate use of transportation resources consistent with the public interest, and act in an advisory manner to the City Council and City Manager, or designee, in the coordination of transportation activities of the official agencies and departments of the city. Sec. 2-121. Organization of Transportation Advisory Commission A Transportation Advisory Commission is hereby established which shall consist of nine (9) residents of the City. The members of the Transportation Advisory Commission shall be appointed by the City Council for three-year staggered terms. Any vacancy shall be filled for the unexpired term. 1. Officers. The Transportation Advisory Commission shall elect, by majority vote, a chair and vice chair from among its membership each year at the first regular meeting following the annual appointment of three new members in May. The City Traffic Engineer or his/her designated representative shall act as the secretary of the Transportation Advisory Commission. 2. Quorum. Five (5) council -appointed members shall constitute a quorum. 3. Staff Responsibilities. The City Traffic Engineer or designee shall send all notices for meetings of the Transportation Advisory Commission, keep and preserve minutes, have custody and keep all documents and papers filed with the Transportation Advisory Commission, and advise and consult with the City officials as to the Transportation Advisory Commission's work and recommendations, assist the Transportation Advisory Commission in planning and coordinating its programs, maintain liaison with organized community groups and others effectively situated to carry forward all plans and policies of the Transportation Advisory Commission and all transportation -related action which may be approved by the Transportation Advisory Commission, and perform such other duties as may be of assistance to said Transportation Advisory Commission, consistent with the primary obligations of the City Traffic Engineer to the City management. 4. Ex -officio members. The Transportation Advisory Commission is hereby authorized to appoint as ex -officio members without voting privileges, any additional members. The presence of ex -officio members shall never be considered in determining a quorum for the transaction of Transportation Advisory Commission business. 5. Committees. The chair, with the approval of the Transportation Advisory Commission, may establish such committees as may be necessary or appropriate to assist the Transportation Advisory Commission in its studies and in the performance of its duties. Members of such committees may be appointed from among members of the Transportation Advisory Commission or from among the general public, but the chair shall designate voting members of the Transportation Advisory Commission to serve as chair of each committee. Any committee appointed by the Transportation Advisory Commission to study, investigate, advise or consult with them on any issue shall never be authorized or deemed cloaked with authority to divulge progress results or findings of such study, investigation, advice or consultation to the press or to the public and any statement so made by such committee shall not constitute official statements or positions of the Transportation Advisory Commission. Sec. 2-122. Powers and duties of Transportation Advisory Commission The Transportation Advisory Commission shall: 1. Provide a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters. Advise the City Council and City Manager or designee on traffic regulations and Chapter 53 - TRAFFIC of the Corpus Christi Municipal Code. 2. Conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects. The substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council. 3. Independently review grant applications for transportation improvement projects. 4. Promote public knowledge of traffic enforcement and understanding of City transportation issues. 5. Promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues. 6. Provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system. 7. Provide recommendations on transportation aspects of the City's Capital Improvement Program. 8. Monitor the implementation and evaluate the City's mobility related master plans. Submit annual reports to the Planning Commission and City Council. 9. Independently review traffic safety reports for City streets and provide recommendations for traffic safety improvements. Research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs. 10. Independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters. 11. Act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per Unified Development Code to Planning Commission and City Council. Secs. 2-123-2-124. – Reserved." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect immediately. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015. by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote- Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance Amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 2, Article IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code is hereby amended in its entirety to read as follows: Sec. 2 120. Composition, organization, terms and compensation; chairman. Thc transportation advisory board shall consist of ninc (9) mcmbcrs appointcd by thc city council for thrcc ycar tcrms. Thc tcrms of thrcc (3) mcmbcrs shall rcgularly cxpirc on May 1 of cach ycar; all said appointed members shall serve until their succcssors arc appointcd and qualificd unlcss rcmovcd from thc board as hcrcinaftcr providcd in timc of appointmcnt and continuously during thc tcrm of scrvicc on thc board. (1 ) (2) Ex officio members. The city managcr, and, at his option, his dcsignated any cx officio mcmbcrs shall ncvcr bc considcrcd in dctcrmining a quorum for thc transaction of board busincss. Rcmoval of board members. Any council appointcd mcmbcr who fails to attcnd thrcc (3) consccutivc mcctings of thc board, cxccpt for illncss, injury or abscncc from thc city, or who shall fail to attcnd at (cast fifty (50) per ccnt of thc mcctings in any one (1) y ar, shall bc automatically disqualified as of thc adjournmcnt of thc rcgular mccting immcdiatcly following thc ycar in which such ycar, as the case may be, from scrving on thc bo ccrtification of such consccutivc abscncc, or fifty (50) per ccnt nonattcndancc, as thc casc may bc, in forfciturc of thc chairman of thc board to thc city thc city council that thc position is vacant. +34 (5) (6) Officers. Following thc annual appointmcnt of thrcc (3) new mcmbcrs, thc board chairman who shall prcsidc at all mcctings of thc board and a vicc chairman who shall prcsidc in thc abscncc of thc chairman. Thc dircctor of board and shall scnd all noticcs for thc mcctings of thc board, kccp and prcscrvc thc minutcs, havc custody and kccp all documcnts and papers filcd rccommcndations, assist thc board and its committccs in planning and coordinating its programs, maintain liaison with organized community groups and othcrs cffcctivcly situatcd to carry forward all pla+�s and policicc of the board and all transportation related action which may bc approved by thc consistcnt with thc primary obligations of thc dircctor of transportation to city management. Committecs. Thc chairman of thc board, with thc approval of thc board, may board in its studics and in thc performancc of its dutics. Mcmbcrs of such committccs may bc appointcd from among mcmbcrs of thc board or from among thc gcncral public, but thc board chairman shall dcsignatc voting board mcmbcrs to scrvc as chairman of cach committcc. Any committcc appointcd by thc board to study, invcstigatc, advisc or consult with thcm on any mattcr shall never bc authorized or be deemed cloaked with authority to divulgc progress results or findings of such study, invcstigation, advicc or consultation shal-l-n-etconstitutc official statcmcnts or position of thc board or thc city. call of thc chairman or on call by a majority tss mcmbcrs. Thc board shall adopt its own rulcs of proccdurc for noticc of mcctings and thc conduct thcrcof. Quorum. Fivc (5) council appointcd mcmbcrs shall constitutc a quorum. Sec. 2 121. -pose and duties of the board. The purpose of the board is to be responsible for public advisory jurisdiction on public conccrns rclatcd to traffic safcty, mass transportation, taxicab and othcr surfacc transportation scrviccs in thc city. Dutics of thc board shall includc: Rcscarching, dm/doping and implcmcnting coordinatcd traffic safcty programs which mcct local nccds. (2) Acting in an advisory capacity to thc city council and thc city managcr in thc coordination of traffic safcty and public transportation activitics of thc official agcncics and dcpartmcnts of thc city. (3) (5) rclating to surfacc transportation scrviccs. Promoting public acceptance of surface transportation programs proposed or initiated by the city. Fostering public knowledgc and support of traffic law enforcement and understanding of city transportation problcms. (6) Fostcring public knowlcdgc and support of public transportation use and developing understanding of transit operating problems. (7) transportation scrviccs. Thc board shall havc authority to submit rccommcndas in long rangc planning for bcttcr traffic safcty and improvcd transit service. (8) Thc board shall havc authority to formulatc rulcs and policics for solicitation, promotion and advcrtising thc activitics of thc transportation advisory board cntcr into any contract or cr tc any obligation on tcc part of thc city. Such dcsignatcd rcsourccs shall be rcccivcd and accountcd for in accord with thc improvc transit utilization and accidcnt cducation and prcvcntion programs, be thc intcnt and policy of thc city council that any funds grantcd by any advisory board to advcrtisc and othcrwisc promotc thc programs and scrviccs of thc transportation advisory board and to acquaint thc public with such programs and scrviccs shall, whcn grantcd by instrumcnt of trust to thc city kg) 044 city. The board may independently review the decisions, orders, and warrants of thc dircctor of transportation conccrning installa-tien€ of traffic control dcviccs and mattcrs; howcvcr, thc board shall havc no powcr to promulgatc official city rulcs and rcgulations, ordcrs, warra-nts, or to effcct any changc in transit service levels or routes. rcquircd public hcaring for thc purposcs of obtaining fcdcral financial commcnts and rcvicw by thc board will be Secs. 2 122 2 124. Reserved. DIVISION 9. - TRANSPORTATION ADVISORY COMMISSION Sec. 2-120. — Purpose and Intent The purpose of the Transportation Advisory Commission is to be responsible for public advisory jurisdiction on issues related to mobility, access management, and traffic safety in the City of Corpus Christi; promote a multi -modal transportation system, advise on the most appropriate use of transportation resources consistent with the public interest, and act in an advisory manner to the City Council and City Manager, or designee, in the coordination of transportation activities of the official agencies and departments of the city. Sec. 2-121. Organization of Transportation Advisory Commission A Transportation Advisory Commission is hereby established which shall consist of nine (9) residents of the City. At least one (1) member shall be a representative of the bicycling community. The members of the Transportation Advisory Commission shall be appointed by the City Council for three-year terms. The terms of three (3) members shall expire on May 1st of each year; all said appointed members shall serve until their successors are appointed and qualified unless removed from the Transportation Advisory Commission. (1) Officers. The Transportation Advisory Commission shall elect, by majority vote, a chair and vice -chair from among its membership each year at the first regular meeting following the annual appointment of three new members in May. The City Traffic Engineer or his/her designated representative shall act as the secretary of the Transportation Advisory Commission. (2) Quorum. Five (5) council -appointed members shall constitute a quorum. (3) Staff Responsibilities. The City Traffic Engineer or designee shall send all notices for meetings of the Transportation Advisory Commission, keep and preserve minutes, have custody and keep all documents and papers filed with the Transportation Advisory Commission, and advise and consult with the City officials as to the Transportation Advisory Commission's work and recommendations, assist the Transportation Advisory Commission in planning and coordinating its programs, maintain liaison with organized community groups and others effectively situated to carry forward all plans and policies of the Transportation Advisory Commission and all transportation -related action which may be approved by the Transportation Advisory Commission, and perform such other duties as may be of assistance to said Transportation Advisory Commission, consistent with the primary obligations of the City Traffic Engineer to the City management. (4) Ex -officio members. The City Manager or designee may recommend for appointment ex -officio members. The Transportation Advisory Commission is hereby authorized to appoint as ex -officio members without voting privileges, any additional members. The presence of ex -officio members shall never be considered in determining a quorum for the transaction of Transportation Advisory Commission business. (5) Committees. The chair, with the approval of the Transportation Advisory Commission, may establish such committees as may be necessary or appropriate to assist the Transportation Advisory Commission in its studies and in the performance of its duties. Members of such committees may be appointed from among members of the Transportation Advisory Commission or from among the general public, but the chair shall designate voting members of the Transportation Advisory Commission to serve as chair of each committee. Any committee appointed by the Transportation Advisory Commission to study, investigate, advise or consult with them on any issue shall never be authorized or deemed cloaked with authority to divulge progress results or findings of such study, investigation, advice or consultation to the press or to the public and any statement so made by such committee shall not constitute official statements or positions of the Transportation Advisory Commission. There are two standing committees: a. Bicycle and Pedestrian Committee b. Mobility Planning Committee Sec. 2-122. Powers and duties of Transportation Advisory Commission The Transportation Advisory Commission shall: (1) Provide a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters. Advise the City Council and City Manager or designee on traffic regulations and Chapter 53 - TRAFFIC of the Corpus Christi Municipal Code. (2) Conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects. The substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council. (3) Independently review grant applications for transportation improvement projects. (4) Promote public knowledge of traffic enforcement and understanding of City transportation issues. (5) Promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues. (6) Provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system. (7) Provide recommendations on transportation aspects of the City's Capital Improvements Program. (8) Monitor the implementation and evaluate the City's mobility related master plans. Submit annual reports to the Planning Commission and City Council. (9) Independently review traffic safety reports for City streets and provide recommendations for traffic safety related improvements. Research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs. (10) Independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters. (11) Act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per Unified Development Code to Planning Commission and City Council. Secs. 2-123-2-124. - Reserved." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect immediately. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance Amending Transportation Advisory Board Council Presentation March 31, 2015 Amendment Scope • The Transportation Advisory Board, also informally known as Transportation Advisory Committee (TAC), was last updated by Ordinance in 1983. • TAC has advised City Council on a myriad of transportation issues: Mobility CC, Bond Program street projects, Texas Department of Transportation (TxDOT) highway projects, Corpus Christi Regional Transportation Authority (CCRTA) transit projects and the Corpus Christi Metropolitan Planning Organization (CCMPO) planning studies, including a comprehensive revision of the Bicycle and Pedestrian Plan. • The update will better define the powers and duties of the Transportation Advisory Commission to effectively advise City Council on transportation issues. • At the TAC December 22, 2014 meeting, the TAC recommended that City Council amend the Ordinance related to Transportation Advisory Board becoming Transportation Advisory Commission. Amendment Highlights Summary Ordinance Modifications 1 Change Change name to Transportation Advisory Commission 2 Addition 3 Addition 4 Addition Appoint ex -officio members Cover traffic operations and transportation planning Cover mobility, access management and traffic safety 5 Addition Recommend transportation aspects of Capital Improvement Program 6 Addition 7 Addition Monitor mobility -related master plans Address access management and traffic impact analysis in UDC AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: FROM: March 18, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $33,250 from the Federal Aviation Administration Grant No. 3-48-0051-048- 2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. CAPTION: Ordinance appropriating $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048- 2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; and changing the FY2014- 2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 48 in the amount of $3,405,113 to the City of Corpus Christi to fund upgrades to security and perimeter road systems. The project scope includes placing a portion of the fiber optic infrastructure around the airport perimeter road, three automatic rolling gates, access control readers and various surveillance cameras were installed to enhance airport security. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced automatic gate and access control improvements were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $33,250 amendment to Grant 48. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the security of the perimeter fence. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑Operating ❑Revenue ®Capital ❑Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,405,113 $0 0 $3,405,113 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $33,250 0 $33,250 BALANCE $3,405,113 $33,250 0 $3,438,363 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Grant 48 Amendment Ordinance appropriating $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048-2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; and changing the FY2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048-2011 Amendment No. 3 are appropriated in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. Section 2. The FY 2014-2015 Capital Budget adopted by Ordinance No. 030303 is changed by increasing both revenues and expenditures by $33,250. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor �v U.S. Department of Transportation Federal Aviation Administration March 16, 2015 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi. Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of March 12, 2015 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-048-2011 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters. the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement. accepted on September 13. 2011 is hereby amended by this Amendment No.3 by increasing the amount set forth on Page 2 of the Grant Agreement from 53,405,113.00 to 53.438, 363.00. This increase in the maximum obligation is to provide for allowable 5.8 % cost overrun of 533,250.00. If you have any questions or if we can be of additional service, please contact us. Sincerely, Edward N. Agne . ana er Texas Airports Deveklopnnt Office AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 31, 2015 Second Reading Ordinance for the City Council Meeting of April 14, 2015 DATE: March 13, 2015 TO: Ronald L. Olson, City Manager FROM: Dan Grimsbo, Director of Development Services DanG@cctexas.com (361) 826-3595 Assignment of Trinity Towers Skywalk and Improvements Lease CAPTION: Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. PURPOSE: To approve assignment of the Skywalk and Improvements lease agreement to BKD Shoreline, LLC and consenting to sublease to Trinity Towers L.P. BACKGROUND AND FINDINGS: The lease was authorized on January 14, 1997 and expires December 18, 2056. The lease authorizes use of aerial premises and certain surface and subsurface premises which were used to construct Trinity Towers in 1997. At that time, the Trinity Towers facilities were owned by NH Texas Properties. Recently, the ownership of the facilities changed to BKD Shoreline, and the parties request approval of the assignment of the lease to the new owner and consent of a sublease to Trinity Towers Limited Partnership. ALTERNATIVES: None; this is a request for assignment due to change in property ownership. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request conforms with City Charter provision regarding approval of assignments. EMERGENCY / NON -EMERGENCY: Non -emergency; two readings DEPARTMENTAL CLEARANCES: Development Services Legal OMB FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) RECOMMENDATION: Staff recommends approval of the assignment. LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment and Assumption Agreement Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. WHEREAS, the City of Corpus Christi ("City") executed a Skywalk and Improvements Lease Agreement (" the Lease Agreement") with Trinity Towers Limited Partnership to lease property as approved by Ordinance 022820 on January 14, 1997, with term continuing until December 17, 2056; WHEREAS, the Lease was assigned to NH Texas Properties L.P.; WHEREAS, NH Texas Properties, L.P. has requested the approval of the City to assign all of its right, title and interest in the Lease Agreement to BKD Shoreline, LLC and consent to the sublease to Trinity Towers Limited Partnership; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT: SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter, and pursuant to Section 15 of the Lease Agreement, approves the assignment of the Skywalk and Improvements Lease Agreement, to BKC Shoreline, LLC. The City Council consents to the sublease to Trinity Towers Limited Partnership. Furthermore, the City Manager or his designee is authorized to execute all documents related to the assignment and assumption agreement including an estoppel certificate. A copy of the documents will be filed with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT, dated as of March 2015 (the "Assignment Agreement"), by and wrong THE CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal. corporation (the "Lessor"), NH Texas Properties Limited Partnership, as lessee/transferor, and END Shoreline, LLC, as. lessee/transferee; WHEREAS, the Lessor leased certain property (the "Property") to Trinity Towers Limited Partnership pursuant to a Skywalk and Improvements Lease (the "Lease") with term beginning December 18, 1997 and. ending December 17, 2056,. approved by City Council on. January 14, 1997 .in Ordinance 022820, and WHEREAS, the Lease was assigned to NH Texas Properties Limited Partnership on June 13, 1997. WHEREAS, NH Texas Properties Limited Partnership C'Lessee/Transferor") wishes to assign and BKD Shoreline, LLC wishes to acquire all of Lessee/Transferor's rights, .obligations and interests in the Lease, a copy of which is attached as Exhibit 1; WHEREAS, END Shoreline, LLC wishes to sublease the Property to Trinity Towers Limited Partnership by Sublease dated as ofthe effective date hereof, a copy of which is attached_ as Exhibit 2; and. WHEREAS, pursuant to Section 15 of the: Lease; Lessee/Transferor's interest in the Lease may not be assigned and the Property may not be subleased without the prior written consent ofthe City Council; and NOW THEREFORE, THIS ASSIGNMENT AGREEMENT WITNESSE'I11, in consideration of the premises and other good and valuable consideration, the parties do hereby agree as follows Section 1. NH Texas Properties Limited Partnership does hereby transfer and set over unto Trinity Towers Limited Partnership all right, title and interest, as lessee and otherwise, in, to and under the Lease, a copy of which is attached as. Exhibit I, to have and to hold the same unto BND Shoreline, LLC, from and air the date hereof, for the remainder of the term ofthe Lease. Section 2. BKD Shoreline, LLC, in considerattion, of the execution and delivery of this Assignment Agreement does hereby assume, effective upon the date hereof, for the benefit ofthe Lessor and NH Texas Properties Limited Partnership, from and after the date hereof, all of the terms, covenants and conditions on the part of NH Texas Properties Limited Partnership under the Lease. BKD Shoreline, LLC agrees to assume all liability for any violations of the Lease which may have occurred prior to the execution of this Assignment Agreement. Section 3. BJW. Shoreline, LLC agrees to indemn j City of Corpus Christi, Texas, NH Texas Properties Limited Partnership and their respective officers, agents, employees, (individually and collectively, "Indemnitees") and hold Tndenutitees harmless from and 867235 against any and all claims, liens, damages, demands, actions, causes .of action, liabilities, lawsuits, judgments, losses, costs and expenses (including but not limited to reasonable attorneys' fees and expenses) asserted against or incurred by Indemnitees by reason of or arising out of any failure by BKD Shoreline, LLC to perform or observe any of the obligations, covenants, terms and conditions of the Lease.. Section 4. The Lease is amended to revise contact information for the Lessee, as shown in Exhibit 1 Section 5. By The Lessor's City Manager's execution hereof, the Lessor consents to the assignment by NH Texas Properties Limited Partnership to BKD Shoreline, LLC -of all of its right, title and interestunder the, Lease and confirms the Lessor's consent to the sublease of the Property to Trinity Towers Limited Partnership. Section 6. BIND Shoreline, LLC acknowledges and agrees that Lessor hag not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property as defined in the Lease, BKD Shoreline, LLC further acknowledges and agrees that it has been given the opportunity to inspect the Property and Lease. BKD Shoreline, LLC is relying solely on its own investigation of the Property and Lease and not on any information provided or to be provided by Lessor. Section 7, Upon execution of this Assignment Agreement by all parties hereto, NH Texas Properties Limited Partnership shall be and is hereby released from all liability under the Lease Section 8. ThisAssignment .Agreement,shall be governed by, construed and interpreted. in accordance with the laws of the State of Texas. Section 9. This .Assignment Agireementshall be binding upon and shall inure to the benefit of NH Texas Properties Limited .Partnership, BKD Shoreline, LLC and the Lessor and their respective successors and assigns. Section 10. This Assignment Agreement is effective upon the execution by the last signatory of this document. In the event that the above stated condition does not occur, this assignment and assumption is null and void and of no effect whatsoever. THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is executed in triplicate, as of the date first hereinabove written. (Signature pages follow) -2- NH TEXAS PROPERTIES LIMITED PARTNERSHIP, a Texas Iimited partnership By: MLD Texas Corporation, a Texas corporation, its general partner By: Name: PAnoman Title: MeetProsiciont STATE OF ILLINOIS, COOK COUNTY I, t�►c par`t�n.-9-4.:;,0,4"•& Notary Public of the County and State aforesaid, certify that '�-,r>-► p. ,9-•-r, ,is the �'1c rc Ac,* of MLD Texas Corporation, a Texas corporation, general partner of NH TEXAS PROPERTIES LIMITED PARTNERSHIP, a Texas limited partnership, personally appeared before me this day and acknowledged the execution of the foregoing instrument as the act and deed of said limited partnership. Witness my hand and official stamp or seal, this Zwrnday ofMarch, 2015. My commission expire: [NOTARIAL SEAL] CIELO AMINO-REMINGTON Notary OFFICIAL State of Illinois My Commission Expires -3- BIND SHORELINE, LLC, a Delaware limited liability company By: Name: .IL Todd Tao Title: Evp C STATE OF %ebul,easrt@'.., &,441At.,64 COUNTY I 'Ad . !3• t -a Notary Pula ie of the .County and State aforesaid, certify that /'odd a ; as the r , of BKD SHORELINE„ LLC, a Delaware limited liability company, personally appeared before me this day and aclmowledged the execution of the foregoing instrument as the act and deed. of said company. Witness my hand and official stamp or seal, this. ay ofMarch, 2015.. Notary Public My commission expires: [NOTARIAL SEAL ik b. 4,4 ateNoie-9G. e ,� -- THIS ASSIGNMENT AND .ASSUMPTION OF LEASE AGREEMENT is consented to as of the date first hereinabove. written. STATE OF TEXAS COUNTY OF NUECES § CITY OF CORPUS CHRISTI, TEXAS,. a: Texas home rule municipal corporation By: Name:. Title:. This instrument was acknowledged beforeme onthe day of .March, 2015 by , City Manager of the City of Corpus Christi, Texas, a Texas .home -rule municipal corporation, onbehalf of said corporation. Notary Public, State of Texas Legal form approved .on By Assistant City Attorney for the City Attorney. Exhibit 1. Lease (see attached) State of Texas County ofNueces Skywalk and Improvements Lease § This Lease is betweenthe City of Corpus Christi, aTexas home -rule municipal corporation, ("City"), acting by and through its duly authorized City Manager, or designee, ("City Manager") and Trinity Towers Limited Partnership, a Tennessee limited partnership, by its General Partner, ARC Corpus Christi, Inc., a Tennessee corporation ("Lessee"), acting by and through its duty authorized officers ("Lessee Agent"), in consideration of the mutual covenants herein. 1. PREMISES. City hereby leases to Lessee certain aerial premises and certainsurface and subsurface premises to construct an expansion of Trinity Towers on. the West side of Carancahua Street ("Building") , The aerial premises are more particularly described in the attached and incorporated Exhibits A-Skywalk, B Bullding Underpass, C-Comices, (collectively called the "Aerial Premises"), The surface and subsurface premises are more particularly described in the attached and incorporated Exhibit D ("Surface Premises") provided, however, that the Surface Premises includes only that part of the Surface Premises that is reasonably necessary for the placement of the Building and related appurtenances. The Aerial Premises and the Surface Premises are collectively referred to as the "Premises." 1 LEASE TERM. This Lease begins on December 18, 1997, and ends on, December 17, 2056, subject to prior termination. December 18 is the Anniversary Date of the Lease, 3. RENT. A. Aerial Premises Rent. Lessee must pay City $2,555 as total Aerial Rent for years 1-4 upon Lessee'sexecution of this Lease. The City Manager will calculate the next 5 years Aerial Rent based on a 10% rate of return on the Fair Market Value of the Aerial Premises and provide the calculation to Lessee 90 days prior to the Anniversary Date of the Lease each 5 years until expiration of the Lease. Lessee must then pay the 5 year amount by the Anniversary Date. City's first recalculation is due September 18, 2001 and Lessee's next 5 year payment is due December 18, 2001. B. Surface Rent. Lessee must pay City $539 as total Surface Rent for years 1-4 upon Lessee's execution of this Lease. The City Manager will calculate the next 5 years Surface Rent based on a 10% rate of return on the Fair Market Value of the Surface premises and provide the calculation to Lessee 90 days prior to the Anniversary Date of the Lease each 5 years until expiration of the Lease. Lessee must then pay the 5 year amount by the Anniversary Date. City's first recalculation is due September 18, 2001 and Lessee's next 5 year payment is due December 18, 2001. C. Rent Not Refundable. No rental paid by Lessee will be refunded if this Lease is terminated prior to its full term, 4. AERIAL PREMISES. - A. Use of Aerial Premises. City hereby grants Lessee the right to use the Aerial Premises for the construction, installation, maintenance, repair, removal, and replacement (collectively called "Construction") of (1) an enclosed structure that will connect theTrinity Tower facilities on the East side of Carancahua Street with the Trinity Tower facilities to be constructed on the West side of Carancahua Street ("Skywalk"), (2) two building areas - ane over a storm sewer easement (1,545 s.f.) and one over a utility easement (874 s.f.) to be conastructed on the West side of Carancahua Street ("Building Underpass"), and (3) two building cornice overhangs - one on Carancahua Street A096W30,01:19 ay,Ise Page 2 of 16 (33 s.f.) and one on Tancahua Street (157 s.f.) ("Cornices") and collectively called ("Structures"). Lessee's Construction of the Structures must comply with applicable ordinances of the City of Corpus Christi. A detailed architectural plan of the Structures together with a drawing of the Structures exterior, including without limitation the Skywalk, is attached and incorporated on sheets C-4 and C-5 as Exhibit C. Lessee will make no substantial change in the architectural plan or the exterior appearance of the Structures, as they appear in Exhibit C without the prior writtenconsent of City Manager, which consent will not be unreasonably withheld. B. Use adjacent to Aerial Premises. City hereby grants Lessee the right to use so much of the premises below, above, and adjacent to the Aerial Premises ("Surrounding Premises") as is reasonably necessary to construct, install, repair, remove, and replace the Structures and Building; provided, however, that Lessee's use of the Surrounding Premises complies with applicable ordinances of the City of Corpus Christi. C. Use of Skywalk. Lessee may use the Skywalk to move pedestrians and goods between Lessee's facilities on the East side of Carancahua Street and those to be constructed on the West side of Carancahua Street adjacent to the Aerial Premises, to contain electrical power lines, and for such other purposes as are consistent with the design and plan of the Skywalk; provided, however, that Lessee must not use the Skywalk for storage or occupancy. D. Building Underpass. Lessee may use the Building Underpass to cover pedestrians and goods moving into the Building. In addition, Lessee may construct a portion of the Building over the Building Underpass to be used for occupancy, storage, electrical power, and such other purposes as are consistent with the design of the Building. AG1961930.009kskyway.Ise Page 3 of 16 E. Cornices. Lessee may construct building cornices over that area: of Carancahua Street (528 s.f.) and Tancahua Street (612 s.f.) as shown on Exhibit C. F. Maintenance. Lessee must safelymaintain theStructures and Building and regulate their use and occupancy so that the Structures or their use is not a.hazard or danger to the persons or property of the public using the street, drainage easement, or utility easement below the Structures or Building. The street, drainage easement, utility easement, and all improvements therein are collectively called "City Improvements". Further all Lessee's use and occupancy of the Structures and Building must comply with all applicable federal, state, and local laws, rules, and regulations. If Lessee's construction, use, or maintenance of any of the Structures or Building causes any damage to City Improvements, Lessee must repair or replace the City Improvements to the equivalent improvement existing prior to the damage. Lessee must submit a set of construction plans and drawings for the proposed repair or replacement of City Improvements to the Director of Engineering Services a minimum of 3 weeks prior to Lessee's intended onset of construction to repair or replace, Lessee cannot begin repair or replacement construction prior to receipt of the written approval ofthe construction plans and drawings by the Director of Engineering Services. G. Minimum Elevation of Skywalk. No part ofthe Skywalk will be constructed lower than 14.0 feet above the crown of Carancahua Street as it presently exists or is adjusted by any collateral repairs during construction of the Building. The existing minimum pavement grade of Carancahua Street is 18.09 feet above sea level. Lessee must maintain a minimum clearance of 14.0 feet above the crown of Carancahua Street at the lowest part of the Skywalk. AG1951930.0091skyway.lse Page4ofl6 H. Lighting Structures. Lessee must install, operate. and maintain lighting on and underneath the Skywalk if the City Manager determines such lighting is necessary to eliminate nighttime shadow areas caused by the Skywalk's interference with surrounding street lighting. I. Removal of City Facilities. Ifitis necessary for City to remove or relocate any City utility lines or structures in Carancahua Street or the Surface Premises to accomodate construction of the Structures or Building, Lessee must pay all City's reasonable costs within 30 days after the City Manager's written demand therefor. H. Signa. Lessee rriust not maintain or allow any sign on or within the Skywalkt that is visible from the outside of the Skywalk, unless a sign is required by law. L Entry by City. City, by its officers, agents or employees, may at all reasonable times enter the Aerial Premises to view the condition of the Structures. J. Removal of Structures. Within 180 days after termination or expiration of the Lease, Lessee must remove the Structures at its own expense, regardless of City's failure to demand removal or to give any notice, other than a notice of termination that is required by other provisions of this Lease. If Lessee fails to remove the Structures in accordance with this section, then City may remove the Structures and Lessee must pay all City's reasonable removal expenses within 30 days of the City Manager's written demand therefor. S. Surface Premises. A. Construction in Surface Premises. Lessee may use the Surface Premises only for the Construction of a 566 s.f portion of a Building footprint, drilled pier column supports, and that portion of driveways for pedestrian or vehicular traffic that are within the Surface Premises. Lessee or Lessee Agent must not construct any portion of the Building footprint lower Than 1316" above A01961930.0091slrywey.lsc Page 5 of 16 ground directly above the existing twin 6'x7' storm drainage box culverts. Lessee or Lessee Agent must not construct any drilled pier within 4 feet of any portion of theexisting twin 6'x7' storm drainage box culverts. If Lessee's construction, operation, or maintenance of the Building results in damages to the twin storm drainage box culverts Lessee must repair or replace the box culverts in the same manner as set out in Section 4. F. above. B. Compliance with City Codes. Lessee's use of the Surface Premises must comply with applicable ordinances of the City of Corpus Christi. C. Maintenance. Lessee must maintain the Building and regulate the use thereof so that the Building or the use thereof will not be a hazard or danger to the persons or property ofthe public, including without limitation City employees working on the storm sewer improvements in the drainage easement using the drainage easement below the Building. D. Relocation of Storm Sewer Improvements. It is recognized that the Building is essential to the Lessee's operations. Lessee agrees to pay for City to relocate the Storer Sewer Improvements if necessary for federally mandated improvements to the existing Storm Sewer Improvements by City; provided, however, that if City may accomplish its purpose by a design which does not iequire the relocation ofthe Storm Sewer Improvements but which is more expensive than the design which would require such relocation, Lessee may, instead of relocating the Storm Sewer Improvements, pay City the added cost of accomplishing its purpose by the more expensive design. 6. INSURANCE. A. Coverage. Lessee must obtain and keep in force during this Lease legally binding policies of insurance for claims arising out of the construction, existence, use, operation, AC719619711.OQ9lakyway.lsa Page 6 of 16 maintenance, alteration, repair, or removal of the Structures or the Building in the amounts and types of insurance set out on the attached and incorporated Exhibit E. Such policies of insurance must be issued by a company or companies of sound and adequate financial responsibility authorized to do business in the State of Texas. B. Certificates of Insurance. Lessee shall cause current certificates of such insurance to be delivered to the office of City's Director of Engineering Services. C. Named Insured. The City must be included as a named insured in the Comprehensive General Public Liability Insurance•policiy(ies). The naming of the City as an additional insured in such Comprehensive General Public Liability policies ores not make the City a partner or joint venturer with Lessee in its businesses or in connection with its construction of the Structures or the Building. The policies of insurance must be performable in Nueces County, Texas, and must be construed in accordance with the laws of the State of Texas. Furthermore, the policies of insurance must not be subject to cancellation by insurers except after delivery of written notice by certified mail to City's Director of Engineering Services at least 15 days prior to the effective date of such cancellation, and Lessee must, prior to the effective date of the cancellation, provide City's Director of Engineering Services with substitute certificates of insurance. D. Failure on the part of Lessee to procure or maintain required insurance constitutes a material breach of contract upon which the City may immediately terminate this Lease as provided in Section 12 or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the City must be repaid by Lessee to the City within 30 days of City Manager's written demand therefor. AG96193D.D691skyway,lso Page 7 of 16 E. The amount of insurance coverage here specified as required may be subject to renegotiation each year. Should either party request renegotiation with respect to the amount of insurance coverage to be provided, the determination thereof will be established through mutual negotiation between the parties, Said negotiations must commence 3 months prior to the termination of the current insurance period. In the event a new amount has notbeen established by mutual agreement within 3 months from commencement of negotiation, said controversy will be submitted to arbitrationunder the Commercial Rule .of Arbitration of the American Arbitration Association, except: the locale for the arbitration shall be within the City of Corpus Christi; the sole issue for determination pursuant to this section by the arbitrator is the amount of insurance coverage required for the period under review; and the expenses subject to the arbitrationprocess will be borne equally by the parties. City Manager is hereby authorized to negotiate on behalf of the City. 7. INDEMNITY. Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitees") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises, the Structures or the Building thereon pursuant to this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitees") or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise AG1961930.Q091skyway.irc Page 8 of 16 from or out of the Structures or the. Building located on the Premises herein or out of the use or occupancy of the Structures or Building on the Premises or the,Premises itself by Lessee, or Lessee's Invitees. Lessee further indemnifies City and.indemnitees for all damages to the Structures or the Building which may occur due to City or Indemnitees actions in constructing, operating, maintaining, repairing, or replacing Storm Sewer Improvements or Utility Improvements located within the drainage easement or utility easement which form a part of the Surface Premises, expressly including City or Indemnitees own negligence. City will continue to operate, maintain, repair, and replace the Storm Sewer Improvements and Utility Improvements located in the drainage easement and utility easement. Lessee covenants and agrees that in case City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee must defend City upon receipt of reasonable notice regarding commencement of such litigation. 8. TAXES, FEES. Lessee must pay for all taxes, licenses, and fees required to operate and maintain its various commercial facilities on the Premises. Further, Lessee must pay all taxes which its use of the Premises, Structures, and Building may cause to be assessed against t the Premises, Structures, or Building. Lessee must pay all payroll taxes and related taxes and fees incident to operation of its commercial and retail facilities on the. Premises. AG1961930.009%. kyway.lsz Page 9 of 16 9. FINANCING. City ;recognizes that Lessee may borrow funds to construct the Structures or Building, or for other purposes, securedby a first Tien on security which includes Lessee's interest in the Structures and Building and the leasehold estate in the Aerial Premises and Surface Premises. The fee simple estate of City in the surface estate burdened by Lessees leasehold estate must not be subject to such lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Trinity Towers Limited Partnership, acting by and through its General Partner, ARC Corpus Christi, Inc., created under that certain Skywalk and ImprovementLease e#1"eetiveDecember 18, 1997, by and between the City of Corpus "11 Christi, as Lessor, *, acting by and through its Trustee(s) as Lessee, and that this instrument does not affect the fee simple interest in the Aerial Premises or Surface Premises owned by the City of Corpus Christi." In the event of any foreclosure by any lender of a lien or liens on the Structures or Building and the leasehold estate in the Aerial Premises and Surface Premises, such lender or other purchaser at foreclosure and its successors and assigns shall succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent. 10. INSPECTION. City personnel may at all reasonable tinges enter upon the Premises, including the Structures and Building, for purposes of inspection, repair, fire or police action, and enforcement of this Lease. 11. DEFAULT AND TERMINATION. IfLessee defaults in performance of any of the promises or covenants contained herein City may terminate this Lease. City will give Lessee written * NH Texas Properties Limited Partnership AOW6W3O.0O9lakyway.lse Page 10 of 16 notice, in accordance with. Section 12 herein, of the default, specifying with particularity the nature of the default, the period to cure, and if the cure is not completed during the cure period, (or if the default cannot reasonably be cured within the cure period, and Lessee does not promptly commence curing the default during the cure period and diligently prosecute the curing of the default to completion within a, reasonable time after the end of the cure.period) City may terminate this Lease. Provided, however, that the City must give Lessee a second and final; notice specifying the default with particularity and give 30 days to cure, If Lessee has neither cured nor commenced to cure (as set out in this Section) within 30 days of the City's second and final notice, then City Council may terminate this Lease at any time thereafter so long as a default continues; In the event of termination, Lessee mustremove the Si ywalk in accordance with Section The failure of City or Lessee to insist on strict performance deny of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have, and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 12. NOTICES AND ADDRESSES, All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: AG\961930,009lskyway.lse Page 11 of 16 If to City: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Director of Engineering Services If to Lessee: Trinity Towers Limited Partnership e/o American Retirement Communities, L.P. 111 Westwood Place, Suite 402 Brentwood, Tennessee 37027 Attn: President and General Counsel with a copy to: Bass Berry & Sims PLC 2700 First American Center 25th Floor Nashville, Tennessee 37238 Attn: T. Andrew Smith Porter, Rogers, Dahlman & Gordon, P.C. 800 N. Shoreline Blvd, suite 800 Corpus Christi, Texas 78401 Attn: E.V. Bonner, Jr. MLD Texas Trust 1280 Bison, Suite B9-203 Newport Beach, California 92660 Attn: Co -Trustees and General Counsel O'MeIveny & Myers, L.L.P. 610 Newport Center Drive, Suite 1700 Newport Beach, .California 92660 Attn: Real Estate Department Chairman Noticedeposited with the United States Postal Service in the manner described above will be deemed effective 1 business day after deposit with the IL S. Postal Service. Notice by AGW6143Q,009tskyway.Ise Page 12 of 16 telegram or overnight express delivery service will be deemed effective 1 business day after transmission to the telegraph company or overnight express carrier. Notices sent to City will be addressed to the attention of its City Manager unless some other provisions of this Lease requires a particular notice to be sent to a different specified City officer, in which case the notice will be addressed to the attention df that officer, Either party's address may be changed by a party giving notice to all other parties as provided above. Post Office receipt or return receipt is conclusive proof that such notice was delivered in due course. 13. MODIFICATIONS. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 14. MISCELLANEOUS PROVISIONS. A. Limitation of Leasehold. City does not warrant its title to the Premises. This Lease and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and,exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Premises that exceed those owned by City, B. Binding Agreement. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, shall be binding on the said parties, and their respective successors and assigns. C. Other City Ordinances. This Lease and the ordinance under which it is executed do not operate to repeal, rescind, modify, or amend any ordinances or resolutions of the City of Corpus AC3k961934.069kakyway.lic Page 13 of 16 Christi relating to the use or obstruction of streets, the granting of permits and any regulations relating to the preservation of order and movement of traffic, or any other ordinances, resolutions, or regulations not specifically set forth in the ordinance of which this Lease is a part. D. Compliance with laws. Lessee must comply with all applicable Federal, State, and local laws, rules, and regulations that apply to Lessee's use and occupancy of the Premises with the Structures and Building. 15. ASSIGNMENT AND SUBLEASING. Lessee may .gn this Lease to IVEFAI A 4" AFX, A ee *, a Delaware` . * may sublease this Lease to Trinity Towers Limited Partnership. All other assignments and subleases must be approved by the City Council, which consent will not be unreasonably withheld. Upon assignment, Lessee may request the City to release Lessee froni any further liability: under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee hereunder. 16. MEMORANDUM OF LEASE. The City will execute and deliver to Lessee a short form memorandum of this Lease in recordable form. Lessee shall pay all costs of preparing and recording the Memorandum of Lease, 17. INTERPRETATION. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 18, ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other *NH Texas Properties LimitedPartnership 7)1 1-fA **limited partnership ACA961930.0091skywdy,lsz Page 14of16 agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's commercial and retail operations and the Premises to be used in the conduct of said operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid, or illegal. Executed this /4 day of Xvivef 1 Lessor: CITY OF CORPUS CHRISTI, TEXAS By: ATTEST: AG1961930.009Nskyway,lse Hennings, City Manager APPROVED AS TO LEGAL FORM I P siXC. , 1996 JAMES R. BRAY JR; CITY ATTORNEY Alison Gallaw, ;, Assistant City Atto .....Y Lessee: Trinity Towers Limited Partnership, through ARC Co us Christi, Inc., General Partner Natfie=.5ct:6." Title; SEM r..6;tl' Page 15 of 16 0 15 30 60 '';w; 90 GRAPHIC SC'ALE 1 HOr00'30" £ u.� - LINE OF .OVERHEIN3 CONNECTOR AEIO YF.... • 30r 00'301V PFICOSmi TRNITY _TOWERS Na•20'16"E N 15.04'04" E 40.53' Cmoassindl.. COMO ARC FACILITY 4/0 MA cow dka. 112 N.r.rtkn sit-aw► essisamo COOPERS ALLEY ExhibitA TibINI TY TOWERS: mr"!lainvium:17-- camous Ci4RBT1, TX xxiliswon =rte.i".'t;•"1lot I131wasaaaaOr tL. . 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''neismisasa====nrMa s�easummlaaslo rli tIw�/:rm.4maamirolm `. :1..------ a®mom MEMENOSSMilliiniiiiMOSIMME mmwm�siaswamomm=mom"mi m MINIMP amwawwM Nommammailinnwiwwwilmses amutais amen Imm==swum amisme nwsmiww Nom= mown tamales INOWe� s 4P7slrl:1. l'SM imilloswesmilmn ammusmowwwWWIMMInglimmamminimm=monimitwournomismooMINMEgIMMMiL EMEMaIlanallaNianallaliMMInammit —1 aaalasaarws wtmswlrs=NM= aa®mMari spmmwal a—=In aalaillallIM===============l111======la===llimaelommammemaamwwalwwa®rM las1===sa=marlsM metalMan= amissamamasml®isms==mom ia•olsm®mm=mw4lll=arwO mneme MOM moms= ammw wmmoos r mlmm_Qemmm®el minimi= Nwnw imwwwwwi mmt=mow ommmamomews= me r wwwww mommamw almm I $ IN slimmtwasiNEENNIEss. CES'P Ain ERA Orris eta. Ut 144•Mllie. M 3T117-2514 Exhibit A-•1. TRINITY TCWE 3 CORPUS CHRISTI, TX SECTION 1'3-41RJ ROADWAY 26111101 lo pad- ••• R..4.1 Arrrut+aq 0 15 30 60 90. GRAPHIC SCALE too 064 GROUND 130%. CULVERT k:EATHENT !COSTING. 24" S1HTMY ' SEWER MUMMY 5EVIER EASEMENT ?1,3905666601 INS;G uST OF CORNICE MOVE S 50.2016" W 8.34` 5 15.04'04" W 4O.E:3' (tn.citred) 11,12.4 .4 CESP COOPER'S TRINI T't' TOW i s otrp o r r}t t4) CORFI lS GHRIg7S, TX }ma mru1 Orme >Q NMh./q/?* 742.123,7;31.!14 a.... 6115 .a A* r0 nrant V$RT Exhibit B .1"x4 n.s p o:s set 40c64 MATCHI.INE ",.kI 1 z /^� II 1 1 (11a r _...... .., ......,....., ., m 1 I 4 1 1 I I 1 1 i i l i 1I ui 1 1 Nj 6 RI 1 i r-wl 4. .0 -,OZ , 4„ZAC4-,Z*4•9-tZi .- tlEl1 -k?ii2--$4. IIY.17.4., .• ruis r..w•! ri.j tiiti !Nis I l _.._N.' 1 1.1 i" W 0 0 -n N U 2' 6 oneweit 1 1 t W i i it t W iii I 1 } u1 1 ' ,;4-g 71fI At . 6°,4 10.71. 1..7or.1 �wi • varrium CESP TRINITY TOWERS - . Act eN4• Drtv.. bla IC Ha+hytilr,.?N 3719-1.6.14 GQRF[15 GHR1eTl, Z'7cwalumw +�n ELEVATION ALONG GARANGAIdIJA Exhibit 11-1 �r1 { -Bowl-or -mon L . t CC t N Z MATCHUNE '1A" ��wa�ri�w r+�aar�s�a aarai=re 8rraar YOU r 1 r 1 i I l 1 } i i 1 � I i I I 4 Q.Q. � I1 %I§ ,..ti kj wki = Iel rip. 1 m1-. 0.1.11.11 tirli ,1O-1OZ *«21141-icL .. 2-,ZE + Ng-ira.-sg. „9- 1' ` I$0-,91 . . • t c-o.rgsorutr-� 2 >:NA LYS 64u. R. _ I ... w. TRINITY OWE Sworrcalim CORPUS CHRISTI, TX IVIMMEIr Exhibit B-2 tb037 ct' t r1r11.1. ,51 r' AIDANf'.b i 14 -4r� C37 \24 IL.J.L.14-.3.ZVZ \ • r N/ 10. 7.7858 §,! 5 9,9 .9,302. 0 10 20 40 66 GRAPHIC SCALE 10211 E DA1 NO1' 00'30 9.59 N80' 20'16E 8.313 IE C3 COOPER'S ALLEY ( I rpvertAraivi) dim am* Of ma %Wink% 1,41 3711.141i4 TL (4 3114.-44211 Nix. MA .11611111 in n7n • Spin= C-4 - sormsow_ *mar 1 t!ES vansPoserolr— apierua CHRISTI, TX Arucsamarr oar AERIAL EASEMENT CORNICE ALONG CARANC*ILIA SIWEET /N7322ltZhIEi / ��' 2.43' ua 0 cn 0 10 20 GRAPHIC SCALE • 40., 60 2957 S72' 58'35"W 2.43' 10,075. 9,735.8 INE v F N E 1W8W1: 9.4800 U. 10.04556 9,729. 10 .047.2572 749.5459 E 9,749,3655 0" 00'00"W 13,26' 1032.5391 3,737.5332 ca I C25 9,9956633 GEIS')TRINITY TOWERS cabs CHRISTI, TXNOP --�� 2iamoerg o.ri:tneati) 4 !HA Drew aim tt2 r44rwut., SN 3-1rt-ut4 TMJ (651 366-14d.2 Fa.. !6$)366•i6AA N 10;047.: E 9,764.8 coops ALCM' ivirrawagrwirser- rilierwerareare- AERIAL EASEMENT s CORNICE ALONG TANCAl-U,4 STREET EZ`HIEII"C-5 ,trtrx IMIT ►u • LL16,C, • i3 • -ANGAI-EJA STIRMT t I ,000-50-E Waler'arE 100 :II' NOgrH ATTACINT B. INSURANCE RjF,,QUIREIYMENITS LESSEE'S T.TABILITY TNS131ACE A. The Lessee must not commence work under this agreetb.ent until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor may the Lesseeallow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Lessee .must latish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional inured for alt liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE KINEYWM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property. Damage Commercial General Liability including; 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. , Underground Hazard 1 Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILELIABILITY—OWNEDNON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS` COMPENSATION ACT AND PARAGRAPH 11 OF THIS EMBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of alt.. reports of such accidents at the same time that the reports are forwarded to any other interested parties. Exhibit E 2 11. 20..1211112NALRESALIREMitlia A, The Lessee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law, If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Contract Administrator requests that the Lessee sign the contract documents, the Lessee must provide the Risk Manager with a copy of its certificate of authority to self -insure its workers' compensation coverage, as well as a letter signed by the Lessee stating that the certificate of authority to self: insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate ofautharity to self -insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Lessee must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Engineering Department, P.O. Box 9277, Corpus Christi, TX 78469-9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance., the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project must be listed under "Description of Operations" At a.mininzum, a 30 -day written notice of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(8), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(8) are included or excluded. tEL A completed Disclosure of Interest must be submitted with your proposal, Revised August; 1996 Trinity Tawas ins req. 12.6-96 ep Risk Mgmt Exhibit 2 Sublease (see.:attache(I) SUBLEASE [Trinity Towers — Skyway Lease] THIS SUBLEASE ("Sublease") is made as of , 2015, by and between TRINITY TOWERS LIMITED PARTNERSHIP, a Tennessee limited partnership ("Sublessee"), and BKD SHORELINE, LLC, a Delaware limited liability company ("Sublessor"). WITNESSETH: WHEREAS, pursuant to that certain Skyway and Improvement Lease dated January 14, 1997, by and between the CITY OF CORPUS CHRISTI, as lessor (the "City"), and Sublessee, as lessee (the "Prime Lease"), a memorandum of which is of record in County CIerk's File No. 1997015846 of the Official Public Records of Nueces County, Texas, the City leased certain property (the "Leased Property") to Sublessee, as more particularly described therein; and WHEREAS, pursuant to that certain Assignment and Assumption Agreement dated June 13., 1997, by and between Sublessee and NH Texas Properties Limited Partnership ("NH Texas"), of record in County Clerk's File No. 1998017796 of said Public Records, all of Sublessee's rights and obligations as lessee under the Prime Lease were assigned to, and assumed by, NH Texas; and WHEREAS, pursuant to that certain Assignment and Assumption Agreement of Skywalk and Improvement Lease dated as of February 12, 2015, by and between Sublessor and NH Texas, of record in County CIerk's File No. of said Public Records, all of NH Texas' rights and obligations as lessee under the Prime Lease were assigned to, and assumed by Sublessor; and WHEREAS, the parties hereto have agreed that Sublessor shall sublet the entirety of the Leased Property to Sublessee pursuant to the terms and provisions of this Sublease. NOW, THEREFORE, the parties hereto hereby covenant and agree as follows: 1. Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the Leased Property for the remaining term of the Prime Lease, at the same rental. described in the Prime Lease: Sublessee shall pay the rent provided for under the Prime Lease at the times and places set forth in the Prime Lease. Such payments shall be made directly to the City for the benefit of the Sublessor, At Sublessor's request, Sublessee shall furnish Sublessor with evidence that any particular payment has been made within five (5) days after making said payment or receiving the request, whichever is later. 2. If Sublessor shall be charged for additional rent or other sums pursuant to the provisions of the Prime Lease, Sublessee shall be liable for such additional rent or sums. Any additional rent or other sums will be payable by Sublessee in the same manner or subject to the same stipulations as rent itself. 3. This Sublease is subject and subordinate to the Prime Lease. Except as may be inconsistent with the specific terms hereof, all the terms, covenants, and conditions contained in 866283 the Prime Lease shall be applicable to tIis Sublease with the same force and effect as if Sublessor were the lessor under the Prime Lease and Sublessee were the lessee thereunder; and in ease of any breach hereof by Sublessee, Sublessor shall have all the rights against Sublessee as would be available to the lessor againstthe lessee under the Prime Lease if such breach were by the lessee thereunder. 4. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor is entitled under the Prime Lease, and Sublessee shall look solely to the lessor under the Prime Lease for such services and rights. As long as Sublessee is not in default hereunder, Sublessor hereby designates Sublessee as its agent and attorney-in-fact to exercise all rights, including without limitation, any rights to enforce any remedies that may be available to Sublessor as lessee under the Prime Lease. 5. Sublessee shall neither do nor perinit anything to be done that would cause the Prime Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in the City under the Prime Lease. 6. Sublessee represents that it has read and is familiar with the terms of the Prime Lease. 7. This Sublease may not be changed or terminated orally or in any manner other than by an agreement in writing and signed by the party against whom enforcement of the change or termination is sought. 8. Any notice or demand which either party may or must give to the other hereunder shall be in writing and delivered personally or sent by registered mail addressed if to the Sublessee, as follows: Trinity Towers Limited Partnership cfo Brookdale Senior Living Inc. 111 Westwood Place Suite 400 Brentwood, TN 37027 Attn: General Counsel and, if to Sublessor, as follows: BKD Shoreline, LLC e/o Brookdale Senior Living Inc. 111 Westwood Place Suite 400 Brentwood, TN 37027 Attn: Executive Vice President, Finance Either party may, by notice in writing, direct that future notices or demands be sent to a different address, 2 9. The covenants and agreeents herein contained shall bind and inure to the benefit of Sublessor, Sublessee, and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to beexecuted on or as of the date first above written. SUBLESSEE: TRINITY TOWERS LIMITED PARTNERSHIP, a Tennessee limited partnership By: ARC Corpus Christi, Inc., a Tennessee corporation, its general partner By: Name: Title: SUBLESSOR: BKD SHORELINE, LLC, a Delaware limited liability company By: 3 Name: Title: STATE OF TENNESSEE ) ) COUNTY OF DAVIDSON ) Personally appeared before me, the undersigned, a Notary Public, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained, and who further acknowledged that he is the Executive Vice President of ARC Corpus Christi, Inc., a corporation that is the general partner of Trinity Towers Limited Partnership, a limited partnership, and is authorized by the corporation, the corporation being authorized by the limited partnership, to execute this instrument on behalf of the corporation in its capacity as general partner of the limited partnership. WITNESS my hand, at office, this day of , 2015 Notary Public My Commission Expires: STATE OF TENNESSEE ) COUNTY OF DAVIDSON ) Personally appeared before me, the undersigned, a Notary Public, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained, and who further acknowledged that he is the Executive Vice President of BKD Shoreline, LLC, a limited liability company, and is authorized to execute this instrument on its behalf. WITNESS my hand, at office, this day of. ; 2015 My Commission Expires:. 4 Notary Public Exhibit 3 Contact Information. If to Lessee: BIND Shoreline, LLC c/o Brookdale Senior Living Inc. 111 Westwood Place, Suite 400 Brentwood, TN 37027 Attention: General Counsel with a copy to: Rogers & Hardin LLP 2700 International Tower 229 Peachtree Street NE Atlanta, GA 30303 Attention: Carolyn B, Dobbins AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: March 10, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 - foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, and requiring the owners, Breckenridge Group Corpus Christi Phase II, LP., to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 20 -foot wide public right-of-way in conjunction with the development of Lot 1, Block 1, Oso River Estates Unit 2. BACKGROUND AND FINDINGS: Breckenridge Group Corpus Christi Phase II, LP. (Owners) are requesting the abandonment and vacation of an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, located south of and adjacent to Williams Drive and north of Holly Road. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with the development of Lot 1, Block 1, Oso River Estates Unit 2. The existing 20 -foot wide public right-of-way is the western part of what was an existing 40 -foot wide public right-of-way. The 20 -foot wide east portion of the 40 -foot public right-of-way, was abandoned and vacated by City Ordinance 028821, on October 26, 2010. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within the dedicated 20 -foot wide public street right-of-way, or objections regarding the proposed public right-of-way abandonment. Legal Finance OMB FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, and requiring the owners, Breckenridge Group Corpus Christi Phase II, LP., to comply with specified conditions. WHEREAS, Breckenridge Group Corpus Christi Phase II, LP. ("Owners") have requested the abandonment and vacation of an undeveloped and unsurfaced 11,420 - square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, April 14, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right- of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Breckenridge Group Corpus Christi Phase II, LP. ("Owners"), an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, located south of and adjacent to Williams Drive and north of Holly Road., as recorded in Volume 68, Pages 336-337, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Exhibit A 0.262 Acres, Road Closure STATE OF TEXAS COUNTY OF NUECES Job No. 08896.B4.10 November 16th, 2014 Fieldnotes, fora 0.262 Acre, Road Closure, out of Lot 1, Block 1, Oso River Estates Unit 2, a map of which is recorded in Volume 68, Pages 336-337, Map Records of Nueces County, Texas; said 0.262 Acres being more fully described by metes and bounds as follows: Beginning, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the Southwest Right -of -Way of Williams Drive, a public roadway, the Southeast Line of the said Lot 24 and the said Lot 1, for the East corner of this tract; Thence, South 29°00'00" West, with the Southeast line of the said Lot 24, at 5.00 feet, pass the North corner of Lot 1, Paul Jones Sports Complex, as recorded in Volume 67, Pages 495-496, of the said Map Records, in all 571.00 feet to a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found on the East comer of the Remainder of 174.425 Acre Tract, described in an Exchange Deed, from Gladys Mattie Smith, to Gladys Mattie Smith Marital Trust, as recorded in Document Number 201 I007302, of the Official Public Records of Nueces County, Texas, the South comer of the said Lot 1 and of this tract; Thence, North 61°00'00" West, with the Northeast Iine of the said Remainder of 174.425 Acre Tract, 20.00 feet, to the West corner of this tract; Thence, North 29°00'00" East, 571.00 feet, to the said Southwest Right -of -Way line, for the North corner of this tract; Thence, South 61°00'00" East, 20.00 feet, to the Point of Beginning, containing 0.262 acres (11,420 Square Feet) of Iand, more or less. Bearings are based on the record plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described her URBAN ENGINEERING Keith W. Wooley, License No. 5463 SiSurveying188961B41 D1OFFICEIMETES AND BOUNDS1008896B410 0.262Ac-20RoadClosure 20141116 doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Missouri a Williams ii — Yu _.._.._.- Sparkle Seo Lakeview o c o U• E p' 1 r d m M 5 Milk Wo m t, E Whis• r Wind 2 °m'c • D'..er C o • 5 Ursa B p 2; 'O uiP ler°DI vi 6 -`po<.� x 3 c Cor - Soir I:1 Cessna ff-Tm. • - - - - Convoir _ Sk' in ` N 11.1 � C Ntn —WiF ams rive 25'x251outhwestern Bell 52 5° Easement (Doc. Na. 2001025767. O.P.R.N.C.T.) 1 UI Site Williams 8 Barnh e p1pt ittany ' on e j, v a IOW a Moffett Lot 1, Block 1 Oso River Estates Unit 2 Vol. 68, Pge. 338-337, Map Records of Nueces County, Texas +Pbia olgrnning 375'--75.YR .Q 8 to in Ild g S 8 8 N N Z 11 LO" 24, SON 28 FLOUR BLUFF AND ETC1NAL FARM AND GARB TRACTS VOL A, FGS. 41-43, MAP RECORDS OF NUKES COUNTY, TEXAS Remainder of 174.425 Acres (Owners: Gladys Mattie Smith Marital Trust) Doc.#201107302 00 200 100 200 400 Legend; e Fd. 5/8" IR. w'th red plastic cap stamped Urban Engr C,C Tx" L 20' Wide Road Closure 0.282 Acres 111,420 Sq. Ft.) LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI \i„ Lot 1 Paul Jones Sports Comp ex Vol, 67, Pgs. 495-496, Map Records of Nueces County, Texas LINE BEARING DISTANCE L1 N81'00'00'w 20.00' L2 561'00'00"E 20.00' Exhibit B Sketch to Accompany Fleldnotes, for a 0.262 Acre, Road Closure, out of Lot 1, Block 1, Oso River Estates Unit 2, a map of which is recorded in Volume 68, Pages 336-337, Map Records of Nueces County, Texas. U R B A N ENGINEERING A=5r:w Y rCcd (Q d 1ti DATE: Nov. 16. 2014 SCALE 1"-100' JOB NO.: 08896.134.10 SHEET: 1 of 1 DRAWN BY: RLG 02014 b Urban En . ineerin J • AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: March 10, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of an undeveloped and unsurfaced 20 -foot wide public right-of-way, located south of Williams Drive and north of Holly Road. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 39,530 -square foot portion (0.91 acres) of a 20 -foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owners, Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown, to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 20 -foot wide public right-of-way in conjunction with the development of the Oso River Estates Unit 2. BACKGROUND AND FINDINGS: Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown (Owners) are requesting the abandonment and vacation of an undeveloped and unsurfaced 39,530 -square foot portion (0.91 acres) of a 20 -foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, located south of Williams Drive and north of Holly Road. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with the development of the Oso River Estates Unit 2. The existing 20 -foot wide public right-of-way is the western part of what was an existing 40 -foot wide public right-of-way. The 20 -foot wide east portion of the 40 -foot public right-of-way, was abandoned and vacated by City Ordinance 028821, on October 26, 2010. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within the dedicated 20 -foot wide public street right-of-way, or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating an undeveloped and unsurfaced 39,530 -square foot portion (0.91 acre) of a 20 -foot wide public right- of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owners, Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown, to comply with specified conditions. WHEREAS, Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown ("Owners") have requested the abandonment and vacation of an undeveloped and unsurfaced 39,530 -square foot portion (0.91 acre) of a 20 -foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, April 14, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 39,530 -square foot portion (0.91 acre) of a 20 -foot wide public right-of- way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown ("Owners"), an undeveloped and unsurfaced 39,530 -square foot portion (0.91 acre) of a 20 -foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, located south of the Williams Drive public street right-of-way and north of the Holly Road public street right-of-way, as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Exhibit A 0.91 Acres, Road Closure STATE OF TEXAS COUNTY OF NUECES Job No. 08896.B4.10 November 17th, 2014 Fieldnotes, for a 0.91 Acre, Road Closure, of Lots 24 and 25, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, over and across the Remainder of 174.425 Acre Tract, described in an Exchange Deed, from Gladys Mattie Smith, to Gladys Mattie Smith Marital Trust, as recorded in Document Number 2011007302, of the Official Public Records of Nueces County, Texas; said 0.91 Acres being more fully described by metes and bounds as follows: Beginning, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the Northwest line of Lot 1, Paul Jones Sports Complex, as recorded in Volume 67, Pages 495-496, of the said Map Records, the South corner of Lot 1, Block 1, Oso River Estates Unit 2, a map of which is recorded in Volume 68, Pages 336-337, of the said Map Records, for a East corner of the said Remainder of 174.425 Acre tract and of this tract; Thence, South 29°00'00" West, with the Southeast line of the said Lot 24, being the Southeast line of the said 174.425 Acre Tract, the Northwest line of the said Lot 1, Paul Jones Sports Complex, at 722.72 feet pass the West corner of the said Lot 1, Paul Jones, continuing with the said Southeast line, in all 1976.50 feet, to the Northeast Right -of -Way of Holly Road, a public roadway, for the South corner of this tract; Thence, North 61°00'00" West, with the said Northeast Right -of -Way, 20.00 feet, to the West corner of this tract; Thence, North 29°00'00" East, 1976.50 feet, to the Southwest line of the said Lot 1, Block 1, for the North corner of this tract; Thence, South 61°00'00" East, 20.00 feet, to the Point of Beginning, containing 0.91 acres (39,530 Square Feet) of land, more or less. Bearings are based on the record plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING Keith W. Wooley, R.P.L License No. 5463 S:\Surveying\8896\B410\OFFICE\METES AND BOUNDS \008896B410_O.91 Ac-20RoadClosure_20141117.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 URBAN) ENGINEERING 2725 SLmtr,er SL, Caws Christ( 7X 78404 78Pf Fin Na 145 78PLS Th, Na 10277(07 Hoc (36/) 654-3107 FAX (367) 854-6721 O Missouri al _ N ---Z- - "Y13 k -an' -- - — — --- ---- — • - — Z—Y13k-9rr----------------•-- 0 Milky Way m E Whisper Wind N a°7 'o Dipper 3 0 - ,, 0 J Eo Urso 0 6'.-- iSo(\0, Williams Sparkle Sea Lakeview c 0 a o 0 U7 pi Piper Spitfire \ I Qo c J Cor— Convair �, Sair m Cessna Skykinq v-0 _o 0 0 C 03 O Williams Drive Site Holly Road LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI Williams Drive lr 25'x25'Southwestern Bell 32.5 Easement (Doc. No. 2001025767, 0.P.R.N.C.T.)-' Lot 1, Block 1 Oso River Estates Unit 2 Vol. 68, Pgs. 336-337, Map Records of Nueces County, Texas WI I 3 S "7_''ION Remainder of 174.425 Acres (Owners: Gladys Mattie Smith Marital Doc.#201107302 300 200 100 0 Trust) w to O O O N Z 0 N. an 0 0 0 0 37.5' 25' Y. R. irkr Ak Lot 1 Paul Jones Sports Complex Vol. 67, Pgs. 495-496, Map Records of Nueces County, Texas Point of Beginning O to co 0) GRAPHIC SCALE 1' =200' Legend: • Fd. 5/8" I.R. with red plastic cap stamped "Urban Engr C.C. Tx" 205SECTION 31 Remainder of 84.595 Acres Called Tract "A" (Owner: Nuss Investment Partnership, Ltd.) Doc. #2012049446 UNE BEARING DISTANCE Li N61"00'00"W 20.00' L2 S61'00'00"E 20.00' Holly Road L1 0 Exhibit 200 400 Sketch to Accompany Fieldnotes, for a 0.91 Acre, Road Closure, of Lots 24 and 25, Section 28, Flour Bluff and Encina) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, over and across a Remainder of 174.425 Acre Tract, described in an Exchange Deed, from Gladys Mattie Smith, to Gladys Mattie Smith Marital Trust, as recorded in Document Number 2011007302, of the Official Public Records of Nueces County, Texas. DATE: Nov. 16. 2014 SCALE: 1"0:100' JOB NO.: 08896.84.10 SHEET: 1 of 1 DRAWN BY: RLG 02014 by Urban Engqineerin \Sun/pv,ng$Rgfi\R41ruYhihi 8RgR41n rlwrj, T1/71/2(114 q•7T•47 M4 1: AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: March 23, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning for a Special Permit for a Transitional Housing Facility for The Salvation Army Property Address: 1508 Leopard Street CAPTION: Case No. 0215-01 The Salvation Army: From the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility. The property to be rezoned is described as Lots 1 thru 9, Block 2, West End Addition and portion of alley, between Antelope and Leopard Streets and between Mexico and Josephine Streets. PURPOSE: The purpose of this item is a rezoning to allow a transitional housing facility. RECOMMENDATION: Planning Commission and Staff Recommendation (March 11, 2015): Approval of the change of zoning from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility. The Special Permit is subject to the owner complying with the site plan and the following conditions in addition to the minimum UDC requirements for the "Cl" Intensive Commercial District. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility in need of support services to assist their transition into permanent housing not to exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Screening: On the northern and eastern property line adjacent to the single-family uses, a six -foot -tall solid wall will be constructed to minimize noise and screen the back of the building. A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 4. Security: The facility located on the Property shall be monitored by staff at all times. 5. Landscaping: Landscape requirements as outlined in the UDC need to be met for 100 percent of the property facing Antelope Street, which will become a main gateway into the city with the Harbor Bridge realignment plans. 6. Building Design: The facility's Leopard Street fagade shall provide pedestrian -oriented architectural features indicating it as the main entrance into the facility. The facade of ground level non-residential uses on Leopard Street shall provide windows to create a storefront appearance that enhances the pedestrian -oriented streetscape. 7. Lighting: All lighting shall be shielded away from residential areas and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 8. Adopt -a -Park: The Owner shall enter into an Adopt -a -Park agreement with the City for Lovenskiold Park if possible. 9. Parking: Entrance to the parking lot shall be on Mexico and Antelope streets. 10. Existing Alley Way: The existing alley will remain accessible for vehicle traffic and the neighboring single-family residences which currently use the alley to access their properties. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit, for the purpose of constructing a transitional housing facility. • Unlike transitional housing facilities, homeless shelters and public feeding events that do not provide sufficient organizational support can create negative impacts to surrounding businesses and residents, and they can make it difficult to attract new development initiatives. • The currently adopted Comprehensive Plan and Central Business Development Plan do not provide much guidance on the location or provision of social service uses. • The re -zoning is inconsistent with the Future Land Use Plan, but it is consistent with other Comprehensive Plan and Central Business Development Plan policies. • Encouraging infill development as a policy does not imply that any use so long as it is infill is appropriate for the property to be infilled. • In accordance with Policy Statement PSNI 1.2, redevelopment of this site using pedestrian oriented design would increase natural surveillance of the area, and the Special Permit conditions can require the building be built with zero -setback and entrances on Leopard Street, a future proposed pedestrian corridor. • The approved site plan required with the re -zoning application does conform to the adjacent residential uses of the properties to the north, which include single-family homes. The applicant is providing adequate buffer by erecting a six-foot wall between the adjacent single-family and shelter facility, which currently are separated by an alley. • The re -zoning does not have a negative impact on the surrounding neighborhood. The applicant intends to improve a blighted, vacant piece of land by constructing an estimated $5 million social service facility, which will be designed to enhance the pedestrian corridor of the Leopard Street area by placing the facility's front door at the property line on Leopard Street (zero setback). • The Special Permit request does meet all of the review criteria required by UDC Article 3.6.3. ALTERNATIVES: 1. Deny the request. 2. Modify the proposed Special Permit conditions. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility is consistent with elements of the Central Business Development Plan and inconsistent with adopted Future Land Use Plan's designation of the property for Medium Density Residential uses along Antelope Street and Mixed -Use Commercial uses along Leopard Street. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Office of Management and Budget, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by The Salvation Army ("Owner"), by changing the UDC Zoning Map in reference to Lots 1 thru 9, Block 2, West End Addition and portion of alley, from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility; 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 Salvation Army ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 11, 2015, during a meeting of the Planning Commission, and on Tuesday, April 14, 2015, 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 Salvation Army ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1 thru 9, Block 2, West End Addition and portion of alley, located between Antelope and Leopard Streets and between Mexico and Josephine Streets. (the "Property"), from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility (Zoning Map No. 046045), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner complying with the site plan (Exhibit C) and the following conditions in addition to the minimum UDC requirements for the "Cl" Intensive Commercial District. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility in need of support services to assist their transition into permanent housing not to exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Screening: On the northern and eastern property line adjacent to the single- family uses, a six -foot -tall solid wall will be constructed to minimize noise and screen the back of the building. A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 4. Security: The facility located on the Property shall be monitored by staff at all times. 5. Landscaping: Landscape requirements as outlined in the UDC need to be met for 100 percent of the property facing Antelope Street, which will become a main gateway into the city with the Harbor Bridge realignment plans. 6. Building Design: The facility's Leopard Street facade shall provide pedestrian -oriented architectural features indicating it as the main entrance into the facility. The facade of ground level non-residential uses on Leopard Street shall provide windows to create a storefront appearance that enhances the pedestrian -oriented streetscape. 7. Lighting: All lighting shall be shielded away from residential areas and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 8. Adopt -a -Park: The Owner shall enter into an Adopt -a -Park agreement with the City for Lovenskiold Park if possible. 9. Parking: Entrance to the parking lot shall be on Mexico and Antelope streets. 10. Existing Alley Way: The existing alley will remain accessible for vehicle traffic and the neighboring single-family residences which currently use the alley to access their properties. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. 0215-01— Ordinance The Salvation Army Page 2 of 7 SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0215-01— Ordinance The Salvation Army Page 3 of 7 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0215-01— Ordinance The Salvation Army Page 4 of 7 STATE OF 'MY AS COUNTY (W NL]ECES RBAN ENGINEERING Exhibit A - Jab No, 42952.0D.CJ January 19, 2015 Field not for a 1.47 acre tract of iattd (not based en an on-Ihc-grcund survey), more or less being all of Lots 1 through 3 and Lots 7 through 9, Block 2, portions of Leis 4 through 6, Block 2, and a prion ofa 12.00 foot wide alley, a;] shown on the plat of West End Addition, a map of which is recorded in Volume A, Page 5, Map Recs:rds ufNueccs County, Texas; said 1.47 acre tract being more fully deaceu"bed as follows; Beginning at a pninr on the South boundary of Antelope Street, a 60.0 foot wide public roadway, some being on the East boundary of Mexico Street, a 60.00 foot wide public roadway, for the Northwest corner of Lot 9, Block 2, said West End Addition, the N ix -UMW t:or er cfthis tract and the Point or l" cginning; Thence, East, wih the said South boundary of Antelope Street, same being the North boundary of the said Black 2, 144.00 feet to the West boundary of a 12.00 foot wide alley, for the Northeast corner of the said Lot 9, Block 2, and fora corner of this tract; Thence, South, with the West boundary of the said 12.00 foot wide alley, saute being the East boundary of the said Lots 7, 8 and 9, Black 2, 156.00 feet to the South boundary of 12.00 foot wide obey, same being on the North boundary of the said Lot 4, Block 2, for a corner of this tract; Thence. East, with the South boundary the said I2,a0 foot wide alley, same being the North boundary or Lots 1, 2, 3 and 4, 156.00 feet to the West boundary of Josephine Street. a 60.01 foot wide public roadway, Thence, South, with the said West boundary of Jose hint Street, 144.00 feet to the North boundary of Leopard Street, a public Roadway, for the Southeast corner of the said Lar 1, Block 2 old of this tract; Thence, West, with the North boundary of said Leopard Street, 150.00 feet for the Southwest coater of the said Lot 1, Block 2, and for a corner of this tract; Thence, North. with the common Zine of said Lots 3 and A, Block 2, 10.00 feet fora comer of this tract; Thence, West, 150.00 feet to the said West boundary of the said lot 6, Block 2, same being the East boundary of Mexico Street, for the Southwest corner cf this tract; Thence, North, with the said East boundary ofNit xiec Street, same being the West boundary of the said Block 2, 290.00 feet to the to the Point of Beginning and cnntmining 1.47 acres (64,164 square feet) of land„ Bearbigs based on the rec tided p /at ufJorres Additiu_i, a map tit -which is recorded in volume 3, Page 17, Map Records orNueces County, Texas. No monutstea Cation found or set unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears fn its entirety, in its original frim, surveyor assumes no responsibility or liability for ifs accuracy. Dan L. UrianNo. 4710 (361)8543101 2725 SWANTNE:R DR. • CORPUS CHRISTI,TIIEJfAS 78404 SiSorve ing442952`0900 0FFICEWETES AND BOUNDSIIFNtaismeenerig Corn TBPE flim #146 110PLS Fbm #101032400 FAX 1361)854-60p Page 1 or t 0215-01— Ordinance The Salvation Army Page 5 of 7 V uo!TeAIeS ayl aDueuipJO — TO-STZO 3 "Point Elerjkining: 3 U 3 Antelope Street EAST 144.00` LPI P. pyPk 4 Waal Eft .24.1i4n PoL r.-A•a• ell hum,. tw:nlr, In. Lel .:P. 1544 2 *..L EM .dd Ihn P•sl. 0, Pp S. t+lP PSV..!! 41 Ih..F14 Glw.ly., 1!K! Loi e. g0 L 2 UY.I PM MSI'.a.. 001, L. $. 5. Vua k[.t0l1 CP.n11. Tp.. L01 I I_ Bal. 2 w.sl f,n .I2, Rk bl.Ps. 2, VOR n{LPrill 01 Koce! 6Psnl!. r. -0L L01 7. lEm..1 2 wen r, a +Lacca. A40 k1 Mi. ( .Y.a Ra.0•d1 M ••11.42E-5Caudry. 4•af I.P1 11, ru.. 0 Ntl9 11tH Addila0 tbl .. LL, 0. W.. Fxwe. a. 0 .... tcor,11, 1.... FIST 1505.00' tit' Yna H r sr.� I1 We: * 15D.00' u 30 6.0 2 1.aoppfd Strut 14fos! 15040? PHIC 5 110=601 30.1 Interstate HgFFwoy 37_,..--.1'l } • t -11 - ly Antelope Street O rte [ II Leeward Street IEslin7 atr•eet Exhibit B skctch to Accompany &k ok, fw a 7, iP aas frac' d Mixt &it bard m m co-G^e-Tz..od RP" o,' 4565, dird 1 J p4k' L.&f L crz,/....S, LYx6�A' 24 bar 4 sm. $Mitik Z ¢KF F pre& Or 0 1•2.7.4 'LE! WM dr Mow dm oaf sr ma eiemwstst nurp if Wo 4 App Map he xll ofAb is nezdjg r•lers DATE January 30. 2015 SCALE: 1`=60' JOB NC.: 42952.00-00 SHEET: 1 of 1 DRAWN BY: X0 DINING AND KITCHEN FACILITIES r 0215-01— Ordinance The Salvation Army m X 0 113'-6' 24'-0' .18'-6' 144'-0 ■■■ENNEME■■■MENNEM■■ ANTELOPE ST. CHILDRENS PLAYGROUND L 7 E70STNG HOUSE PASTING HOUSE COSTING HOUSE L EXISTING ALLEYWAY .✓1 D1]STING ALLEYWAY COURTYARD VETERAN MEN HOUSING DUMPSTER ENCLOSURE ADMINISTRATIVE OFFICES MULTIPURPOSE CLASSROOMS EOSINS HOUSE At SERVICE ENTRANCE JOSEPHINE LEOPARD ST. BUILDING ELEVATION SCALE: 1" = 40'-0" PARKING REQUIREMENTS: 1 SPACE / EMPLOYEE (20) 1 SPACE / 250 SF ADMIN (3,850 SF) TOTAL REQUIRED TOTAL PROVIDED = 20 SPACES =16 SPACES =36 SPACES =36 SPACES NOTE: BUILDING AND SITE LIGHTING WILL BE IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE UDC. LANDSCAPING WILL BE IN COMPLIANCE WITH THE UDC REQUIREMENTS ALONG ALL PERIMETER STREETS AND WILL PROVIDE 100% FRONT YARD REQUIRED POINTS ALONG ANTELOPE STREET. 6'-0 TALL SOLD SCREEN WALL ROOF TERRACE FAMILY & SINGLE WOMEN HOUSING LEOPARD ST. FIRST FLOOR PLAN (20,438 SF) SECOND FLOOR PLAN (13,688 SF) SCALE 1" = 40-0" SCALE: 1" = 40-0" TURNER RAMIREZ rD ARCHITECTS s PLANNERS 0 -hV Aerial Overview t N Aerial Master Site Plan ANTELOPE ST. Yi SaFvaAdrgma LEOPARD &T_ DUILONG ELEVATgN SCALE z'=4Q4T pARIING REQUIREMENTS. SPACE; EMPLOYEE i SPACE 250 SF ADLIIN 18550 SF) TOTAL. REp11IR D TOTAL I*MDEB = 20 SPACES .15 SPACES SS SPACES =36 SPACES NSEL M1H THE AND SITE LIGHTING WEL BE IN COMPLIANCE PAIN REOUR✓aQITS SET FOWN RI THE L. l.ANOSC PPIN MI. RE IN[bL4'IJANOE LM1H THE IEC NTS ALONG ALL PENNETHi STREETS AND MRL PROMOi NEAL FRONT YAR) REQUIRED POINTS ALCMANTEUNS STREET. IAL A=poop., LEOPARS ST. FIRST ROBR PLAN (243.435 SF) SEEONO BOOR PLAN 111.1145 SFj SCALE: t' = 40 0 SCALE: T' - 404' 3 PLANNING COMMISSION FINAL REPORT Case No. 0215-01 HTE No. 15-10000006 Planning Commission Hearing Date: March 11, 2015 Applicant & Legal Description Applicant/Owner: The Salvation Army Representative: Urban Engineering Legal Description/Location: Lots 1 thru 9, Block 2, West End Addition and portion of alley, located between Antelope and Leopard Streets and between Mexico and Josephine Streets. Zoning Request From: "Cl" Intensive Commercial District To: "CI/SP" Intensive Commercial District with a Special Permit Area: 1.47 acres Purpose of Request: To allow a transitional housing facility for homeless families, women, and children, veterans and men which includes a family service center, courtyard, playground and a work therapy program. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "Cl" Intensive Commercial Vacant Medium Density Residential & Mixed Commercial North "Cl" Intensive Commercial Low Density Residential & Frontage Road Medium Density Residential & Frontage Road South "Cl" Intensive Commercial Commercial, Light Industrial & Office Mixed Commercial East "Cl" Intensive Commercial Low Density Residential & Vacant Medium Density Residential & Mixed Commercial West "Cl" Intensive Commercial Park & Vacant Park & Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Development Plan and is planned for medium density residential along Antelope Street and mixed commercial uses along Leopard Street. The proposed rezoning to the "CI/SP" Intensive Commercial with a Special Permit for a transitional housing facility is inconsistent with the mixed commercial use designation and inconsistent with the medium density residential use of up to 22 dwelling units per acre. A transitional housing facility can have a higher density than 22 dwelling units per acre. Map No.: 046045 Zoning Violations: n/a Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 300 feet of street frontage along Leopard Street, designated an "A-1" Arterial; approximately 150 feet of street frontage along Antelope Street, designated a "01" Collector; approximately 300 feet of street frontage along Mexico Street and approximately 150 feet of street frontage along Josephine Street, both designated local residential streets. Antelope Street serves as the frontage road to Interstate 37. It is expected that after the Harbor Bridge relocation using the Red Route alignment, Antelope Street would become the new gateway into the Downtown Area of the city, and the interstate would be downgraded to a possible arterial roadway. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Leopard°A1"Arterial Street N/A 95' ROW 64' paved 8,155 ADT Mexico Street Local Residential N/A 50' ROW 28' paved N/A Josephine Street Local Residential N/A 50' ROW 28' paved N/A Antelope60' Street 01 Collector N/A ROW 40' paved 825 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit to allow for a transitional housing facility that includes a family service center with playground, a veterans work therapy program, and other care and training services. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and could be considered either a Social Service Use or Group Living Use. A later UDC text amendment will be needed to better define the transitional housing use and the zoning district where it is allowed. Staff defines the transitional housing use more like as a Group Living Use with some social services provided. A Group Living Use is characterized as "Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training." Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Development Plan: The subject property is planned for an approximately 35,000 square foot, two-story, 220 -bed transitional housing facility called the Center of Hope, which will be operated by The Salvation Army and primarily used to house families, single women and veteran men who are homeless and in need of social services to Staff Report Page 3 assist their transition into permanent housing. Residents can live at the facility for up to two years. Office hours will be open 8 a.m. to 5 p.m. Monday through Friday and the Center will be open 24 hours a day, 7 days a week with secured access for those in the program and staff on-site for monitoring the residents' compliance with the Center's rules. In total, the Center of Hope will have 220 beds, a dining and kitchen area to serve only those enrolled in the non -profit's transitional housing program, an open-air courtyard, multi-purpose classroom, administrative offices, parking and a playground. Of the beds planned for the new facility, they are expected to be used for the following groups: approximately 73 percent for families, 18 percent for veterans, and 7 percent for work therapy, and 2 percent for emergency situations. The Center accepts new residents (single -men) under a 14 -day assessment period before they can be enrolled in the transitional housing programs. The Center will have 40 staff members. The Salvation Army intends to close their current facilities on Josephine Street after the new facility is constructed. Existing Land Uses & Zoning: The current use of the property is vacant. North of the subject property is Interstate 37/Antelope Street. East of the subject property are single- family dwellings and vacant properties zoned "Cl" Intensive Commercial District. South of the subject property are commercial, light industrial and office uses zoned "Cl" Intensive Commercial District. West of the subject property is Lovenskiold Park and vacant land zoned "Cl" Intensive Commercial 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 "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility is consistent with elements of the Central Business Development Plan and inconsistent with adopted Future Land Use Plan's designation of the property for Medium Density Residential uses along Antelope Street and Mixed -Use Commercial uses along Leopard Street. Additionally, the following are pertinent elements of the Central Business Development Plan and Comprehensive Plan Policy Statements should be considered: • Development Goals o Promote the Central Business Area as a thriving 24-hour, aesthetically pleasing, mixed-use and pedestrian -oriented environment in which one can live, work, play, conduct business and promote the area as an active tourist destination. • Future Land Use Element: Non -Residential Mixed Use - Non-residential mixed use land areas refer to mixed uses within a building or several buildings that do not incorporate residential uses and are located near arterials or major collectors that are intended to provide daily retail, major grocers and other conveniences to serve the local community. Non-residential mixed uses include strip mall centers. Staff Report Page 4 • Policy Statement, Land Use, LU 1.3: Ensure that development and redevelopment within the Central Business area will eliminate blighting influences of outmoded and inefficient development patterns. Create walkable, pedestrian - oriented and transit -supportive urban environment. • Policy Statement, Public Safety and Neighborhood Improvement, PSNI 1.2: Increase natural surveillance and "eyes on the street" using "Crime Prevention Through Environmental Design (CPTED)" strategies such as building doors/ entrances and windows to look out on to streets and parking areas; pedestrian - friendly sidewalks and streets; front porches; and adequate nighttime lighting. • Policy Statement, Parks and Recreation, PR 1.3: Priority shall be given to the following parks and recreational projects in the following order within the Central Business area boundaries: o Update Artesian, Retama and Lovenskiold parks by providing pedestrian plazas, park furniture, public art and special events. • Policy Statement, Urban Design, UD 1.3: Provide diversity, not homogeneity, with a variety of building types in an attractive urban environment utilizing form, color, materials, building orientation, variation in building height, placement, and siting, and by arranging buildings in irregular patterns that that are unbroken by parking lots and locating parking behind all uses for new development. • Policy Statement, Urban Design, UD 1.6: 2.) Develop the area within 1/2 mile radius of the Staples and Leopard Street CCRTA station as a Transportation -Oriented Development with pedestrian - oriented features. 4.) Require new and redeveloped parking lots to be located behind all structures, or below or above structures. • Policy Statement, Public Safety and Neighborhood Improvement, PSNI 1.5: 1.) Create a committee to address the issues and needs of the homeless in the City; plan and work towards the placement of all homeless, unemployment services, and additional social needs and services in one building, in one area. • Comprehensive Plan Policy Statements on Residential, Statement F: Encourage infill development on vacant tracts within developed areas. • Comprehensive Plan Policy Statements on Social Services (pg. 52): A. Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. B. Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be Staff Report Page 5 periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. • Comprehensive Plan Policy Statements on Economic Development (pg. 41): Revitalize the Central Business District. Plat Status: The subject property is platted. UDC Special Permit Review Criteria: In determining whether to approve, approve with conditions or deny a special permit, the applicable review bodies shall consider the following criteria according to UDC Section 3.6.3: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure such as roads, natural gas, water, storm water and wastewater systems, and on public services such as police and fire protection and solid waste collection can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses. 6. The use does conform in all other respect to regulations and standards in the UDC. 7. If located within or adjacent to a residential area, the physical appearance, hours of operation and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution or otherwise detrimentally affect the residential character. 8. The development provides ample off-street parking and loading facilities. Department Comments: • After analyzing the details of the applicant's proposed facility, Staff concluded the use is more similar to Group Living Uses and did not find that the facilities characteristics were that of a homeless shelter. • Unlike transitional housing facilities, homeless shelters and public feeding events that do not provide sufficient organizational support can create negative impacts to surrounding businesses and residents, and they can make it difficult to attract new development initiatives. • The currently adopted Comprehensive Plan and Central Business Development Plan do not provide much guidance on the location or provision of social service uses. • The re -zoning is inconsistent with the Future Land Use Plan, but it is consistent with other Comprehensive Plan and Central Business Development Plan policies. • Encouraging infill development as a policy does not imply that any use so long as it is infill is appropriate for the property to be infilled. • In accordance with Policy Statement PSNI 1.2, redevelopment of this site using pedestrian oriented design would increase natural surveillance of the area, and the Staff Report Page 6 Special Permit conditions can require the building be built with zero -setback and entrances on Leopard Street, a future proposed pedestrian corridor. • The approved site plan required with the re -zoning application does conform with the adjacent residential uses of the properties to the north, which include single- family homes. The applicant is providing adequate buffer by erecting a six-foot wall between the adjacent single-family and shelter facility, which currently are separated by an alley. • The re -zoning does not have a negative impact on the surrounding neighborhood. The applicant intends to improve a blighted, vacant piece of land by constructing an estimated $5 million social service facility, which will be designed to enhance the pedestrian corridor of the Leopard Street area by placing the facility's front door at the property line on Leopard Street (zero setback). • The Salvation Army intends to adopt the neighboring Lovenskiold Park so families with young children living in the facility have a place to play, which would improve the current condition of the park and enhance the surrounding neighborhood. Lovenskiold Park will likely be taken by the relocation of the Harbor Bridge (Red Route), so a small portion of the park will remain available for their adoption. • The Special Permit request does meet all of the review criteria required by UDC Article 3.6.3. Special Permit Conditions: In addition to compliance with the minimum UDC requirements for the "Cl" Intensive Commercial District and compliance with the site plan, the following conditions would be imposed with the granting of this Special Permit: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility in need of support services to assist their transition into permanent housing not to exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Screening: On the northern and eastern property line adjacent to the single- family uses, a 6 -foot -tall solid wall will be constructed to minimize noise and screen the back of the building. A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 4. Security: The facility located on the Property shall be monitored by staff at all times. Staff Report Page 7 5. Landscaping: Landscape requirements as outlined in the UDC need to be met for 100 percent of the property facing Antelope Street, which will become a main gateway into the city with the Harbor Bridge realignment plans. 6. Building Design: The facility's Leopard Street facade shall provide pedestrian - oriented architectural features indicating it as the main entrance into the facility. The facade of ground level non-residential uses on Leopard Street shall provide windows to create a storefront appearance that enhances the pedestrian - oriented streetscape. 7. Lighting: All lighting shall be shielded away from residential areas and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 8. Adopt -a -Park: The Owner shall enter into an Adopt -a -Park agreement with the City for Lovenskiold Park if possible. 9. Parking: Entrance to the parking lot shall be on Mexico and Antelope streets. 10. Existing Alley Way: The existing alley will remain accessible for vehicle traffic and the neighboring single-family residences which currently use the alley to access their properties. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility subject to the conditions outlined above. Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 7 outside notification area As of March 11, 2015: In Favor — 0 inside notification area — 1 outside notification area In Opposition — 5 inside notification area — 0 outside notification area Totaling 8.78% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan Staff Report Page 9 0 a 77.....i CO W W J 0 Ce CO IL LUTHER KING DR HWY286NBTOIH37RAMP BRO WNLEE FROM IN 37 RAMP IH 37 FWY 14 10 9 BROW NLEE T 7 aAM ANTELOPE ST 8 Well L£HIDlLN98Z 12 LEOPARD ST 15 0 19 MESTINA ST C -G - V. 800 2 R 13 Date Created: 2r1712015 Prepared By: Jcremym a en of Development Services CASE: 0215-01 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily RM-] Mulnilam lay a OH Professional Office RM -AT Mu hits m I ly AT CH -1 HeightrDri000l Commercial CH -2 CR -1 CR -2 CG -1 CG -2 CI CSD CR -3 FFR BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intens Iva Commercial Doymtown Commercial Resort Commercial Farm Rural Historic Oeerey Business Park 11 Light Industrial 1H Heavy Industrial PUD Planned Unit Den. Overlay RS -10 Single -Family 70 R3-0 Single -Family R313 Single -Family 1.0 RS -TF Two -Family RS -Et Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit Ry Recreational Vehicle Par( RMH Manufactured Home nrty web 2C0 buffer 4 Owners wrCun 2U0' idled on [fabled nwner/NsC teak Ownsn ers neva x��rr SUBJECT RC,PEI4TY r:evvnalD LOCATION MAP City of Copus Christi 300' - 0° 13,-6• 24'-0• 16'-6° 44'-0 9 a 4 9 ANTELOPE ST. • CHILURENS PLAYGROUND EXISTING ALLEYWAY COURTYARD VETERAN MEN HOUSING EXISTING HOUSE EXISTING L EXISTING ALLEYWAY DUMPSTER ENCLOSURE r ADMINISTRATIVE OFFICES MULTIPURPOSE CLASSROOMS SERVICE ENTRANCE DINING AND KITCHEN FADI ITIFS. ,! oe:::::::::::::::::::v:::■::::::::::::::::::::::::■M W Z W O LEOPARD ST. BUILDING ELEVATION SCALE: 1" = 40'-0" PARKING REQUIREMENTS: 1 SPACE / EMPLOYEE (20) 1 SPACE / 250 SF ADMIN (3,850 SF) TOTAL REQUIRED TOTAL PROVIDED = 20 SPACES =16 SPACES =36 SPACES =36 SPACES NOTE: BUILDING AND SITE LIGHTING WILL BE IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE UDC. LANDSCAPING WILL BE IN COMPLIANCE WITH THE UDC REQUIREMENTS ALONG ALL PERIMETER STREETS AND WILL PROVIDE 100% FRONT YARD REQUIRED POINTS ALONG ANTELOPE STREET. 6 0 TALL SOLID SCREEN WALL ROOF TERRACE FAMILY & SINGLE WOMEN HOUSING LEOPARD ST. FIRST FLOOR PLAN (20,438 SF) SECOND FLOOR PLAN (13,688 SF) SCALE: 1" = 40'-0" SCALE: 1" = 40'-0" TURNER RAMIREZ ARCHITECTS S PLANNERS AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: March 25, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Amendment to the Wastewater Collection System Master Plan CAPTION: Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating approximately 17 acres of land from the Wooldridge II Lift Station 48 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, to the Wooldridge Lift Station 61 service area as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to amend the City's wastewater master plans by allowing approximately 17 acres to be relocated from the Wooldridge II Lift Station 48 service area to the Wooldridge Lift Station 61 service area. BACKGROUND AND FINDINGS: The project site is located at the boundary between two existing sanitary sewer basins. The developer's study was limited to sewer mains between an existing sanitary sewer manhole along Rodd Field Road midway between Holly Road and Wooldridge Road and the junction structure within Wooldridge Road at the Wooldridge Lift Station 61. Three different sizes of sanitary sewer lines convey sewage from the project site to the Wooldridge Lift Station 61. The critical capacity points are located along the main line where the sizes change. The current Wastewater Collection System Master Plan shows sewer loads from the project site flowing to Lift Station 48, and Lift Station 48 pumps sewage into the Wooldridge Lift Station 61, therefore further analysis of the wastewater collection system's capacity is not necessary for this amendment. The results of the developer's analysis illustrate that directing sanitary sewer flow from the project site to Wooldridge Lift Station 61 will not adversely affect the existing downstream infrastructure, and the existing 12 -inch, 15 -inch, and 18 -inch lines have sufficient capacity to convey projected peak wastewater flows from the study area at Wooldridge Lift Station 61 without exceeding the lift station's capacity. ALTERNATIVES: Denial or alteration of the proposed amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy. DEPARTMENTAL CLEARANCES: Utilities Department Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff recommends approval of the proposed amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Developer's Request PowerPoint Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating approximately 17 acres of land from the Wooldridge II Lift Station 48 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, to the Wooldridge Lift Station 61 service area as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; providing for severance; and providing for pu blication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, and the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, and on Tuesday, April 14, 2015, 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 these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, and the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), are amended by relocating approximately 17 acres of land from the Wooldridge II Lift Station 48 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1 to the Wooldridge Lift Station 61 service area as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, and the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, as amended from time to time and except as changed by this ordinance, remain in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official as required by the City's Charter. ORD Master Sanitary Sewer Plan for the Southern Portion of the Corpus Christi, Texas 1983 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ORD Master Sanitary Sewer Plan for the Southern Portion of the Corpus Christi, Texas 1983 Page 3 of 3 at K:1 nh h �a q gg��;g� $r WVP pp q g�g W C q Sy 1 11 I z 0 x Legend — Existing Sewer Lines (Within Study Area) — Existing Sewer Lines (Outside Study Area) * Choke Point Lift Station Study Area Limits QSub -Areas Not o,Scale 4. tf • • • • Exhibit B - Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983 © 2012 City of Corpus Christi, Texas. USE AT YOUR OWN RISK. THIS DATA MAY CONTAIN INACCURACIES OR ERRORS. THE CITY OF CORPUS CHRISTI MAKES NO REPRESENTATIONS OR ANY WARRANTIES REGARDING THIS DATA. THE CITY OF CORPUS CHRISTI DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THIS DATA. Kimley>» Horn Amendment to the Wastewater Collection System Master Plan City Council April 14, 2015 Aerial Overview At N Subject Property t N N Exhibit 1 Legend - Existing Sewer Lines (wdhm Study Ares) — Existing Sewer Lines (Outsde Study Areal * Choke Point • UrtStatign Study Area Limits Q SutrAteas • ®wau,aawwant DSCIAS116 µ1.11,41.1613MMANTIGSMOI.0016 MS PAR Exhibit 1 Rodd Field Rd and Holly Rd Sanitary Sewer Kimley?»Horn 4 Exhibit 2 N Proposed wastewater line CennCClto oxi.ting manriole Remove wastewater line horn master plan 5 Kimley»>Horn MEMORANDUM To: The City of Corpus Christi From: Devan Shields Kimley-Horn and Associates, Inc. Date: January 19, 2015 Subject: Existing Sanitary Sewer Capacity — Rodd Field and Holly lor rDEVAN J. SHIELDS rte 117144 l/cEiN L-- 2441/As This memorandum is intended to provide capacity information for existing sanitary sewer lines between the intersection of Rodd Field Rd and Holly Rd and Wooldridge Lift Station 61. Projected sanitary sewer loads are provided based on assumptions relating sewer loads to existing zoning. Results of the analysis indicate that existing sanitary sewer lines along Rodd Field Road and Wooldridge Road have sufficient capacity to convey sewer loads from the study area without surcharging. Questions or comments regarding this information should be directed to Devan Shields. kirrmfey-horn.com 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 817-335-6511 Kimley»>Horn INTENT Page 2 The intent of this memorandum is to evaluate the capacity of existing sanitary sewer lines between the intersection of Rodd Field Road and Holly Road and Wooldridge Lift Station 61, as shown in Figure 1. The evaluation is being performed to determine whether existing lines here have sufficient capacity to accept flows from a proposed development southeast of the above referenced intersection (project site). The project site includes 17.5 acres of proposed commercial development. The City of Corpus Christi (City) has requested that this analysis be performed as grounds to deviate from the 2014 amendment to the Wastewater Collection System Master Plan that shows loads from the project site being conveyed southeast to Wooldridge II Lift Station 48, and instead route wastewater flows from the project site northwest through existing gravity lines to Wooldridge Lift Station 61. kimley-horn.com Figure 1: Project Location Map 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 817-335-6511 Kimley»>Horn EXISTING SYSTEM LAYOUT Page The project site is located at the boundary between two existing sanitary sewer basins. This study was limited to sewer mains between an existing sanitary sewer manhole along Rodd Field Road mid- way between Holly Road and Wooldridge Road and the junction structure within Wooldridge Road at Wooldridge Lift Station 61. Existing system information was provided to Kimley-Horn by the City in the form of GIS shapefiles. Kimley-Horn utilized data from these files in determining existing system layout and capacity. ANALYSIS Three different sanitary sewer main sizes convey flows from the project site to Wooldridge Lift Station 61. The critical capacity points are locations along the main where the line size changes. Peak loads are evaluated and compared with capacity in the smaller line at these locations, which are referred to further in this memorandum as choke points. These locations are indicated in the attached Exhibit 1, and include the following: • Choke Point 1: The transition between a 12 -inch sewer main to the southeast and a 15 -inch sewer main to the northwest along Wooldridge Road near Gentle Wind Avenue. • Choke Point 2: The transition between a 15 -inch sewer main to the southeast and an 18 -inch sewer main to the northwest along Wooldridge Road near Bay Wind Drive. • Choke Point 3: The connection of the 18 -inch sewer main to the junction structure outside Wooldridge Lift Station 61 northwest of Wool Drive along Wooldridge Road. Because the 2014 Wastewater Collection System Master Plan Amendment shows sewer loads from the project site draining to Wooldridge II Lift Station 48 and Wooldridge II Lift Station 48 pumps into Wooldridge Lift Station 61, further capacity analysis of the wastewater collection system is not necessary in this study. Average sanitary sewer load assumptions based on existing zoning correlated with those used in the City's Wastewater Collection System Master Plan documents, and include: • Zones RS -1, RS -4.5, RS -6, and RS -TF: 1,400 gallons/day/acre • Zones RM -1 and RM -3: 3,500 gallons/day/acre • Zones CN -1, CN -2, and CG -2: 900 gallons/day/acre • Zones FR and PUD: 700 gallons/day/acre • Zone ON: 1,100 gallons/day/acre • Zone IL: 1,800 gallons/day/acre kimley-horn.com 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 817-335-6511 Kimley>»Horn Page 4 Service populations are based on zoning and projected loads, with an assumed loading rate of 75 gallons/day for each person. Exhibit 1 outlines the study area, shows the location of the project site, and breaks down the study area into 10 sub -areas. Composition of the sub -areas with regards to zoning, service area, service population, and average wastewater yield is shown in the Appendix. Sewer line capacity is assumed to be the normal flow calculated using Manning's Equation with an n value of 0.013, with the pipe flowing full at the Texas Commission on Environmental Quality (TCEQ) minimum slope as stated in Chapter 217/317 for each pipe size (see Appendix). Peaking factors are determined by Harmon's peaking factor equation. Choke Point 1 Choke Point 1, as shown on Exhibit 1, is the section of 12 -inch sewer line directly upstream of the transition to the 15 -inch line. Wastewater loads for Choke Point 1 include the Project Site, which is an area of 17.5 acres zoned for commercial use. This area includes a proposed 5.30 acre supermarket site with a projected average yield of 1,100 gallons/day. Wastewater loads for Choke Point 1 also include sub -areas 9 and 10. Total average wastewater yield for this choke point is 0.11 million gallons/day (MGD), with a peak hour flow of 0.40 MGD. Capacity of a 12 -inch sewer line at the TCEQ minimum slope for a 12 -inch line of 0.20% is 1.03 MGD, so the existing 12 -inch line has enough capacity for the proposed wastewater loads shown here without surcharging. Table 1 shows details for Choke Point 1, as well as for Choke Points 2 and 3. kimley-horn.com 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 817-335-6511 Kimley>»Horn Table 1 -Choke Point Flow Rates Page Choke Point Sub -Area Service Area Service Population Average Wastewater Yield Peak Factor Peak Hr Design Flow (ft2) (acres) (gpm) (MGD) (gpm) (MGD) 1 Project Site 753,900 17.30 159 1 0.01 3.69 31 0.04 10 1,194,902 27.43 428 22 0.03 122 0.18 9 2,264,106 51.98 867 45 0.07 166 0.24 Total 4,212,908 96.71 1,454 76 0.11 279 0.40 2 Choke Point 1 4,212,908 96.71 1,454 76 0.11 3.13 237 0.34 8 2,987,790 68.59 1,630 85 0.12 266 0.38 7 957,050 21.97 381 20 0.03 62 0.09 6 2,201,290 50.53 731 38 0.05 119 0.17 5 412,070 9.46 177 9 0.01 29 0.04 4 1,186,614 27.24 502 26 0.04 82 0.12 3 1,109,900 25.48 279 15 0.02 45 0.07 2 2,793,974 64.14 1,412 74 0.11 230 0.33 Total 15,861,596 364.13 6,565 342 0.49 1071 1.54 3 Choke Point 2 15,861,596 364.13 6,565 342 0.49 3.11 1064 1.53 1 979,715 22.49 368 19 0.03 60 0.09 Total 16,841,311 386.62 6,933 361 0.52 1123 1.62 ft2 - square feet gpm - gallons per minute Hr - hour Choke Point 2 Choke Point 2, as shown on Exhibit 1, is the section of 15 -inch sewer line directly upstream of the transition to the 18 -inch line. Wastewater loads for Choke Point 2 consist of the wastewater loads for Choke Point 1 plus those from sub -areas 2 through 8. Total average wastewater yield for this choke point is 0.49 MGD, with a peak hour flow of 1.54 MGD. Capacity of a 15 -inch sewer line at the TCEQ minimum slope for a 15 -inch line of 0.15% is 1.62 MGD, so the existing 15 -inch line has enough capacity for the proposed wastewater loads shown here without surcharging. kimley-horn.com 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 817-335-6511 Kimley»>Horn Choke Point 3 Page 6 Choke Point 3, as shown on Exhibit 1, is the section of 18 -inch sewer line directly upstream of the junction structure outside Wooldridge Lift Station 61. Wastewater loads for Choke Point 3 consist of the wastewater loads for Choke Point 2 plus those from sub -area 1. Total average wastewater yield for this choke point is 0.52 MGD, with a peak hour flow of 1.62 MGD. Capacity of an 18 -inch sewer line at the TCEQ minimum slope for an 18 -inch line of 0.11% is 2.25 MGD, so the existing 18 -inch line has enough capacity for the proposed wastewater loads shown here without surcharging. CONCLUSION The results of the analysis illustrate that the addition of wastewater flows from the project site will not adversely affect current service conditions in the existing system, and that based on current zoning the existing 12-, 15-, and 18 -inch lines have sufficient capacity to convey projected peak wastewater flows from the study area at build -out to Wooldridge Lift Station 61 without surcharging. The point at which the projected peak flows come closest to existing line capacity is the 15 -inch sewer line between Windblown Drive and the transition to an 18 -inch main southeast of Bay Wind Drive along Wooldridge Road. Projected flows from the project site have a minimal impact on this condition, with an average projected sewer load of 1,100 gallons per day for the 5.30 acre site, or about 210 gallons/day/acre compared with the general commercial assumption of 900 gallons/day/acre. The projected flow rate is significantly impacted by large areas within sub -areas 2 and 8 zoned for multifamily development which are undeveloped at this time. kimley-horn.com 801 Cherry Street, Unit 11, Suite 950, Ft. Worth, TX 76102 817-335-6511 APPENDIX Legend �{ Choke Point Lift Station Sub -Areas A Exhibit 1 Rodd Field Rd and Holly Rd Sanitary Sewer Kimley>»Horn Sub -Area Zoning Composition Sub -Area Zoning Classification Service Area Service Population Average Wastewater Yield (ft2) (acres) (gpm) (mgd) 1 CN -1 229,771 5.28 63 3.3 0.0047 CN -2 109,000 2.50 30 1.6 0.0023 FR 1,197 0.03 0 0.0 0.0000 RS -6 639,747 14.69 274 14.3 0.0206 2 CG -2 970,074 22.27 267 13.9 0.0200 CN -1 74,146 1.70 20 1.1 0.0015 FR 380 0.01 0 0.0 0.0000 ON 164,615 3.78 55 2.9 0.0042 PUD 84,902 1.95 18 0.9 0.0014 RM -1 586,193 13.46 628 32.7 0.0471 RM -3 47,897 1.10 51 2.7 0.0039 RS -6 822,005 18.87 352 18.3 0.0264 RS -TF 43,762 1.01 19 1.0 0.0014 3 CG -2 129,963 2.98 36 1.9 0.0027 CN -2 462 0.01 0 0.0 0.0000 FR 835,895 19.19 179 9.3 0.0134 ON 4,408 0.10 1 0.1 0.0001 RM -1 4,349 0.10 5 0.2 0.0004 RS -4.5 14,262 0.33 6 0.3 0.0005 RS -6 120,560 2.77 52 2.7 0.0039 4 FR 37,565 0.86 8 0.4 0.0006 PUD 311 0.01 0 0.0 0.0000 RM -1 2,412 0.06 3 0.1 0.0002 RS -4.5 266,005 6.11 114 5.9 0.0085 RS -6 880,321 20.21 377 19.6 0.0283 5 FR 26 0.00 0 0.0 0.0000 RS -6 412,044 9.46 177 9.2 0.0132 6 FR 985,935 22.63 211 11.0 0.0158 IL 57 0.00 0 0.0 0.0000 ON 6,148 0.14 2 0.1 0.0002 RS -6 1,209,148 27.76 518 27.0 0.0389 7 FR 45,166 1.04 10 0.5 0.0007 IL 3,264 0.08 2 0.1 0.0001 Sub -Area Zoning Composition (cont'd) Sub Area Zoning Classification Service Area Service Population Average Wastewater Yield (ft2) (acres) (gpm) (mgd) 7 PUD 93,089 2.14 20 1.0 0.0015 RS -6 815,531 18.72 349 18.2 0.0262 8 CG -2 390,701 8.97 108 5.6 0.0081 CN -1 418,178 9.60 115 6.0 0.0086 FR 136,089 3.12 29 1.5 0.0022 RM -1 781,647 17.94 837 43.6 0.0628 RS -6 1,261,175 28.95 540 28.1 0.0405 9 CG -2 448,948 10.31 124 6.4 0.0093 CN -1 57,978 1.33 16 0.8 0.0012 FR 13,891 0.32 3 0.2 0.0002 IL 242,176 5.56 133 7.0 0.0100 ON 569,908 13.08 192 10.0 0.0144 RS -6 931,204 21.38 399 20.8 0.0299 10 CN -1 432,867 9.94 119 6.2 0.0089 FR 83,098 1.91 18 0.9 0.0013 RS -4.5 678,938 15.59 291 15.2 0.0218 PROJECT SITE (CG -2) 753,900 17.31 159 8.3 0.0119 TCEQ Maximum/Minimum Pipe Slopes by Size Size of Pipe (inches) Minimum Slope (%) Maximum Slope (%) 6 0.5 12.35 8 0.33 8.4 10 0.25 6.23 12 0.2 4.88 15 0.15 3.62 18 0.11 2.83 21 0.09 2.3 24 0.08 1.93 27 0.06 1.65 30 0.055 1.43 33 0.05 1.26 36 0.045 1.12 39 0.04 1.01 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 14, 2015 Second Reading Ordinance for the City Council Meeting of April 21, 2015 DATE: TO: March 27, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2605 Appropriating funds from the back filing of E911 fees from Vonage CAPTION: Ordinance appropriating $39,533.05 in General Fund No. 1020 from the back filing of E911 fees from Vonage; and changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures in the General Fund No. 1020 by $39,533.05 each. PURPOSE: Appropriate the funds for use by the Police Department for purchase of equipment. BACKGROUND AND FINDINGS: During a routine audit conducted by the Police Department, it was found that Vonage was not submitting their wireline service fees to the City of Corpus Christi. Vonage was contacted to complete their own audit for the previous five years. After completion, they found they were providing the City of Corpus Christi's 9-1-1 fees to wrong entities. They reported the back pay to be $39,533.05 and have provided us with a settlement check. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 39,533.05 39,533.05 BALANCE 39,533.05 39,533.05 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $39,533.05 in General Fund No. 1020 from the back filing of E911 fees from Vonage; and changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures in the General Fund No. 1020 by $39,533.05 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $39,533.05 from the back filing of E911 fees from Vonage is appropriated in the General Fund No. 1020. SECTION 2. The FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 is amended by increasing revenue and expenditures by $39,533.05 each. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 14, 2015 Second Reading Ordinance for the City Council Meeting of April 28, 2015 DATE: March 31, 2015 TO: Ronald L. Olson, City Manager FROM: Captain David Blackmon, Corpus Christi Police Department — Code Enforcement Division DavidBl@cctexas.com 361-826-2691 Adoption of the Corpus Christi Property Maintenance Code (CCPMC) and approving licensing agreement with the International Code Council CAPTION: Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the adoption of the Southern Standards Housing Code, 1973 Edition and to adopt the Corpus Christi Property Maintenance Code; amending Chapter 13, Article II to extend the time to appeal Building Standard Board decisions and allow for the recoupment of title search expenses; amending Chapter 13, Article II, Division II to modify the definition and procedures for junk vehicles; amending §13-3002 to add the definition of hearing officer; repealing Chapter 13, Article IV in its entirety; repealing in its entirety Ordinance No. 12826 regarding fire breaks; authorizing the City Manager or his designee to execute a licensing agreement with the International Code Council for copyright use of the International Property Maintenance Code; providing for severance; providing for penalties; providing for publication; and providing for effective date. PURPOSE: The provisions of the Corpus Christi Property Maintenance Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. BACKGROUND AND FINDINGS: This Property Maintenance Code is based on the International Property Maintenance Code, 2009 edition, as published by the International Code Council, Inc., but has been modified to reflect local conditions and traditional local requirements of the City of Corpus Christi. Code Enforcement Management decided to proceed with the adoption of the 2009, as opposed to the most recent 2012 version, as all other International Codes presently adopted by the City of Corpus Christi are the 2009 versions. The Development Services Department advised that the Corpus Christi Technical Codes, which include all building related International Codes with local amendments, will be updated to the 2012 versions in the next eighteen months. At that time Code Enforcement will update the CCPMC as well. This Code provides short, concise statements outlining its requirements in language that is understandable and easy to apply. The current standards codes being used for property maintenance is the 1973 Edition of the Southern Standard Building and Housing Code which is antiquated. Since the city currently uses various modern adopted codes it would be suffice to implement a user friendly property maintenance ordinance that will have an accessible format that will be incorporated with other City codes. Adoption of the Corpus Christi Property Maintenance Code will strengthen and clarify existing minimum property maintenance requirements intended to continually ensure the public health, safety and welfare of our community. ALTERNATIVES: Denial or alteration of the proposed property maintenance code. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed property maintenance code conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency; Ordinance requires two readings; 14 -day delay between 1st and 2nd readings. DEPARTMENTAL CLEARANCES: Police Department Fire Department Development Services Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Code Enforcement Staff recommends approval of the proposed property maintenance code. LIST OF SUPPORTING DOCUMENTS: Please access the link below to view the proposed Corpus Christi Property Maintenance Code: http://www.cctexas.com/Assets/Departments/Police/Code- Enforcement/files/CouncilExhA CCPMC Fin alDraftvACM.PDF Corpus Christi Property Maintenance Code (CCPMC) - This document contains ICC copyrighted work and may not be printed. The information contained in the CCPMC is developed from the copyrighted 2009 International Property Maintenance Code and is reproduced with ICC's permission. ALL RIGHTS RESERVED. This City of Corpus Christi Property Maintenance Code, contains substantial copyrighted material from the 2009 International Property Maintenance Code, which is a copyrighted work owned by the International Code Council, Inc. and which has been reproduced by the City of Corpus Christi with the written permission of the International Code Council. Without advance written permission from the copyright owner, the ICC portion of this book may not be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1 -888 -ICC -SAFE (422-7233). The codes and standards referenced in this Property Maintenance Code shall be those that are listed in Chapter 8 and considered part of the requirements of this Property Maintenance Code to the prescribed extent of each such reference. Where differences occur between provisions of this Property Maintenance Code and the referenced standards, the provision of this Property Maintenance Code shall apply. City of Corpus Christi / ICC Licensing Agreement Ordinance — Adopting CCPMC — 2015.pdf Comparison Table — Proposed CCPMC & Existing Southern Standard Housing Code Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the adoption of the Southern Standards Housing Code, 1973 Edition and to adopt the Corpus Christi Property Maintenance Code; amending Chapter 13, Article II to extend the time to appeal Building Standard Board decisions and allow for the recoupment of title search expenses; amending Chapter 13, Article II, Division II to modify the definition and procedures for junk vehicles; amending §13-3002 to add the definition of hearing officer; repealing Chapter 13, Article IV in its entirety; repealing in its entirety Ordinance No. 12826 regarding fire breaks; authorizing the City Manager or his designee to execute a licensing agreement with the International Code Council for copyright use of the International Property Maintenance Code; providing for severance; providing for penalties; providing for publication; and providing for effective date. WHEREAS, the City Council desires to provide a uniform and updated minimum property standards code for the City of Corpus Christi by incorporating the "Corpus Christi Property Maintenance Code" into the Corpus Christi Code of Ordinances; WHEREAS, in order to properly incorporate the Corpus Christi Property Maintenance Code, it is desired that amendments be made to §13-20 et seq of Chapter 13 of the Corpus Christi Code at Article II Building and Housing Standards Code, Division I, which in pertinent part repeals the adoption of Chapters II and III of the 1973 Edition of the Southern Standards Housing Code as the minimum property maintenance code for the City and adopts the Corpus Christi Property Maintenance Code as the minimum property maintenance code for the City; WHEREAS, it is desired that amendments be made to §13-38 et seq of Chapter 13 of the Corpus Christi Code at Article II Building and Housing Standards Code, Division II, Junked Vehicles, to include watercraft and aircraft in accordance with laws of the State of Texas; WHEREAS, it is desired that amendments be made to §13-3002, the definition section of Chapter 13, of the City Code, Article III Vacant Buildings; WHEREAS, it is desired that §13-4001 et seq, Chapter 13 of the City Code at Article IV Downtown Vacant Buildings, be repealed as §13-3001 et seq, Chapter 13 of the Corpus Christi Code at Article III Vacant Buildings, provides uniform and updated standards in association with the Corpus Christi Property Maintenance Code; WHEREAS, Ordinance No. 12826 adopted in 1975 regarding fire breaks was never incorporated into the Corpus Christi Code. As uniform and updated standards are to be incorporated into the Corpus Christi Property Maintenance Code, it is desired that Ordinance No. 12826 be repealed; Page 1 of 38 WHEREAS, the Corpus Christi Property Maintenance Code will contain substantial copyrighted material from the 2009 International Property Maintenance Code (IPMC) which is copyrighted work owned by the International Code Council (ICC) and in order to be reproduced by the City, written permission of the ICC is required. Accordingly, it is desired that the City Manager or his designee be authorized to execute a licensing agreement with the ICC for copyright use of the IPMC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS that: SECTION 1: The Corpus Christi Code, §13-20 et seq of Chapter 13, Article II Building and Housing Standards Code, Division 1, entitled "Generally", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below, therein in pertinent part, repealing the adoption of Chapters II and III of the 1973 Edition of the Southern Standards Housing Code as the minimum property maintenance code for the City and adopting the Corpus Christi Property Maintenance Code as the minimum property maintenance code for the City, in the form incorporated and as posted online at http://www.cctexas.com/Assets/Departments/Police/Code- Enforcement/files/CouncilExhA CCPMC FinalDraftvACM.PDF since March 24, 2015: "CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS, AND NEIGHBORHOOD IMPROVEMENT ARTICLE II. MAINTENANCE CODE DIVISION 1. GENERALLY CORPUS CHRISTI PROPERTY Sec. 13-20. Short titic; scope Adoption of the Corpus Christi Property Maintenance Code. The Corpus Christi Property Maintenance Code is hereby adopted as the minimum property maintenance code for the City. A copy of the adopted code is on file with the City Secretary's Office. (a)The provisions embraced within this article shall conctitutc and be known and may be II (b)This code is hereby declared to be remedial and shall be conctrucd to cecurc thc beneficial interests and purposes thereof which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation and safety to life and property, prevention of fire and othcr hazards incidcnt to thc structures. Page 2 of 38 Sec. 13 21 Applicability. (a)Th+s code shall apply to the buildings, structures, substructures or otherwise herein mentioned and shall be administered in conjunction with other codes. {1 )Every building or structure used in whole or in part as a dwelling unit or multiplc dwelling, or as a rooming house, shall conform to thc rcquircmcnts of this codc irrespective of the primary use of such buildings d ecpective of when such (2)This code establishes minimum standards for occupancy and docs not replacc or modify standards otherwise established for construction, replacement or repair of buildings except such as are -less restrictive than the provisions of this code. (3)This code shall cover all unsafe buildings whether vacant or used for human habitation, or used for some other purpose. cquipmcnt, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. (c)The provisions of this code shall apply to any building or structure irrespective of maintained in a safe and sanitary condition. All devices or safeguards which are required working order. (e)No provision of this code shall be held to deprive any federal or state agency or any municipal authority having jurisdiction of any power or authority which it had on thc orders, nor shall it deprive any individual or corporation of its legal rights as provided by amended, mayor and the city secretary and made a public record by this section is on file in thc city secretary's office) is hereby adopted as part of the building and housing standard definitions in Chapter II apply to all buildings as defined in said chaptcr and to makc Chapter III therein relating to minimum standards applicable to dwellings and Page 3 of 38 Section 302. Minimum requirements for light and ventilation, is amended by reading as follows: Lights in the kitchen and bathroom shall be controlled with proper wall switches. Section 304. General requirements for exterior and interior of s following phrase shall be added after all clauses where "dwelling building" app rs: "and/or any other structure." Section 304.2. Exterior walls. The exterior walls shall be substantially and be maintained to the extent that the material -is in sound condition. Where the building or part thereof is of pier construction, the siding shall be a minimum of six (6) inches above grade. Section 304.16. Interior floor, walls and ceilings, is hereby amended to hereafter read as follows: Section 304.16. Every floor, interior wall and ceiling shall be substantially under normal use. Bathroom floor and walls around tub and shower shall have a water resistant surface. Section 304 is hereby amended by adding a new subsection: Section 304.19. Kitchen requirements. Each living unit shall have a specific kitchen space which contains a sink with counter work space, not less than thirty (30) square feet of shelving refrigeration equipment. Section 308.2 and section 308.3 are hereby deleted. Sec. 13-21 23. Establishment of organization to enforce article -Corpus Christi Property Maintenance Code; code official and building standards board. (a)There is hereby established in the city an organization for the enforcement of this code the Corpus Christi Property Maintenance Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, consisting of (1) a building standards board, and (2) the office of the code enforcement division. official and/or his duly authorized reprcsentativc. (1) Building standards board. (i) There is hereby created a building standards board hereinafter referred to as "the board" to be composed of seven (7) members, each of whom shall be a resident of the city. Such board shall be composed of one Page 4 of 38 lawyer, and three (3) members chosen from the following: A realtor, an architect, an engineer, a general contractor, a home builder or a building materials dealer; and three (3) members at large from the residents of the city who are homeowners. This board shall be appointed by the city council. (ii) Of the members first appointed, three (3) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, and thereafter they shall be appointed for terms of three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. The unexcused absence of any member from three (3) consecutive official meetings of the board shall automatically terminate his membership on the board. (iii) Four (4) members of the board shall constitute a quorum. In varying the application of any provisions of this code or in making any decision, affirmative votes of the majority present, but not less than four (4) affirmative votes, shall be required. No board member shall act in a case in which he has a personal interest. (iv) The board shall establish rules and regulations for its own procedure, not inconsistent with the provisions of this code. The board shall meet at regular intervals to be determined by the chairman, and shall meet for such hearings as are required to be held upon complaints filed by the official and for such hearings as are requested in writing by a citizen whose property is, or may be, affected adversely by the application of any provisions of this code. (2) The office of the code enforcement division is created and established in accordance with the provisions of §103 of the Corpus Christi Property Maintenance Code, wherein the director of the code enforcement division, or such other city officer or employee as the City Manager may designate in writing, shall be known as the code enforcement official, hereinafter the "code official". There is hereby created the office of the official and the holder of said office will be thc director of neighborhood improvement or such other city officer or employee as the city manager may designate in writing and the designation filed in the office of the city secretary. (b) No employee connected with the organization shall be financially interested in thc maintenance of a building of which he is not the sole or part owner or in the making Page 5 of 38 of plans or of specifications therefor. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the organization. Sec. 13 24. Power& and d ties of official (a)The official shall kccp or ca6sc to be kept a rccord of the business of this officc. The records of the office of the official shall be open to public inspection. (b)The official shall enforce the provisions of this codc. He shall make or cause to be made, inspections to determine the condition of the buildings, dwellings, dwelling units, rooming units and premises in the interest of safeguarding the h alth and safety of thc making such inspection the official or his agent shall have the authority, upon apartment house or premises, during all r-onable hours. In cases of emergency wherc property damage, no request is necessary. In either case entry may be requested at any reasonable time. In the event of refusal, he shall use any lawful means to obtain entry and inspect the premises. (c)If a building, premises or property is unoccupied, vacant, or otherwise uninhabited by huma-hs, but which is otherwise open and may be entered by derelicts, vagrars or children, the official shall have the same power of inspection as aforementioned, including the right of inspection without requesting permission of the owner or other prevent any occupancy of the building, premises or property for human use or habitation, or any other use. {d)It shall be the duty of the official or his designated representative to inspect all buildings or structures reported to be or believed to be substandard. He shall make a record of every such inspection and of all violationsof this code. (e)Any requirement, not specifically covered by this code, found necessary for thc determined by the official subject to appeal to the building standards board. (f)Neither the city nor any authorized agent acting under the term- article in thc discharge -of -his duties shall be liable or have any liability by reason of orders issued or work done in compliance with the term^ article. Sec. 13 25. All buildings or structures which have any or all of the following defects or lack of faGTh4ie€ shall be deem d-substand {1) All buildings or structure conformity wi h this code. Page 6 of 38 {2) All buildings or structures which have pit privies where the same are not permitted by law or which are not connected to the city sewer when required by taw, or where inadequatc and unsanitary pit privies or septic tanks exist. {3) All buildings or structures that have become deteriorated through accident or lack of repair or natural cauccs or by damage through exposure to the elements, especially winds, hail or rain, or damage through fire to the extent that the roof, windows and doors or portions of the building or structure which protect from the weather will no longer protect from the weather. {'I) All buildings or structures which constitute or in which are maintained firo hazards as that term is defined in the fire prevention code of the city. {5) All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected to withstand winds of hurricanc force. {6) All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety, including all conditions conducivc to thc harboring of rats or mice or other disease carrying animals or insects reasonably calculated to spread disease and including such conditions hazardous to safety as inadequate bracing or the use of deteriorated materials. {7) All buildings or structures, whether or not in use, which are unsafe, unsanitary, unfit for human habitation, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to the existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, ebsolcsccnce or abandonmcnt arc unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with thc des set forth in this code. Sec. 13-22 26 . Procedure for eliminating substandard conditions. (A) Notification Notice of violation. Whenever the code official determines that there are reasonable grounds to believe that there has been or continues to be a violation of any provision of this code the Corpus Christi Property Maintenance Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, he shall give notice of such alleged violation to the owner of the property as per a method enumerated in subsection {0) (D) below. Such notice shall: (1) Be in writing. (2) State the nature of the violation or violations. Page 7 of 38 (3) State the violation provision or provisions of this codc the Corpus Christi Property Maintenance Code or any other relevant code of the city that is being violated and why the notice is being issued. (4) State the penalty and penalty provision of this code the Corpus Christi Property Maintenance Code or any other relevant code of the city. (5) State that the code official will take further action pursuant to the building standards Corpus Christi Property Maintenance Code code if the violation is not cured within thirty (30) 30 days of receipt of the notice specified in this subsection. Oj Include a description of the real property sufficient for identification (7) Inform property owner of the name and phone number of the code official or designee. (8) When a notice is provided under this section, the code official may inform the owner that if the owner commits another violation of the same subsection of this code on or before the first anniversary of the date of the notice, the City, without further notice, may proceed with the prosecution of said violation. (B) Notification of hearing Action upon failure to comply with notice. Whenever the owner, after notification as per subsection (A), informs the code official that he refuses to voluntarily comply with the requirements of this codc the Corpus Christi Property Maintenance Code or to voluntarily cure the defect or defects brought to his attention by the code official, or whenever the alleged violation or violations are not cured within t y {-3-e4 30 days of receipt of the notice described in subsection (A), or within such further time as may be agreed between the code official and the owner or occupant, or whenever the notice pursuant to subsection (A) is given as per the method enumerated in subsection {C-} (D) (3),, and thirty (30) 30 days have elapsed from the date of first publication, the code official: may May proceed to enforce the penalty provision of this section or the Corpus Christi Property Maintenance Code in municipal court;, and, jaltcrnatively Alternatively or additionally, the code official shall present a complaint to the building standards board. (C) Building standard board procedure. Upon presentation of a complaint by the code official, the The board shall hold a hearing upon the complaint not less than ten (10) 10 days nor more than forty five 0 5) 45 days after the complaint is filed with the chairman, and the code official shall give reasonable notice of at least ten (10) 10 days, as per a method enumerated in subsection {C-} (D) below, of said hearing, to the owner, and, if Page 8 of 38 the premises are to be vacated, to the occupant, if different from the owner. Such notice of the board hearing shall: (1) Be in writing. (2) State the time, date, and place of the hearing. (3) State the nature of the violation or violations. (4) State the violation provision or provisions of this codc the Corpus Christi Property Maintenance Code or of any other relevant code of the city that is being violated. (5) State the remedy to be sought at the hearing by the code official. (6) State that the owner, or the occupant, if the premises are to be vacated, shall come before the board at the hearing and show cause why the remedy to be sought by the code official should not be granted. (7) Include a description of the real property sufficient for identification. (8) Inform property owner of the right to appeal. (9) Include a statement of the City's right to file a lien. The city may hire a professional for the purpose of determining the identity and address of a property owner, lienholder, mortgagee, or other person or entity with an interest in the property, to which the city is required to give notice under this section. The city has the power to cause the expense thereof to be assessed on the real estate of the lot or lots upon which such expense is incurred on filing with the county clerk of Nueces County a statement by the mayor, city health officer, or the code official of the city, of such expenses. The city shall have a lien thereon to secure the expenditure so made and ten (10) per cent interest on the amount from the date of such payment. For such expenditures and interest, as aforesaid, suit may be instituted in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in such work. {0) (D) Method of notice. Service of any notice required by this code article or the Corpus Christi Property Maintenance Code shall be accomplished by any of the following enumerated methods: (1) By delivery to the owner or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion: or (2) By depositing the notice in the United States post office by certified mail, return receipt requested, addressed to the owner, agent, or person in control of said structure or premises at his last known address, postage prepaid thereon; or Page 9 of 38 (3) Where the owner is unknown or his whereabouts is unknown, or where service of notice has failed under subsections (1) and (2), by an official notice in a generally circulated and recognized Corpus Christi newspaper, to be published twice within a ten-day period. (4) If the notice is returned showing that the letter was not delivered or unclaimed, a copy thereof shall be posted in a conspicuous place on the front door of each improvement situated on the affected property or as close to the front door as practicable. The original letter which was not delivered or unclaimed shall be kept on file in the Code Enforcement Division. {D) (E) The provisions of subsection (B) do not preclude a person who has received notice under subsection (A) from requesting and receiving a hearing before the board under subsection (C) prior to, or instead of, a complaint being filed by the code official. Said request shall be in writing and directed to the chairman of the building standards board. A hearing requested under this subsection shall be held as soon as possible and in any event no later than thirty (30) 30 days from date written request for hearing is received by the chairman. (E) (F) Provision for emergency. Notwithstanding the foregoing provisions of this section, when a structure or premises, or the manner of its use constitutes an immediate and serious danger to human life or health or to property, emergency measures may be taken by the code official, in accordance with §109 of the Corpus Christi Property Maintenance Code as follows: He may promptly cause such ctructurc or promises to be made safe or removed. For thiese, he may at once enter such structure or premises, or abutting land or structures, with such ascictancc and at such cost a., he rnay deem necessary in the circumstances. He may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, private way. (F)(G) Building codc Technical Construction Codes applicable. Where a structure or premises is requested or ordered, after hearing, to be repaired pursuant to this code or the Corpus Christi Property Maintenance Code, such repair, rehabilitation or restoration shall become subject to the provisions of Ordinance No. 1260/1 the Technical Construction Codes, found at §14-201 et seq of this City Code, known as "the Building Code" as such provisions pertain to the repair of existing buildings, including but not restricted to the requirement of obtaining a permit from the building official under said building code. (G) (H) Hearings and orders. Page 10 of 38 (1)The following decisions may be made by the building standards board upon the hearing in ordering the repair, vacation, or demolition of any building or structure: (a) If the substandard building or structure can reasonably be repaired so as to be in compliance with this code or the Corpus Christi Property Maintenance Code, it shall be ordered repaired within thirty (30) 30 days, or such longer time period as the board may decide in the circumstances. Such order must state that the repairs be in compliance with section 13- 26{F)a. (b) If the substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, it shall be ordered to be vacated within a prescribed time and shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code or the Corpus Christi Property Maintenance Code, within thirty (30) 30 days or such longer time period as the board may decide in the circumstances at the hearing. (c) If the structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, it shall be ordered removed or demolished and removed from the premises within thirty (30) 30 days or such longer time period as the board may decide in the circumstances at the hearing. The board's decision shall be in writing and shall indicate the vote upon it. Every decision shall be promptly filed in the office of the code official and shall be open to public inspection; notice of their decision shall be sent as per section 13-26{x} (D) and a copy of said notice shall be kept posted in the office of the code official for two (2) weeks after filing. The board shall in every case reach a decision without unreasonable or unnecessary delay. (2) If, after the decision of the board as per (a) above, to either repair, rehabilitate, remove or demolish any building or structure, the owner refuses or fails to comply with the decision of the board within thirty (30) 30 days of the date of the board's decision, or such longer time period as the board may have allowed at the hearing, or within such extension of time as may be authorized by the board in writing pursuant to section 13-27 below, the code official may repair or demolish such building or structure and clean up the premises and remove all related debris by doing work itself or causing the work to be done and pay therefor, and shall charge the expenses incurred in doing or having such work done to the owner of such property as herein provided. The city, in addition to the foregoing remedy, has the power to cause the expense thereof to be assessed on the real estate of Page 11 of 38 the lot or lots upon which such expense is incurred on filing with the county clerk of Nueces County a statement by the mayor, city health officer, or the code official of the city, of such expenses. The city shall have a lien thereon to secure the expenditure so made and ten (10) per cent interest on the amount from the date of such payment. For such expenditures and interest, as aforesaid, suit may be instituted in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in such work. The city may punish any owner or occupant or interested party for violating the provisions of this code, ordinances and regulations of the city by such proceedings and penalties as are provided for criminal actions. Sec. 13-23 27. Hardships. Where the literal application of the requirements of this code or the Corpus Christi Property Maintenance Code would cause undue hardship, exception may be granted by the board at the hearing held. Such exception shall be made in writing and only when it is clearly evident that reasonable safety and sanitation is assured, and such exception shall be conditioned in such manner as to achieve that end. Such conditions may include restrictions not generally specified by this code or the Corpus Christi Property Maintenance Code.. Exception granted in accordance with this subsection may be subject to review by the city council. Sec. 13-24 28. Appeals. (a) Whenever it is claimed that the decision of the building standards board is erroneous, or that the decision of the board would cause undue hardship, the owner or occupant, or his duly authorized agent, may appeal from the decision of the board to the city council. The decision of the board is final unless notice of appeal to the city council is given. Notice of appeal from the decision of the board shall be in writing and filed with the city secretary within fifteen (15) days after the date of written decision rendered by the board 30 days from the rendition of the decision of the board. The appeal shall state specifically the error alleged to have been committed by the board. (b) When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. Page 12 of 38 (1) A decision of the city council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the code official shall immediately take action in accordance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) 15 days from the date on which the decision of the city council was rendered. Sec. 13 29. Penalty. {a) Any person who shall willfully refuse or fail to leave a building which has been ordered vacated under the terms hie article or who shall enter a building which has been ordered vacated under the terms of this article or who shall enter an ar around such building that has been declared to be dangerous and notice of which declaration shall have been posted or any person who shall interfere with or hinder the vacation, repair or demolition of any building under the term, -of this article or who shall procure the violation of any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined as provided in section 1 6 of case the owner or occupant of any substandard building ordered vacated, repaired or demolished under the terms -of this articic shall be a corporation and shall violate or shall procure the violation of any provision of this article, thc president, vicc president, secretary or treasurer of such corporation shall be severally liable for thc penalties therein provided. Sec. 13-2530. Disposition of items of personal property in buildings to be demolished. In the event there are items of personal property in the premises to be demolished, according to the provisions of section 13-26, additional notice as per section 13-26{C-} (D) shall be given to the effect that if such items of personal property are not removed from the premises within thirty (30) 30 days, they shall be placed in storage for a period of ninety (90) 90 days. During this period they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event that the property is not redeemed within ninety (90) 90 days the city may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. Page 13 of 38 Secs. 13-26 34 —13-37. Reserved. SECTION 2: The Corpus Christi Code, §13-38 et seq of Chapter 13, Article II Building and Housing Standards Code, Division II, entitled "Junked Vehicles" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted), to include watercraft and aircraft, as delineated below: "CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS, AND NEIGHBORHOOD IMPROVEMENT ARTICLE II. MAINTENANCE CODE DIVISION 2. JUNKED VEHICLES CORPUS CHRISTI PROPERTY Sec. 13-38. Junked vehicles declared to be public nuisance. (a) A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from a public place, public right-of-way, or adjacent private property: (1) Is detrimental to the safety and welfare of the public; (2) Tends to reduce the value of private property; (3) Invites vandalism; (4) Creates a fire hazard; (5 )Is an attractive nuisance creating a hazard to the health and safety of minors; (6) Produces urban blight adverse to the maintenance and continuing development of the city; and (7) Is a public nuisance. (b) Ajunked vehicle, in accordance with the procedures for abatement and removal in Chapter 683 of the Texas Transportation Code and as defined herein therein, is declared to be a public nuisance subject to regulation. Sec. 13-39. Definitions. (a) Antique vehicle means a passenger car or truck that is at least twenty-five (25) years old. (b) Inoperable means, due to mechanical failure, breakdown, or disrepair, cannot be started, driven, operated, steered, or stopped under its own power without causing damage to the vehicle. (c) Junked vehicle is as defined in Chapter 683 of the Texas Transportation Code. means a vehicic (1)Does not have lawfully attached to it: a.An unexpired license plate; or Page 14 of 38 (2)Is: b.lnoperable and has remained inoperable for more than: 1.Forty eight ('18) consecutive hours, if the vehicle is on public property or public right of way; or 2.Twenty (20) consecutive days, if the vehicle is on private property. (d) Motor vehicle collector means a person who: (1) Owns one (1) or more antique or special interest vehicles; and (2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. (e) Ordinary public view means visible at any time of the year from any public right-of-way, public property, or from private property which is owned or occupied by a person other than the property owner or occupant of the property on which the vehicle is located. (f) Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Sec. 13-40. Enforcement; notice. (a) The procedures for abatement and removal of a junked vehicle must be administered by code enforcement officials employed by the neighborhood services department code enforcement division of the city, or other regularly salaried, full-time employees of the city that may be designated from time to time by the city manager, except that any authorized person may remove the nuisance. (b) Persons authorized to administer the abatement and removal procedures may enter upon private property to examine a junked vehicle, obtain information to identify the junked vehicle, and to remove or direct the removal of the junked vehicle. (c) Following investigation of a public nuisance, the notice procedures set out in this section must be followed for the abatement and removal of a junked vehicle from public or private property or a public right-of-way: (1) A notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to: a. The last known registered owner of the nuisance; b. Each lienholder of record of the nuisance; and c. The owner or occupant of: 1.The property on which the nuisance is located; or 2.If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way. (2)The notice must state: a. The nature of the public nuisance; Page 15 of 38 b. That the nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; c. Describe the right to request a hearing; and d. State that any request for a hearing must be made before the ten-day period expires. (3) In addition to the notice required under subsection (c)(1) of this section, a code enforcement official, or other employee designated by the city manager, may securely affix to a junked vehicle, or part thereof, a visible, dated, and brightly colored notice that contains the information required in subsection (c)(2) of this section. The posting of the discretionary notice described in this subsection is not a condition or requirement precedent to any proceeding or action to abate a public nuisance, and a proceeding or action is not void, voidable, or in any way affected by a failure to affix the notice. (4) If the post office address of the last known registered owner of the junked vehicle is unknown, a notice may be placed on the junked vehicle or, if the owner is located, personally delivered. (5) If a notice is returned undelivered, action to abate the nuisance must be continued to a date not earlier than the 11th day after the date of the return. Sec. 13-41. Hearings; relocation of junked vehicle. (a) A person who receives notice of a public nuisance under subsection 13-40(c)(1) may request a hearing to determine whether a vehicle is a junked vehicle. Any request for a hearing must be made, in person or in writing, to the municipal court clerk not later than the tenth day after the notice was personally delivered or mailed. (b) If requested in a timely manner, a municipal court judge shall hold a hearing to determine whether a vehicle, or part thereof, is a public nuisance. (c) The hearing shall be held not earlier than the eleventh day after the date of service of the notice. (d) At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (e) The municipal courts of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance. (f) An order requiring the removal of the nuisance must include, if the information is available at the location of the nuisance, the vehicle'&: (1) For a motor vehicle, the vehicle's: {-1-) ) Description; (2)ILDj Vehicle Identification number; and (2) Lcj License plate number. (2) For an aircraft, the aircraft's: Description; and Page 16 of 38 ILQ Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; and (3) For a watercraft, the watercraft's: Description; and (b) Identification number as set forth in the watercraft's certificate of number. (g)The relocation of a junked vehicle that is a public nuisance to another location within the city after a proceeding for the abatement and removal of the public nuisance has commenced shall have no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. Sec. 13-42. Vehicles not to be reconstructed or made operable; disposal. (a) A vehicle removed under the abatement and removal procedures set out in this division may not be reconstructed or made operable. (b) Disposal of a junked vehicle shall be by removal to a scrapyard, a motor vehicle demolisher, or other suitable site operated by the city, as necessary to accomplish the purposes of this division, provided, that any such disposal shall be for scrap, demolition, or salvage only. Sec. 13-43. Notice to Texas Department of Transportation. (a) Following removal, a notice identifying the junked vehicle, or part of the vehicle, shall be given to the Texas Department of Transportation by neighborhood services department code enforcement division employees, or other employees designated by the city manager, not later than five (5) days after the date of removal. (b) On receipt of a notice of removal of a watercraft under Sec. 13-43(a), the Texas Department of Transportation shall notify the Parks and Wildlife Department of the removal. On receipt of the notice from the Department of Transportation, the Parks and Wildlife Department shall immediately cancel the certificate of title issued for the watercraft. Sec. 13-44. Inapplicability of division; no exemption. (a) The procedures for the abatement and removal of a public nuisance may not apply to a vehicle or vehicle part: (1) That is completely enclosed in a building in a lawful manner and is not visible from public or private property or public right-of-way; or (2) That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or vehicle part and the outdoor storage area, if any, are: a. Maintained in an orderly manner; b. Not a health hazard; and c. Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, shrubbery, or a form -fitting cover designed and manufactured specifically for vehicles. Page 17 of 38 (b) A junked vehicle, or part of a junked vehicle, covered by a form -fitting vehicle cover, is not exempt from the procedures for abatement and removal. Sec. 13-45. Junked Vehicle Offense; penalty. (a) A person commits an offense if that person maintains a public nuisance as described in this division regarding junked vehicles. (b) An offense under this division is punishable by a fine not to exceed two hundred dollars ($200.00). (c) On conviction, the court shall order removal and abatement of the public nuisance. (d) An offense under this division is subject to the penalty provisions of sections 1-6 and 1- 6.1 of the Code. Sec. 13-46. Lien on impounded property. A lien for all costs incurred in the impounding, storing and advertising for sale of personal property pursuant to this division shall exist and inure to the benefit of the person actually impounding such property. Such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes, and the impounder may retain possession of such property until all costs are paid and may sell the same as provided in this division. Sec. 13-47. Redemption of impounded property. The owner or any person legally entitled to possession of any impounded personal property as provided for in this division may redeem the same by paying to the impounder, before sale, the impounding fee and any other actual expenses incurred by the impounder in impounding and keeping the impounded property, as determined by the fees set forth in section 13 A £ 13-48. Sec. 13-48. Fees for impounding, storage, etc. Fees shall be charged and shall be paid to the impounder of the city, only if performed by the police division and in accordance with the fee schedule located in section 57-254. Sec. 13-49. Disposition of proceeds of sale. After deducting the fees to which the impounder or the city, as the case may be, is entitled pursuant to section 13 /19 13-48, such party shall hold the balance of the proceeds of such sale, if any, to pay the same to the owner of the property. If the owner fails to call for such proceeds within ninety (90) days, they shall belong to the impounder or the city, as the case may be. Sec. 13-50. Sale of abandoned motor vehicles. Page 18 of 38 Notwithstanding any other provision, any motor vehicle impounded pursuant to any city ordinance or state law, shall be processed, disposed, auctioned and sold in accordance with the provisions of the Texas Abandoned Motor Vehicle Act. Secs. 13-51-13-3000. Reserved." SECTION 3: The Corpus Christi Code, §13-3002 of Chapter 13, Article III, entitled "Vacant Buildings", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd), in the definitions section as delineated below: "CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS, AND NEIGHBORHOOD IMPROVEMENT ARTICLE III. VACANT BUILDINGS Sec. 13-3002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Dangerous building means a building which is potentially hazardous to persons or property, including, but not limited to: a. A building that is in danger of partial or complete collapse. b.A building with any exterior parts that are loose or in danger of falling. c.A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Hearing Officer is the city officer, employee, or other person as so designated by the City Manager. Owner means the owner of record in the county where the real property is situated; anyone identified as the owner on a vacant building plan and timetable form; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises ora portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this Page 19 of 38 article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Properly maintained means taking measures to: (1) Prevent the physical deterioration of the building. (2) Prevent a decline in the appearance of the building. (3) Keep a building in a clean, safe, secure, and sanitary condition. (4) Prevent the building from becoming an attractive nuisance. Property maintenance ordinance includes, but is not limited to, the following Code of Ordinances provisions: (1) Article II, Chapter 13. (Building & Housing Standards Codc Corpus Christi Property Maintenance Code) (2) Articles II, VI, VII, VIII, and IX, Chapter 14. (Technical Construction Codes, Excavations, Regulation of Fill Materials, Control of Aeolian Soils, and Control of Solid Waste at Construction Sites) (3) Article I, Chapter 18. (Fire Prevention Code) (4) Articles II, V, and VII, Chapter 21. (Collection Services, Business or Commercial Establishments, and Control of Refuse) (5) Article III, Chapter 23. (Unhealthful & Dangerous Conditions) (6) Article VI, Chapter 33. (Graffiti control) (7) Division 1, Article I, Chapter 49. (Relates to maintenance and duties related to streets, sidewalks, and street rights-of-way) (8) Articles XVI and XVII, Chapter 55. (Prohibition on Pollution of the Municipal Separate Sewer System (MS4) and Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors) SECTION 4: Corpus Christi Code, §13-4001 et seq, Chapter 13, Article IV entitled "Downtown Vacant Buildings", is repealed in its entirety, as delineated below: "CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS, AND NEIGHBORHOOD IMPROVEMENT ARTICLE IV. ..,• Secs.13-4001 — 13-1420 Reserved Sec. 13 4001. Declaration of policy. (a)The city council finds and declares that: prevalence of older, multi story buildings constructed without setbacks from the street Page 20 of 38 rights of way, thereby creating a dense development posing increased risks from fire. affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the city, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. members, and criminals as prime locations -t9 sanatFlcgal mal-as#iv+tios7 {'I)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsccurcd arc a blight and cau^ - instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. (7)Abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant secured buildings are declared to be public nuisances. (b)The purpose of this article is to protect the public health, safety, and welfare of the city. (c)This article: {1)Determines the responsibilities of owners of vacant downtown buildings. Sec. 13 4002. Definitions. Used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the city's zoning and code enforcement administrator, or the administrator's designees. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Boarded building means a building on which any opening to the outside is covered with lumber or panels of wood or other material. The term does not include a building Building means any structure or portion of a structure used or intended for supporting partially open building as defined in section 1609.2, International Building Code. Page 21 of 38 Dangerous building means a building which is potentially hazardous to persons or property, including, but not limited to: (1)A building that is in danger of partial or complete collapse. {2)A building with any exterior parts that are loose or in danger of falling. {3)A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of norm ased loads. Downtown means that area bounded by Shoreline Drive, Park Street, Tancahua Owner means the owner of record in the county where the real property is situated; unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Properly maintained means taking measures to: {1)Prevent the physical deterioration of the building. (2)Prevent a decline in the appearance of the building, including keeping painted surfaces with a secure and intact coating and preserving signage without physical deterioration. applicable technical codes and life safety codes. {'I)Prevent the building from becoming an attractive nuisance. Property maintenance ordinance includes, but is not limited to, the following Code of Ordinances provisions: {1)Article II, Chapter 13. (Building and Housing Standards Cod ) (2)Articles II, VI, VII, VIII, and IX, Chapter 1/1. (Technical Construction Codes, Waste at Construction Sites) (3)Article I, Chapter 18. (Fire Prevention Cod ) Esta-bl+shments, and Control of Refuse) (5)Article III, Chapter 23. (Unhealthful and Dangerous Conditions) (6)Article VI, Chapter 33. (Graffiti Control) Page 22 of 38 (7)Division 1, Article I, Chapter /19. (Relates to maintenance and duties related to (8)Articles XVI and XVII, Chapter 55. (Prohibition on Pollution of the Municipal Interceptors and Oil/Sand Interceptors) Secure means to take measures to ensure that the interior of the building cannot be accessed by: (1)Unauthorized persons without the use of tools or ladders. (2)Birds and other animals through broken windows or other openings in the structure. Secured by normal measures means the use of structural components of a building, including fixtures, such as doors, unbroken windows, locks, latches, electronic security systems, storm shutters, security shutters, and grills or bars installed at window and door openings, which were installed while the building was constructed or added to the building while the building was occupied and being used for Iawfu-1-194499eses. Secured by other than normal measures means a building, other than the ground floor openings, secured by means other than -these used in the design of a building or that purposes. The term includes boarding any window or door opening, other than ground floor openings. Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons. Vacant downtown building means a building located within the downtown area of which fifty one (51) per cent or more of the floor space is unoccupied and has been the Sec. 13 4003. Enforcement authority. (a)The administrator administers this article. authorized to enforce the provisions of this article. may include any property specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of the vacant downtown building. Sec. 13 4004. Inspections. Page 23 of 38 (a)The administrator may inspect any premises in the downtown area for the purpose of portions of a vacant downtown building in order to permit a complete inspection. (a)Upon reasonable suspicion that a downtown building may be a vacant downtown building by a code enforcement official or receipt of a complaint about a downtown building, thc administrator may cause an inspection of the property in order to determine if the building (19)If the administrator determines that a building or portion of a building may be classified as a vacant downtown building under this article, the administrator: {1)Shall attempt to contact the owner or an agent of the owner, identified by any sign posted on the property, by telephone or by electronic communication, such as by taken by the owner: a.File a vacant downtown building plan and timetable within seven (7) days, b.Pay the registration fee required by section 13 /1010 c.Take action to correct a-ebserved code violations, and d.Take immediate measures to temporarily secure the building from unauthorized entry and take measures to secure the building by normal or (2)Shall mail a notice to the owner, with a copy to any agent identified by any sign posted on the property, that advises the owner that it appears that the building is a vacant downtown building and that the following msasures need to be taken by thc owner: a.File a vacant downtown building plan and timetable within seven (7) days, b.Pay the registration fee required by section 13 /1010 c.Take action to correct any observed code violations, and d.Take immediate measures to temporarily secure the building from unauthorized entry and take measures to secure the building by normal or other than normal means within seven (7) days, as necessary, or -- downtown building and that the following measures need to be taken by the owner: a.File a vacant downtown building plan and timetable within seven (7) days, b.Pay the registration fee required by section 13 /1010 c.Take action to correct a-e-bserved code violations, and d.Take immediate measures to temporarily secure the building from unauthorized entry and take measures to secure the building by normal or other than normal means within seven (7) days, as necessary, or Page 24 of 38 article or other applicable provisions of the Code of Ordinances. (c)The notice under subsection (b)(2) of this section must comply with the requirements of Section 51.005, Texas Local Government Code. (d)If the owner fails to immediately take measures to temporarily secure the building frorn unauthorized entry and abate the violation, thc city may, without furthcr noticc, sccurc thc city to secure the premises and abate the violation, including any administrative expenses, the administrator shall file a lien against the property for expenses incurred by the city. (e)If the owner disputes the administrator's determination that the building should be classified as a vacant downtown building under this article, the owner shall file a written notice of appeal with the administrator within seven (7) days from receipt of the noticc provided in this section. The administrator shall schedule a hearing before the hearing examiner to determine whether the building should be classified as a vacant downtown r this article. (a)The owner of a vacant downtown building shall register the vacant downtown building and {7) days after the owner receives verbal or written notice under subsection 13 '1005(b). The administrator is authorized to: {1)Suspend the processing of any citation or complaint for violation of this article. (2)Extend the period of time in which the owner of a vacant downtown building must (b)The vacant downtown building plan and timetable must be submitted on forms provided by the administrator and include the following information supplied by the owner: {1)A description of the premises. e rty. (3)The names and addresses of all known lienholders and all other parties with an oership interest in the building. act on the owner's behalf to repair or maintain the property. (5)The name and address of the owner, the name and address and contact information of a person authorized by the owner to make response to any emergency or alleged violation related to the vacant downtown building. (6)The period of time the building is expected to remain vacant. (7)If the owner plans on returning the building to a lawful occupancy and use, the Page 25 of 38 (8)If the owner plans on demolishing the building, the date the building is scheduled for demolition. rehabilitation or renovation is scheduled to commence and be completed. {10)If the owner plans on retaining the building for investment purposes, the measures that will be taken to try to reduce any adverse impact on the property values of adjacent property from the retention of the vacant building for investment purposes. {11)A plan for regular maintenance of the building during the period of vacancy with certification that the building is compliant with all applicable codes. (12)Identify measures the owner will employ to secure the building to prevent acces by trespassers, including but not limited to: windows and doors for first floor, first floor, d.Installation, operation, and monitoring of an electronic security system, which monitors windows and doors by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the city's police department, e.Installation of boards on windows and doors above ground floor, f.Employment of watchmen, who are licensed peace officers, public security officers, commissioned security officers, or noncommissioned security officers, and gAny other method approved by the administrator. {13)Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitoring and inspection must be performed by the owner, property manager, or an agent of the owner with full authority to maintain and maks repairs to the property on a weekly basis. {1'1)Locations of the warning signs required by subsections 13 '1008(b). (c)The plan and timetable submitted by the owner must be approved by the administrator, disapprove the plan and timetable within seven (7) working days of receipt from the owner. Any plan disapproved must be resubmitted within seven (7) days of receipt of the notice of disapproval. (d)Any repairs, improvements, or alterations to the vacant downtown building or on the property must comply with all applicable City of Corpus-Ghri-sti technical construction codes. (e)The owner shall notify the administrator of any changes in information supplied as part of the vacant downtown building plan and timetablc within scvcn (7) days of thc changc. If thc Page 26 of 38 plan or timetable for the vacant downtown building is amended in any way, the amendment& must be approved by the administrator. (f)The authority of an agent to maintain and make repairs to property for the owner must be granted in writing through a contract or power of attorney. The contract or power of attorney must authorize the agent to receive and accept notices from the city on behalf of the owner. downtown building plan and timetable or that has been the subject of an abatement action by the city under this section is no longer a vacant downtown building, if: (1)The owner has secured the building by the means specified in the vacant (2)The administrator has inspected the building and determined the building is: a.Properly secured, b.There is no solid waste within the building or on the premises, c.All of the vegetation on the premises has been properly trimmed, d.There is no graffiti on the inside or outside of the building, and • - - ee occupied by person(s) authorized by the owner. (a)The owner of a vacant downtown building shall remove any solid waste from the interior of the building. (b)The owner of a vacant downtown building shall remove any solid waste or high weeds and brush from the premises on which the vacant downtown building is located. (c)The owner shall keep the premises on which the vacant downtown building is located and the building properly maintained until the building is returned to an authorized occupancy, demolished, or sold. (d)The owner of a vacant downtown building shall lock or secure all doors, windows, and other openings to the vacant downtown building. downtown building by normal measures fails to keep the vacant building secure, the owner must use other than normal measures to secure the building, including boarding the vacant downtown building. (g)For a period not to exceed seven (7) days, the owner may install and maintain boards on windows and doors on the ground floor for emergency repairs during that time required to order and replace the window or door with appropriate material. (h)Failure of the owner to secure and maintain the prcmiscs that results in abatement by the and the owner is subject to any applicable penalties. . .. Page 27 of 38 (a)Except as provided in subsection (c) of this section, if the owner is unable to secure all board such floors of the vacant building under the following specifications and requirements: {1)AII unsecured doorways, windows, or other exterior openings must be covered by wooden structural panels. However, the glazed portion of an otherwise structurally (2)Wooden structural panels may be installed on the exterior or interior of the opening. (3)The wooden structural panels installed on the exterior of a building must be flat, has the sole discretion to determine if the work was performcd in an acccptablc manner. {'I)Required materials. The wooden structural panels must be used to cover doorways, windows, or other exterior openings. The wooden structural panels must be composed of CDX exterior grade plywood or oriented strand board ("OSB") with a minimum one half (1/2) inch nominal (seven sixteenths (7/16) inch actual) thickness. (5)Required fasteners and hardware. All metal fasteners and hardware must be made of stainless steel, galvanized steel, or cadmium plated steel. (6)Required coatings. All exterior materials used to board a vacant building must be painted with a minimum of two (2) coats of exterior grade latex paint that is black, white, the predominant color of the building, or a color approved by the administrator. (7)Approved methods for installing exterior wooden structural panels. a.Wooden structures with wood trim surrounding window and door openings. 1.If there is a sill that extends beyond the face of the building, thc bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must extend at least four ('1) inches on the top and on each side of the opening. 2.If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must and extend at least four 3.The wooden structural panels must be attached to the building and window by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden of the building, washers must be used between the nut and thc interior surface. 'l.Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5.The structural wooden panels must be attached under the following table: Page 28 of 38 Fastcncr Typc Fastcner Spacing Panel span '1 foot - span � 6 foot - •L' ,1 foot panel �6foot panel span •L' 8 foot 2!6''tt6Wood screws 4-6L 4-2 —9L 21/2" tt8 Wood screws 4-6L 4-6L 4-2 6.The fasteners must be installed at opposing ends of the wooden b.Masonry structures or structures with brick facades with wood trim surrounding window and door openings: 1.Ifthere isa sill that extends beyond the face ofthe building, thc. bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A.Cover the window or door opening. B.Be flush with the sill. C.Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2.Ifthere 5 no sill orthe sill does not extend beyond the face ofthe bui|ding, the wooden structural pone|o+Rauet be either set into or bc flush with the masonry wall or brick facade on the top, bottom, and on each side of the window opening. 3.The wooden structural panels must be attached to the building by wood screws, lag bo|ta, or carriage bolts. Avvesher must be installed between the head ofthe screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior ofthc building, wachers must be used between the nut and the interior surface. 4.VVooden screws and Iag bolts must be secured to the structural framing member surrounding the opening. 5.The structural wooden panels must be attached under the foliowing Fastener Typc Fastener Spacing Panel span /1 foot - panel span Page 28of38 6.The fasteners must be installed at opposing ends of the wooden c.Masonry structures or structures with brick facades with metal trirn surrounding window and door openings: 1.Ifthere isa sill that extends beyond the face ofthe building, thc. bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A.Cover the window or door opening. f].Be flush with the sill. C.Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2.Ifthere 5 no sill orthe sill does not extend beyond the face ofthe bui|ding, the wooden structural panels must be either set into or flush 3.The wooden structural panels must be attached to the metal trim by metal screws, lag bo|ta, or carriage bolts. A washer must be installed between the head ofthe screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of thc building, washers-u€t be used between the nut and the interior surface. 4.K4eta| screws and lag bc sccurcd to thc mctal structurc .ised to frame the opening. 5.The structural wooden panels must be attached under the foliowing table: Fastener Typc Fastener Spacing Panel span 4foot ' panel span � 6 foot - panel Page 30 of 38 ,1 foot 6 foot span 8 foot 21/2''it6 Wood screws 4-6L 4-2 —S) Z1/2.it8Wood screws 4-6L 4-6L 4-2� 6.The fasteners must be installed at opposing ends of the wooden c.Masonry structures or structures with brick facades with metal trirn surrounding window and door openings: 1.Ifthere isa sill that extends beyond the face ofthe building, thc. bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A.Cover the window or door opening. f].Be flush with the sill. C.Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2.Ifthere 5 no sill orthe sill does not extend beyond the face ofthe bui|ding, the wooden structural panels must be either set into or flush 3.The wooden structural panels must be attached to the metal trim by metal screws, lag bo|ta, or carriage bolts. A washer must be installed between the head ofthe screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of thc building, washers-u€t be used between the nut and the interior surface. 4.K4eta| screws and lag bc sccurcd to thc mctal structurc .ised to frame the opening. 5.The structural wooden panels must be attached under the foliowing table: Fastener Typc Fastener Spacing Panel span 4foot ' panel span � 6 foot - panel Page 30 of 38 21/2" ft6 Wood 4-6L 4-2 -9L screw 21/2" ft8 Wood screw 4-6L 4-6L 4-2� 4 foot - span 6.The fasteners must be installed at opposing ends of the wooden d.Masonry structures or structures with brick facades with no trim surrounding windows. 1 .A wooden frame constructed of with two inch by four inch nominal dimensional Iumber must be installed around the perimeter of tho opening. 2.The wooden frame must be secured to the masonry wall or brick facade with lag bolts and vibration resistant anchors having a minimum ultimate withdrawal capacity of four hundred ninety (190\ pounds. 3.The wooden structural panels must be attached to the wooden frame using wood screws. 'l.The structural wooden panels must be attached underthe foliowing Fastener Typc Fastener Spacing Panel span 4 foot - span � 6 foot - •L' /1 foot panel �6foot panel span •L' 8 foot 2Yi''ft6Wood screws 4-6L 1-2 -9L 21/2" it8 Wood screws 4-6L 4-6L 4-2 5.The fasteners must be installed at opposing ends of the wooden c.Thc administrator may approvc thc use of blocks, u|ipa, or other special hardware items or alternate methods for installing wooden structural panels. (8)All broken glass and any other loose material-n4ust be removed from the opening before the wooden structural panels are installed. (9)Exterior access to floor areas above the first floor, such as fire escapes and Page 31 of 38 a.Removed up to the second floor level or to a height of thirteen (13) feet above the ground, whichever is lesser. b.Secured to the satisfaction of the administrator. (10)Fascia signs, overhanging signs, roof signs, and all other appurtenances, such as create such a condition. {11)AII loose or defective materials, trim, or structural elements on the exterior of the building must be removed. (12)Any condition which may become a hazard or danger to the public must be corrected. (19)The owner of an unoccupied boarded vacant downtown building shall past the premises. (1)One (1) or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. (2)The signs must remain posted until the building is either lawfully occupied or demolished. (3)The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or occupy this building oemises or to remove or deface this notice. Trespassers- viol -be presecuted. (1)The lettering of the sign must be at least a forty eight point font type size. (c)Due to unique architectural features, instead of boarding a building in the manner the vacant downtown building in a manner that adequately prevents unauthorized entry or vandalism. When an owner of a vacant downtown building boards up a building, the owner shall apply at least two (2) coats of exterior paint to the exterior panels installed on all openings, windows, and doors. The coat of exterior paint must be black, white, the predominant color of the building, or a color approved by the administrator. .. . The owner of each vacant downtown building shall pay to the administrator an initial SSS SS Page 32 of 38 registered. The registration fee and the re registration fees include the cost of an inspection. The registration and inspections fees are transferable to a subsequent owner of the building and/or premises. (a)The administrator shall provide for the inspection of each vacant downtown building not less than once every three (3) months by code enforcement personnel and for the inspection of each vacant downtown building not less than annually by personnel from the building official and the fire department. (b)The inspection shall be conducted to determine compliance with this article and all applicable codes. (c)The results of the inspection shall be provided to the owner of the vacant downtown building and the person designated by the owner to make response to any emergency or alleged violation related to the vacant downtown building. (d)The administrator may periodically reinspect vacant downtown buildings to ensurc compliance with the provisions of this article. Sec. 13 4012. Watchman required. (a)If boarding, the use of electronic monitoring systems, or the use of other methods fails to keep unauthorized persons from entering an unoccupied vacant downtown building, upon direction by the administrator, the owner shall have a watchman on duty upon the premises (b)The watchman must remain on duty daily during the required hours until the building is Sec. 13 4013. Entry or interference with notice prohibited. (a)No person may enter or occupy any building that has been posted under subsections 13 '1008(b) except to repair or demolish the building under proper permit or for a purposc authorized by the owner, or as allowed under subsection 13 '1005(b). 04) No person may remove or deface any notice that has been posted under subsections 13 '1008(b) until the required repairs or demolition have been completed or a certificate of occupancy has been issued by the building official. Sec. 13 4014. Reinspection. administrator may periodically reinspect vacant buildings to ensure compliance with the provisions of this article. (b)The administrator shall assess a reinspection fee of four hundred fifty dollars ($'150.00) building as is reasonably necessary to determine compliance with the standards and procedures in this article. Page 33 of 38 Sec. 13 4015. Notification. Once every six (6) months the administrator shall send to the city council a list of all vacant downtown buildings that have become known to thc administrator during thc preceding six (6) months. Sec. 13 4016. Abatement expenses of city. The administrator shall, after completing thc abatement, maintain a record of the costs incurred or expended by the city to abate the nuisance, including: {1)The costs of providing notice to the owner and lienholder, including time spent researching the identity of the owner and lienholder, preparing the notice, postage, and publication costs. (2)Personnel costs-in-velved l-i+�specting the property. (3)Personnel costs involved in abating the nuisance by city employees. {'I)Prorated costs of the use of any city vehicles used to inspect the property. (5)Prorated costs of the use of any city vehicics or equipment used to abate the nuisance. (6)Costs of any materials or supplies purchased or furnished by city. (7)An overhead charge of twenty five (25) per cent of the total expenses incurred for administration for each abatement action. (8)Costs of any contracted services, including the costs of materials, supplies, and labor provided by the city's contractor. Sec. 13 4017. Continuous abatement authority. If a vacant downtown building or premises surrounding the building previously abated the same provision of city code within one (1) year of the notice and order to abate, and the administrator has not bccn informcd in writing by thc owncr of an owncrship changc, the recover costs as provided for in this article. Sec. 13 4018. Continuous public nuisances. (a)A vacant downtown building may be declared a continuous public nuisance by thc administrator if the building, which was secured by the owner following a notice and order to abate or secured by the administrator, continues to be in violation of city codes on a periodic the owner or abate the violation through a city abatement action. public nuisance by seeking a court order or following any of the administrative abatement procedures found in this chapter, which affords the owner due process, including notice and a hearing. Page 34 of 38 Sec. 13 4019. Alternative procedures. Nothing in this article may be deemed to abolish or impair existing authority or remedies of the city. Sec. 13 4020. Penalties. (a)Any person violating any provision of this article may be punished by a fine not to exceed two thousand dollars ($2,000.00). (19)Any person convicted of a subsequent violation of this article may be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00). (c)A culpable mental state of recklessness is required for an offense under this article. (d)A violation of this article is a violation of a rule, ordinance, or police regulation that governs fire safety, or public health and sanitation, including illegal dumping. (e)Each day any violation of this article continues constitutes a separate offense. SECTION 5: As Ordinance No. 12826 adopted in 1975 regarding fire breaks was never incorporated into the City Code no City Code ordinance section number was assigned and therefore none is provided; and as a uniform and updated standard regarding fire breaks is being incorporated into the Corpus Christi Property Maintenance Code, Ordinance No. 12826 is repealed in its entirety, as delineated below. thereon any weeds or vegetation, standing or otherwise, dead trees, dead branches on living trees, or any hazardous wastes or refuse of any nature which would constitute a fire hazard or contribute to the spread of fire. SECTION 2. A. For the purpose of this ordinance "structure" means anything constructed or erected which requires location on the ground or is attached to something having a location on the ground but not including fences, advertising signs, billboards, poster boards or water storage facilities. B. When the Fire Chief or his designated representative determines that brush, grass or weeds existing on any real property constitutes a significant fire hazard to person or property, he shall require that: {1) When a structure exits on the property adjacent to the property containing brush, grass or weeds and is within 250 feet of the common property line, a fire break shall be maintained on any portion of the property line within 250 feet of the structure. The fire break 1 1- on either side of a point nearest the structure or the entire length of the common property line if it is Icss than 200 fcct in Icngth. "Firc break," as used in paragraph (1) hereof, means a 50 foot wide strip of height of not more than 2/1 inches above the ground, and all has been removed. {2) A fire break be maintained along the property line adjacent to the public right of way. As used in this paragraph (2), "fire break" means Page 35 of 38 a 20 foot wide strip of land surface on which all brush, grass or weeds are maintained at a height of not more than 2/1 inches above the ground nor less than 3 inches above the ground, and all branching growth and leafy foliage 5 or less feet above the ground has been removed. C. Fire breaks shall not be required on a tract of real property or any portion thereof which is used exclusively for crop cultivation or as a nursery area. D. When the Fire Chief or his designated representative determines that the requirements of Section 2, subsection B, do not provide adequate fire protection for the safety of persons or property, he may rcquirc more nsivc and intcnsive fire breaks. E. In determining whether or not a firc hazard cxists and thc degree of thc firc hazard under Section 2, sub sections B and D, the Fire Chief or his designated representative shall consider factors such as, but not limited to, the following: {1) The extent and density of brush, grass or weeds on property in question. (2) The character and density of development on adjacent property. Distance of structure on adjacent property from the brush, grass or weeds. ('1) The width, character and use of any public right of way involved. SECTION 3. Any hazardous condition allowed to remain in violation of this ordinance shall be deemed a public nuisance and upon failure by the person owning or having charge or control of the property to abate the same within 30 days after being notified, the Fire Chief or his designated representative may enter upon the property and remove or eliminate the nuisance. The Fire Chief or his designated representative shall keep an itemized written that parcel and after the assessment is made and been confirmed by the Director of Finance or his designated-rep-resentative, it shall become a lien on the premises. The enforcement of said lien shall comply with Article '1'136, V.A.C.S., relating to public health. SECTION 4. As an alternative method for the collection of the cost of abatement, the City may maintain an action at law for in equity thereon against the owner of the premises upon which a nuisance was maintained, in any court of competent jurisdiction." SECTION 6: The City Manager, or his designee, is authorized to execute a licensing agreement with the International Code Council, for copyright use of the International Property Maintenance Code. As the Corpus Christi Property Maintenance Code will contain substantial copyrighted material from the 2009 International Property Maintenance Code which is copyrighted work owned by the International Code Council. SECTION 7: 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, Page 36 of 38 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 8: A violation of the Corpus Christi Property Maintenance Code or the regulations implemented under the Corpus Christi Property Maintenance Code constitutes a strict liability offense in accordance with Corpus Christi Property Maintenance Code Section 106.3(a) and any violation is punishable by a fine not to exceed $500.00, the amount authorized by Section 12.23 of the Texas Penal Code and Section 1-6 of the Corpus Christi Code of Ordinance. SECTION 9: Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 10: This ordinance takes effect after official publication. SECTION 11: The changes in property maintenance regulations made by the Corpus Christi Property Maintenance Code apply only to violations occurring on or after the effective date of the Corpus Christi Property Maintenance Code. Any violations occurring before the effective date of the Corpus Christi Property Maintenance Code are governed by the property maintenance regulations in effect at the time the violation occurred, and the former regulations are continued in effect for that purpose. For purposes of this section, a violation occurred before the effective date of this ordinance if any part of the violation occurred before that date. Page 37 of 38 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 38 of 38 Comparison of proposes CCPMC / 2009 IPMC to Existing Southern Standard Housing Code (1973) Section / Topic CCPMC / 2009 IPMC 1973 Southern Standard Housing Code / Other Existing Municipal Ordinances Notes 1 Additional Comments Administration and Enforcement Section 103.2 Appointment The Director of the Code Enforcement Division, or such other city officer or employee as the City Manager may designate in writing, and who shall be known as the Code Enforcement Official or Code Official. None Section 13-24 annotates duties of the Official but gives no designation for a Code Official Section 103.4 Liability The code official, member of the Building Standards Board or employee charged with the enforcement of this code, while acting for the City, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties., Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the City until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. None Section 104.7 Coordination of Inspections Whenever in the enforcement of this Code or another code or ordinance, the responsibility of more than one City Department is involved, it is the duty of the initiating Department Director or designee involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure are not be subjected to visits by numerous inspectors or multiple or conflicting orders. None Whenever an inspector from any department observes an apparent or actual violation of some provision of some law, ordinance, or code not within the inspector's authority to enforce, the inspector shall report the findings to the appropriate City department Director or designee. Comparison CCPMC & Existing Code Page 1 Section / Topic CCPMC 12009 IPMC 1973 Southern Standard Housing Code / Notes / Additional Comments Other Existing Municipal Ordinances Administration and Enforcement Section 106.4 Violation Penalties Violation of provisions of this code or failure to comply therewith, or with any requirements thereof Violation of provisions of this code or failure to comply therewith, or with any requirements thereof including failure to comply with the terms of Notice of Violation in accordance with Section 106.2 within the time specified or any extension of time granted by the code official shall be fined upon conviction not more than $500.00. Section 106.3 (a) Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense. Since all violations are deemed strict liability offenses, Texas Penal Code Sections 6.02 and 12.23 limit the fine to $500.00. Section 108 Unsafe Unfit Structures and Equipment When equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found to be an unlawful structure, the structure or equipment shall be deemed a threat to the public health, safety or welfare. Section 308.1 Dangerous Structures. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and placarded by the Building Official. The code official is given the authority to deem an existing structure or equipment to be in an unsafe condition or that is unfit for human occupancy. Comparison CCPMC & Existing Code Page 2 Section / Topic CCPMC 12009 IPMC 1973 Southern Standard Housing Code / Notes / Additional Comments Other Existing Municipal Ordinances Administration and Enforcement Section 109.3 Closing Streets When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. Section 13-26 (E) Procedure for Eliminating Substandard Conditions. Provision for emergency. Notwithstanding the foregoing provisions of this section, when a structure or premises, or the manner of its use constitutes an immediate and serious danger to human life or health or to property, emergency measures may be taken by the official, as follows: He may promptly cause such structure or premises to be made safe or removed. For this purpose, he may at once enter such structure or premises, or abutting land or structures, with such assistance and at such cost as he may deem necessary in the circumstances. He may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, including boarding up of vacant buildings, and for this purpose may close a public or private way. The code official is authorized to temporarily close sidewalks, streets and adjacent structures as needed to provide for the public safety from an unsafe structure or when an imminent danger exists. Section 112 Stop Work Order Whenever the Code Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Code Official is authorized to issue a stop work order. Currently applied through the International Building Code Section 115 whenever the Building Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Building Official is authorized to issue a stop work order. Grants enforcement authority to code enforcement to assist with current Ordinance enforced by Development Services Comparison CCPMC & Existing Code Page 3 Section / Topic CCPMC 12009 IPMC 1973 Southern Standard Housing Code / Notes / Additional Comments Other Existing Municipal Ordinances Administration and Enforcement Section 302.7.1 Fences All fences, facing the street frontage of the premises, adjacent to a public way, and/or adjacent to an improved premises shall be maintained structurally sound and in good repair. Any of the following conditions shall be corrected: 1. Rotted, fire damaged, broken wood, support posts or cross members shall be repaired or replaced. 2. Broken or fire damaged wooden slats shall also be repaired or replaced. 3. Broken or severely bent metal posts or torn, cut ripped metal fencing materials shall be repaired or replaced. 4. Any fence, or any portion thereof, having loose bricks, stones, rocks, mortar, masonry, or similar materials shall be repaired or replaced. 5. On any corner lot, a visibility triangle shall be established. None Reference: Unified Development Code Section 4.2.9 Visibility Triangle. The visibility triangle shall be formed by extending lines from the intersection of two streets to points 20 feet from the corner of the intersecting streets and then connecting the two points to form a triangle. No construction, planting or grading shall be permitted to interfere with the sight triangle between the heights of 30 inches and 7 feet as measured from the crowns of the adjacent streets. Section 302.9 Defacement of Property No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. Section 33-102. Defacement. (a) Application of graffiti. Application of graffiti is unlawful under Texas Penal Code 28.03 (criminal mischief) and Texas Penal Code 28.08 (graffiti) and shall be prosecuted thereunder. Grants enforcement authority to code enforcement to assist with current Graffiti Ordinance enforced by Police. Section 304.18.1 Doors (deadbolt locks) Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. None As example, building security for student safety in college dorms and off campus housing. Comparison CCPMC & Existing Code Page 4 Section / Topic CCPMC 12009 IPMC 1973 Southern Standard Housing Code / Notes / Additional Comments Other Existing Municipal Ordinances Administration and Enforcement Section 304.3 Premises Identification The property shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. Easily legible numbers are essential for rapid response of emergency personnel. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7mm). 2009 International Fire Code Section 505.1 Address Identification. New and Existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position to be plainly legible and visible from the street or road fronting the property. Easily legible numbers are essential for rapid response of emergency personnel. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7mm). Grants enforcement authority to code enforcement to assist with current Ordinance enforced by Fire Department Section 309.2 Pest Extermination Prior to Occupancy Where infestation exists, the owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. Section 306.5 Extermination. Every occupant of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. Comparison CCPMC & Existing Code Page 5 Section / Topic CCPMC 12009 IPMC 1973 Southern Standard Housing Code / Notes / Additional Comments Other Existing Municipal Ordinances Administration and Enforcement Section 701.3 Fire Break 1. When a structure exists on the property adjacent to the property containing brush, grass, or weeds and is within 250 feet of the common property line a fire break shall be maintained on any portion of the property line within 250 feet of the structure. The fire break shall extend a minimum of 100 feet along the common property line on either side of a point nearest the structure or the entire length of the common property line if it is less than 200 feet in length. "Fire break" as used in this section (1) means a 50-feet wide strip of land surface on which all brush, grass, or weeds are maintained at a height less than 12 inches above the ground; all branching growth, leafy foliage seven (7) or less feet above the ground has been removed; and all hazardous vegetation has been removed. 2. A fire break will be maintained along the property line adjacent to a public right-of-way. A "fire break" as used in this section (2) means a 20 feet wide strip of land surface on which all brush, grass, or weeds are maintained at a height less than 12 inches above the ground; all branching growth, leafy foliage seven (7) or less feet above a public sidewalk or thirteen (13) feet above a public street has been removed; and all hazardous vegetation has been removed. Old Fire Code Ordinance #12826, which was never revised or codified. Exception: A fire break shall not be required on a tract of real property or any portion thereof which is used exclusively for active agricultural operations as set forth in the Texas Agricultural Code Title 8, Chapter 251, but will be required along any imprn\i .d right-of-ways adjacent to the property. Comparison CCPMC & Existing Code Page 6 City of Corpus Christi / ICC Licensing Agreement This agreement between the International Code Council (hereafter referred to as ICC) and the City of Corpus Christi (hereafter referred to as Licensee) pertains to a licensing agreement for use of the 2009 International Property Maintenance Code (hereafter referred to as IPMC) for integration in the City of Corpus Christi Property Maintenance Code. Agreement: In consideration of the provisions contained herein, the parties agree to the following: 1. ICC grants the Licensee a nonexclusive royalty -free license to incorporate the IPMC into the City of Corpus Christi Property Maintenance Code. This integrated version: a. Will be posted for free public access on the Licensee's website at URL www.cctexas.com i. Such access will be in a protected PDF not allowing the viewer to download, or copying and pasting the code. ii. This free public access website will be live for a period of three (3) years. b. Will have a link from the Licensee's website to ICC's website. URL www.iccsafe.org c. Licensee may make up to twenty-five (25) printed copies of the City of Corpus Christi Property Maintenance Code for internal use. 2. Licensee acknowledges that the 2009 International Property Maintenance Code is copyrighted material owned by the ICC. Licensee agrees not to distribute, sublicense or sell any of the ICC copyrighted material contained in the City of Corpus Christi Property Maintenance Code except as specified in this agreement. The Licensee may not assign any rights granted herein, without the written consent of the ICC. 3. Licensee shall include a prominent notice to the user that the information contained therein is developed from the copyrighted 2009 International Property Maintenance Code and is reproduced with ICC's permission. ALL RIGHTS RESERVED. This City of Corpus Christi Property Maintenance Code, contains substantial copyrighted material from the 2009 International Property Maintenance Code, which is a copyrighted work owned by the International Code Council, Inc. and which has been reproduced by the City of Corpus Christi with the written permission of the International Code Council. Without advance written permission from the copyright owner, the ICC portion of this book may not be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1 -888 -ICC -SAFE (422-7233). 4. Licensee shall compensate ICC as described below. Payment should be mailed to ICC California District Office c/o Mark Gerry 3060 Saturn St. Suite 100 Brea, CA 92821: $2,500.00 to incorporate the IPMC into the City of Corpus Christi Property Maintenance Code and post it on Licensee's website for free public access. 5. The term of this agreement is three (3) years commencing on the date that this agreement is signed. The aforementioned items are agreed to by the participants listed below. qViC°5 Signature ` (--� Date: 21 Mark A. Johnson Executive Vice President & Director of Business Development , ICC Signature Name: City of Corpus Christi Date AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 14, 2015 Second Reading Ordinance for the City Council Meeting of April 21, 2015 DATE: TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo , P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 3/6/2015 Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located south along Holly Road, east of Rodd Field Road and west of Paul Jones Avenue CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $49,980.11 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, LP, is required to install 474 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The site is located south along Holly Road, east of Rodd Field Road and west of Paul Jones Avenue. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), MPM Development, LP, is requesting a Reimbursement Agreement for the development of Parkview Unit 1 as shown on the final plat. The subdivision is located south along Holly Road, east of Rodd Field Road and west of Paul Jones Avenue. The development requires the extension of 474 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 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Holly Road. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 - inch water arterial grid main is $60,718.11 minus the lot/acreage fee of $10,738.00 which equals $49,980.11. ALTERNATIVES: Disapproval 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 OMB FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Water Arterial Transmission Grid Main Trust Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,725,673.78 Encumbered / Expended Amount $740,948.50 This item $49,980.11 BALANCE $ 934,745.11 Fund (s): 4030-21805-777-540540 Comments: Balance reflects amount transferred to the Sanitary Sewer Collection Line Trust Fund per Resolution 030388. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, LP ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $49,980.11 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"), attached hereto, with MPM Development, LP ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Parkview Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $49,980.11 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 , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § 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 MPM Development, LP ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Parkview Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Parkview Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on the south side of Holly Road at the Northeast corner of Monte Verde at Terra Mar Unit 1 for a distance of 474 linear feet in order to extend water grid main along Holly Road 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 on Holly Road for a distance of 474 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 Parkview Unit 1, 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 474 linear feet of 12 -inch PVC waterline pipe. 2. Install 40 linear feet 12 -inch ductile iron pipe required at sections. 3. Install two (2) 12 -inch tees. 4. Install two (2) 12 -inch 45 degree bends. 5. Install one (1) 12 -inch cap. 6. Install one (1) fire hydrant assembly. 7. Install one (1) 6 -inch gate valve with box. 8. Install one (1) 6 -inch 90 degree EL. 9. Install three (3) 6 -inch diameter x 30 inch PVC pipe nipple. 10. Install lump sum traffic control during construction for 12 -inch waterline. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. 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 for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 2 of 10 4. PLATTING FEES Developer shall pay to the 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 to the 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. 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 April 14, 2016. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7 PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before April 14, 2016. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 3 of 10 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. 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 to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 4 of 10 11. acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 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: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. 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 of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 5 of 10 excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 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. 15. REIMBURSEMENT a. 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 $49,980.11. 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. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 6 of 10 INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 7 of 10 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 THE LAND This Agreement is a covenant running with the land, Parkview Unit 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. 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 one original, 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 ONE original, *this day of , 2015. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 By: Mossa Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, General Partner, for MPM Development, LP, and acknowledged before me on the day of 2015. Notary Public, State of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2015. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2015. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2015. Julian Grant, Senior Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 10 of 10 STATE OF TEXAS 4 COUNTY OF NUECES 4 STATE OF TEXAS COUNTY OF NUECES WE (NAME), HEREBf CERTIFY TIMI WE ARE TUE HOLDERS OF A AEN ON THE ISUD SUBDIVISION AN WCEDI TIE BOUNDARIES Of SE FOREGOING taAP PND TNT WE EAPPROVE XPRESSED E SUBDMSWN PNO DEDICATION FOR WE, THE GEORGE B. GLAND FAMILY LIMITED PARTNERSHIP. LID., HEREBY FOREGOING THAT WE ARE R THE PURPOSES AND CONBIOERnnONS THEREIN THE OWNERS OF THE LAND OF WITHIN THE BOUNDARIES AT THE FOREGOING PIAT, SUBJECT TO A LIEN IN FAVOR OF THAT TS HAVE HAD SAID LAND SURVEYED AND DI AI BROWN. PREVIOUS, STREETS ANO EASEMENTS AE SHOWN HAVE BEEN FEE SIMPLE DEDICATED, POB OR IF NOT EER AND DEDICATED, STREETS ARE HEREBY DEDICATED IN PEE . USE ET FOREVER. UANDG USE THAT THIS PIAT WAS�MADEAFOR TS ARE HEREBY THE PURPOSE DOFA DESCRIPTION ANDTED TO THE LDEOTCATION. THIS THE _ WY OF 20 MARILYNN C. rANKEE, GENERAL PARTNER STATE OF TEXAS COUNTY OF NUECES 5 THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY THIS THE DAY OF 20 AND FOR THE STATE DF TEXAS STATE of TEXAB 5 COUNTY OF NUECES § HM. REGISTERED SURVEYOR OF BASS k WEISH ENGINEERING, HEREBY CERTIFY THAT NAT THE FOREGOINGEPIATW. PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MT DIRECTION. IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SEF ALL LOT CORNERS UPON COMPLETION OF SUTIDMSIOry CONSTRUCTION IMPROVEMENTS WITHOUT OEM THIS THE _ DAY OF 20 NGIE3: 1zE B.5 OF BEARINGS IS ME STATE OF TEXAS LAMBERT GRID, SOUTH ZONE, NAD 4 0315 D, REV5ED AUGUST 3, 1989. ALL OF TE SUBIEtt RIME. FEMA 3. THE SUBJECT SITE CONTAINS 10.340 ACRES INCLUDING STREET DEDICATIONS. 4. THE RECENING MAT. FOR THE STORM PROPIS THE THE AQUATIC RRB PROP..' C UFF USE THE 050 BAY AS TFICEFDIONAIT CONTACT RECRFAD IMSTER OSE WATERS'. CEP ALSO CAIEGW02ED THE RECEIVING WAIEq AS S. PRIVATE ORFA,VAT ACCESS ONTO HOLLY ROAD SHALL BE PROHIBITED. C EEAND 16 SUB RCT tt1TCHAN¢Rosq IMINCWmt rMgfz ME urvIFlEO DEVELGPMwT N 0 500' 1000' 2000' SCALE. 1'= 1000' PPDOO WG NOV 19 2014 .1 J PLANNING COMMISSION LOCATION RR PLAT OF PARKVIEW UNIT 1 __ OCT 232014 113. 340 ACRE TRACT OF LAND, MORE OR LESS, A PORTION BF LO SECTION 32 FLOUR BLUFF AND ENCINAL FARM AN GARDEN TRACTS, A MAP OF WHICH Is RECORDED IN A, P. 41 - 43, MAP RECORDS, NUECES COUNTY, TX CORPUS CHRISTI, NUECES COUNTY, TEXAS MAFFce SCALE. 'P'4'5.0' BASS & WELSH ENGINEERING FIRM NO, F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 TITLE STATE OF TEXAS 5 COUNTY OF NUECES 4 TH5 INSTRUMENT WAS ACKNOWLEDGED BEFORE ME HY (TRE) OF THIS THE DAY OF 20� NOTARY PUiLIC, IN ANO FOR THE STATE OF ExAS STATE OF TEXAS 0 COUNTY OF NUECES 5 DERE OPMwiASERVICES OF THE CITYCOF eD,A ERTYI S PASROVEO BY THE DEPARTMENT OF DO2PYLOPMEMT SERVICES PENEX NEEft DATE STATE of TEXAS 5 COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF 20_.— HAIRMAN SECRETARY E PHIu J. RAKER., A.I.A., LEER AR M. GRIMSBO, P.E., AI.C.P STATE OF TEXAS COUNTY OF NUECES § I, DIANA i. BARRERA, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, 00 HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH RS CERDFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AL O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK IN THE MAP RECORDS OF SAID COUNTY IN VOLUME _. PAGE INSTRUMENT NUMBER WITNESOFFIICESINNTCD PUS AND NUECESECOUNn, EAST, THE DAAYN AND FANRIDSAID T.R T LAST DEPUTY COUNTY COURT NUECES COUNTY, TEXAS Exhibit 1 Page 1 of 2 O81 1'14= ri cl z, -L O 20 16 MOME VERDE AT TER. MAR UNIT 1. -828'39'45"E 1065.34' 13 12 10 [4 9 15,1 0 5/8 TR. ,8"E 8 2°23 6F ,an M 2 ,1529, 928'39'45""E° 185.21' " 8 5516 SF S2836.42.VO 100.06. 500 1, I ci ao°- _IJ 50°0 6F 00 SF 5000 SF rl N 5001 SF In - 83 - Io ° 5544 sF I ,°0.06 v � f 7 18 , 5255 264 SF 20,9 5262 SF 4 50 00 5261 SF 60 5259 6.9 SF 52'56' SF 57 SF 10 5256 5255 S 52 ., 50.06 4°E 102.96 0905 5253 263642w 659.09 HERMAN PARK DR. 828'38'42'E 938.32' N.28 5542. 865.32 3615E]°°° SFS 5 13 09' 4 66.°a 5°6 9.00 H0 6476 - 3z 6F -14 I:1 500 SF5000 SF -- 0051 ` 50.00 105E 50.00 rFN26 .lIr6 a00o E " ssoo sF l""- 00' S 55i003SF \-S28?38'42'W 275.00' 7. TEMPORARY ACCESS EASEI3.0T ,ERASX3EsN145,TIALL EXPIRE WHEN 50.00 13 SODD SF 50.00 0.08 0.0 500g 5E 0.00 5000 SF UE 50.00 5000 5 5000 5F 20 5000 SF 55.00 5S10 SF 5000 3000. 5000 JE 25 00 .00 50.00 55.00 50.00 50.00 50.00 50.00 55.00 50.00 0.00 50.00 528838'42"W 725.32' CURVE DATA O" R-ioaoo O P,.. -1,2,1Z"' 0 T=1519 .16 60 6.59 SSE 4x4,7ZE Cx=:,.35'„'E 11-11 Q F © R= '52, CH -16.51 E @mg- R - O cx=111.,9 O cx_fi4.6s 00=-516.1.18t 1313,73.0 ,2w cx=,11.19 E 0x111.00 "'" PLAT OF PARKVIEW UNIT 1 (CONTINUED) CORPUS CHRISTI, NUECES COUNTY, TEXAS NON 19 2014 J PLANNING COMMISSION DATE PTOTTED 9/56/14 HASS 4 WELSH ENGINEERING-"�'°"0 FPO NO. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 PLOT LE SHEET 0 z YUE 53.00 l o 8 62:3F Y O. 0785 5 ° F -2,O 1m io 8829 SF 44 9.75 IE64611. 'I a OLS+�E 88 5..0E}4.965 E UT ]96383' 3642I6F ITA 59.96 .E 143.261 o " i a0]I5F ,3 N L1 - 2E L I 1 Qo 6?4zw 97.40 F C" •" _ _ FT DAMS PARI T w20'30'a2'E 36.09' Q 1 ]]60 6F Imw 8 6276 0 528'38'42'W 0 30' 60' 120' SCALE' I'= 60' 113.00' 528'38'42'W 130.63' 561'21'18"E 35.00' 1 Al 08 Exhibit 1 Page 2 of 2 PUBLOC [IMPROVEMENTS TO PARWDEW MDT COPPUS CHRIISTO9 MUIECES COUNTY9 TEXAS CIELL33.1.3ELLISAMS .71==..'-' • • = KZ= " • =7.16.1117.11=." .-- • 0.1.041.1.1.44.1011-1125 "If umen...nartaligismi 6WETINISO e SM* •• I • • PAP C61.41[•••• MI spa ...mar P P•OP. • IL PI WIPP OKI te 1.1101.1. =MEM ••• — - M/S VW a. ••• ,M1-$1.11..1110-nalia-MIEMS LIMPWSIVKLERCLEZ_ KLIMEIRRIGIR PPP 4,{ 10,11•111.4111 013.01 i 5 77•477:17-1-'— _ ;aim r -wore rwrr Ing NFL nvoupommAmAa o...woress.m.memmAmemamemA •-• -• 1.7 "'" ••"• SCAM—SACILISUALIA-0010100. ••••• •'`` • ••••• ••••" CALL BEFORE YOU DIG! USER.. MOTES ..71.2.1•11.4:173.711-.W.Mr",r-ls•rj. 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PO KW or VW Ir ommeram 1011 • ESTIMATE SUMMARY ivalv 109 rr 101 WI Mann. ▪ OV WAS ▪ ai WE ma *MN ▪ Pa Mat • S28'313'A2I9 725.32' 1.9111. mam 1r MVP So emm w•r —`a— r ' TYPICAL SECTIQ4 STABILIZED CDNSTRVCTIGI ENTRANCE FIT I HT inn PArvNTIQT MRs ^L• r.TDsrmATMT• SCAMI rr_T•x ^ •SS SMO •CISH LnGr ADDU 11•W10.EMTTs to corns G1 I11 ALDUS to 11 snow •.rw Mum. PP[vfl.1DA PW1. {fl.uTL svo .•Y Aw0 IASL •.P" Exhibit 2 Page 4 of 5 TYPICAL STREET SECTION — 50' R0w Exhibit 2 V way n am. ager �44 =. LAMP= _rZ=1".Z._K.... ROT—IOC SIGN SUPPORT ASSiROIR DETAIL — E10 OF RO 0 BARRICADE INSTILLATION (TYPE OL — IR OBJECT LIMNERS) 044111,•IvHd NTNHNnl PanannellAn :or nu oHwwenn PE..{p..YRUS.lpM.. Onnn SRt5Bn I. Clnf _. .,.. R.ww.oRR.aR•s.mn . pUS .a...•r+� p. Ode ]01 idl.fl IQIf,! Ham .vans JL 6_ SIC. Pi. R31.I1.IHOH FDI, RTSIGWJW/Wl1ECRAL Y[mRL RRusQTIC.5 n 0355 Ya ;1018 01GR� n4R pans own, nan nnin PUBLIC IRFRDVEHCHIS 10 .M,10.1 Ltd 11 I COW. CHRISTI. MLLES CO. 51RTn wR SCE.. GOYS I. slab- ov Page 5 of 5 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Parkview Unit 1 Subdivision, hereby request reimbursement of $49,980.11, as provided for by City Ordinance No. 17092. $49,980.11 is the construction cost, including 11% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § z -l13 f rs Date This instrument was acknowledged before me on g -0,1a‘i � 3 , 2015, by Mossa Mostaghasi, President of MPM Development, LP. :� CINDY BUENO 'NoIr . Notary Punk STATE OF TEXAS My Comm Exp. 11-04-2015 CERTIFICATION Notary Public in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the skrrba n Main Trust Fund, and (b) Appropriation and approval by the City Council. ;velopment Services Engineer Exhibit 3 )111,17:±1 Date) 1 , FEB 1 3 2015 ,1EVELiIPMENT SERVICES SERVICES 1 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Parkview Unit 1 subdivision, hereby apply for $10.738.00 credit towards the water lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $60.718.11 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. ys -_ ............ Z 13 15� Date Mossa Mostaghasi, President MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Mossa Mostaghasi, President of MPM Development, LP. 4 CINDY BUENO Notary PuDIic STATE OF TEXAS My Comm Exr 11-04-2015 , 2015, by Notary Public in and for the State of Texas -v1i FEB 1 3 2015 DEVELOPMENT SERVICES SPECIAL SERVICES Exhibit 3 Page 2 of 2 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 1 ESTIMATE 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 14002 -PCE -ALL 02/23/15 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET & SURFACE ITEMS WATER ITEMS 1. 2" HMAC 5562 SY 18.00 $ 100,116.00 2. 1-1/2" HMAC 949 SY 17.00 16,133.00 3. 6" CURB & GUTTER 3827 LF 15.00 57,405.00 4. 6" LIMESTONE BASE 8211 SY 17.00 139,587.00 5. 8" LIME STABILIZED SUBGRADE TO 1'BC 7263 SY 8.00 58,104.00 6. 4" THICK R/C WALK 15320 SF 4.00 61,280.00 7. 5' R/C VALLEY GUTTER 74 LF 60.00 4,440.00 8. CLEARING & GRUBBING 1 LS 2,500.00 2,500.00 9. EXCAVATION 1 LS 60,000.00 60,000.00 10 STREET SIGNS 4 EA 350.00 1,400.00 SUBTOTAL STREET & SURFACE ITEMS $ 500,965.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STORM SEWER ITEMS WATER ITEMS 1. 15" RCP 93 LF 32.00 $ 2,976.00 2. 18" RCP 308 LF 36.00 11,088.00 3. 24" RCP 781 LF 44.00 34,364.00 4. 30" RCP 216 LF 57.00 12,312.00 5. 36" RCP 297 LF 70.00 20,790.00 6. STORM MANHOLE 1 EA 3,500.00 3,500.00 7. 5' INLET SLOT POST TYPE 8 EA 2,800.00 22,400.00 8. END -OF -PIPE R/C 2 EA 900.00 1,800.00 9. TEMP END OF PIPE R/C 1 EA 900.00 900.00 SUBTOTAL STORM SEWER ITEMS $ 110,130.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SANITARY SEWER ITEMS WATER ITEMS 1. 10" PVC PIPE 1444 LF 60.00 $ 86,640.00 2. PAVEMENT AND WALK PATCH 1 LS 2,500.00 2,500.00 3. 8" PVC PIPE 1607 LF 50.00 80,350.00 4. FG MANHOLE 5' DIAMETER 3 EA 4,200.00 12,600.00 5. FG MANHOLE 4' DIAMETER 8 EA 3,500.00 28,000.00 6. 4" OR 6" PVC SERVICE 59 EA 500.00 29,500.00 7. DROP CONNECTION 1 EA 1,500.00 1,500.00 SUBTOTAL SANITARY SEWER ITEMS $ 241,090.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT WATER ITEMS 1. 8" PVC PIPE 930 LF 36.00 $ 33,480.00 2. 8" CAP TAPPED FOR 2" 4 EA 300.00 1,200.00 3. 8" GATE VALVE 4 EA 1,100.00 4,400.00 4. 8" MJ TEE 2 EA 350.00 700.00 5. 8" EL ANY ANGLE 5 EA 300.00 1,500.00 6. FIRE HYDRANT ASSEMBLY 3 EA 3,800.00 11,400.00 7. 6" EL, 90° DI 4 EA 250.00 1,000.00 8. 6" TEE, DI 2 EA 300.00 600.00 9. 6" CAP TAPPED FOR 2" 2 EA 200.00 400.00 10 6" X 30" PVC NIPPLE 12 EA 200.00 2,400.00 11. 6" GATE VALVE W/BOX 6 EA 950.00 5,700.00 12. 6" PVC PIPE 1332 EA 32.00 42,624.00 13. WATER SERVICE SINGLE 9 EA 400.00 3,600.00 14. WATER SERVICE DOUBLE 25 EA 480.00 12,000.00 15. 2" HDPE 405 LF 20.00 8,100.00 16. 2" CORP W/BOX 2 EA 300.00 600.00 17. PATCH PAVEMENT 1 LS 6,500.00 6,500.00 SUBTOTAL WATER ITEMS Exhibit 4 $ 136,204.00 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT OFFSITE WATER ITEMS (FOR CITY REIMBURSEMENT) 1. 12" PVC PIPE 474 LF 74.00 $ 35,076.00 2. 12" DUCTILE IRON PIPE REQUIRED AT SECTIONS BETWEEN MJ FITTINGS 40 LF 150.00 6,000.00 3. 12" TEE 2 EA 990.00 1,980.00 4. 12" 45° BEND 2 EA 770.00 1,540.00 5. 12" CAP CAPPED FOR 2" 1 EA 475.00 475.00 6. FIRE HYDRANT ASSY 1 EA 4,800.00 4,800.00 7. 6" GATE VALVE W/BOX 1 EA 980.00 980.00 8. 6" 90°EL 1 EA 300.00 300.00 9. 6" DIA. X 30" PVC PIPE NIPPLE 3 EA 250.00 750.00 10 TRAFFIC CONTROL DURING CONSTRUCTION FOR 12" WTR 1 LS 2,800.00 2,800.00 SUBTOTAL OFFSITE WATER ITEMS $ 54,701.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT MISCELLANEOUS CONSTRUCTION 1. BLANK 2" AND 4" CONDUIT FOR AEP 150 LF 20.00 $ 3,000.00 2. TRAFFIC CONTROL & BARRICADING PLAN (DURING CONSTRUCTION) 1 LS 6,000.00 6,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM) 4960 LF 2.00 9,920.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 SUBTOTAL OFFSITE WATER ITEMS TOTAL ALL CONSTRUCTION $ 22,420.00 $ 1,065,510.00 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 1 OFFSITE WATER REIMBURSEMENT ESTIMATE 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 14002-PCE-WTR 02/12/15 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT OFFSITE WATER ITEMS (FOR CITY REIMBURSEMENT) 1. 12" PVC PIPE 474 LF 74.00 $ 35,076.00 2. 12" DUCTILE IRON PIPE REQUIRED AT SECTIONS BETWEEN MJ FITTINGS 40 LF 150.00 6,000.00 3. 12" TEE 2 EA 990.00 1,980.00 4. 12" 45° BEND 2 EA 770.00 1,540.00 5. 12" CAP CAPPED FOR 2" 1 EA 475.00 475.00 6. FIRE HYDRANT ASSY 1 EA 4,800.00 4,800.00 7. 6" GATE VALVE W/BOX 1 EA 980.00 980.00 8. 6" 90°EL 1 EA 300.00 300.00 9. 6" DIA. X 30" PVC PIPE NIPPLE 3 EA 250.00 750.00 10 TRAFFIC CONTROL DURING CONSTRUCTION FOR 12" WTR 1 LS 2,800.00 2,800.00 SUBTOTAL CONSTRUCTION 11% ENGINEERING, SURVEYING, AND TESTING SUBTOTAL LESS WATER DSITRUBUTION LOT FEE VALUE TOTAL AMOUNT REIMBURSEABLE $ 54,701.00 6,017.11 $ 60,718.11 10,738.00 $ 49,980.11 Exhibit 4 Page 3 of 3 • City of 1/1 Corpus E. Christi DISCLOSURE OF INTERESTS City of Carpe Chriatl, Tuan Department of Development Sery iecs P 0 Box 9277 Corpus Christi. Texas 78469-9277 (361) 826.3240 Located at 2406 Leopard Street (Corner of Leopard Si. and Pori Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development LP STREET: PO Box 331308 CITY: Corpus Christi 78463 FIRM is: ❑ Corporation vePartnership ❑ Sole Owner ❑ Association ❑ 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 "fine". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the 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 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: Moses Mostaghasi Title: Owner (Print) Signature of Certifying Person: Date: 2-24-2015 K OEVELOFMENTSVCSLSIWRE1LAND DEVELOPMENPORDTh ANCE ADMINISTRATIONWFPL!CATION FORMeIFORMS AS PER LEO AL tzal2,DISCLOSURE OF INTERESTS STATEMFMI.27 I2.DOC Exhibit 5 Page I of 2 DEFlNITIONS a. "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. 'Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K IDEVELOPMENTSVCSL91WiEDALAND DEVELOPMEMIORDINANCE ADMINISTRATION APPLICATION FORMS4FORMS AS PER LEOALL2OI24DISCLOSURE OF INTERESTS T4 Exhibit 5 Page 2 df 2 STATEMENT] 27 I2.0OC PARKVIEW UNIT 1 AERIAL OVERVIEW MAP AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: March 16, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of a utility easement out of a part of Lot 29, Tract N, Bass Subdivision CAPTION: Ordinance abandoning and vacating a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 29, Tract N, Bass Subdivision, located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of-way; and requiring the owner, George V. Piperis, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the property. BACKGROUND AND FINDINGS: George V. Piperis (Owner) is requesting the abandonment and vacation of a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement out of a part Lot 29, Tract N, Bass Subdivision, located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the future development of the property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 29, Tract N, Bass Subdivision, located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of- way; and requiring the owner, George V. Piperis, to comply with the specified conditions. WHEREAS, George V. Piperis (Owner) is requesting the abandonment and vacation of a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 29, Tract N, Bass Subdivision; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of George V. Piperis ("Owner"), a 3,066.16 - square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 29, Tract N, Bass Subdivision, located north of the Saratoga Boulevard (SH 357) state right- of-way, and east of the Airline Road public street right-of-way, as recorded in Volume 7, Pages 17-18, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A", which is a metes and bounds description of the subject portion, and Exhibit "B" and Exhibit "C", which are field notes maps, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES EXHIBIT "A" BEING A 3066.16 SQUARE FEET (0.070 ACRES) TRACT OF LAND OUT OF A 15.0 FT. UTILITY EASEMENT DESCRIBED IN DOCUMENT NO. 2001002252 FILED AND RECORDED IN THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT ALSO BEING OUT OF TRACT "N", LOT 29, BASS SUBDIVSION, A MAP OF WHICH I5 RECORDED IN VOLUME 7, PAGES 17-18 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 3066.16 SQUARE FEET BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE COMMON SOUTHERNMOST CORNER OF TRACT "M", LOT 29 AND WESTERNMOST CORNER OF TRACT "N", LOT 29, FOR THE SOUTHWEST CORNER OF SAID 15.0 FT. UTILITY EASEMENT, SAID SOUTHWEST CORNER ALSO BEING IN THE NORTHEAST RIGHT-OF-WAY LINE OF SARATOGA BOULEVARD; THENCE NORTH 29 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT LYING ALONG THE EAST BOUNDARY OF SAID TRACT "M" AND THE WEST BOUNDARY OF SAID TRACT "N", FOR THE SOUTHWEST CORNER OF THIS TRACT AND THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 204.42 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTH 60 DEGREES 47 MINUTES 53 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 29 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 204.42 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 60 DEGREES 44 MINUTES 20 SECONDS WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3066.16 SQUARE FEET (0.070 ACRES) OF LAND, MORE OR LESS. TRACT "L" EXHIBIT "B" BEING A 3066.16 SQUARE FEET (0.070 ACRES) TRACT OF LAND OUT OF A 15.OFT. UTILITY EASEMENT DESCRIBED IN DOCUMENT NO. 2001002252 FILED AND RECORDED IN THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT ALSO BEING OUT OF TRACT "N", LOT 29, BASS SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOLUME 7, PAGES 17-18 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS POINT OF BEGINNING N29°00'00"E 15.00' TRACT "M" • /560°47'53"E J_ 15.00' TRACT "N" POINT OF COMMENCING N60°4420"W 15.00' ti\ R S. MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE NO. 3419 THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEMA MAPS AND FOUND THAT THE HEREIN SHOWN PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA ZONE C THIS THE 6TH DAY OF JANUARY 2015 REFERENCE: VOLUME 7 PAGE(S) 17-18 MAP RECORDS NUECES COUNTY, TEXAS. EXHIBIT "C" LOCATION MAP NOT TO SCA VICTOR S. MEDINA :41Q 3419 .2 •- r. "�•°"Essto " 0 VICTOR S. MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE NO. 3419 Sq ix w z � qi e4 b0 Sq�ORq SITE SR q gT0cq e� fro 0 w rx EXHIBIT "C" LOCATION MAP NOT TO SCA VICTOR S. MEDINA :41Q 3419 .2 •- r. "�•°"Essto " 0 VICTOR S. MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE NO. 3419 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: March 25, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for Wedgewood Terrace Unit 3 located north of Yorktown Drive and West of Flour Bluff Drive, in the southwest portion of Flour Bluff CAPTION: Ordinance exempting Wedgewood Terrace Unit 3 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the developer of Wedgewood Terrace Unit 3 from paying $15,003.05 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: The developer, Mohammed Rezaei, Luxury Spec Homes, is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for Wedgewood Terrace Unit 3 by providing an exemption for this area. The subject property is located north of Yorktown Drive and West of Flour Bluff Drive, in the southwest portion of Flour Bluff. Currently, this area does not have any wastewater services available. The adopted Master Plan for this area requires a lift station, its associated force main and several trunk mains to serve the subject property. It is Staff's opinion that wastewater facilities will not be available within the next 15 years unless these improvements are included in a bond project. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. Agenda Memorandum Exemption of Wastewater Lot/Acreage Fees Wedgewood Terrace Unit 3 Page 2 ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $15,003.05 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. Exempt the developer from payment of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. Conditions in the agreement are that when public wastewater services become available, the property owners would connect to the wastewater line and pay the applicable pro -rata fee, tap fee and surcharge fee. If public water services become available within the next 15 years, the property owners would also be required to pay the applicable wastewater lot and acreage fees. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On January 28, 2015, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: None (K:\DEVELOPM ENTSVCS\SHARED\LEGISTAR\2015 CC AGENDA ITEMS\4-14-2015\WEDGEWOOD TERRACE - WASTEWATER EXEMPTION\WEDGEWOOD TERRACE UNIT 3.EXEC SUMMARY MEMO.DOC) Agenda Memorandum Exemption of Wastewater Lot/Acreage Fees Wedgewood Terrace Unit 3 Page 3 RECOMMENDATION: On January 28, 2015, the Planning Commission and Staff recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement (K:\DEVELOPM ENTSVCS\SHARED\LEGISTAR\2015 CC AGENDA ITEMS\4-14-2015\WEDGEWOOD TERRACE - WASTEWATER EXEMPTION\WEDGEWOOD TERRACE UNIT 3.EXEC SUMMARY MEMO.DOC) ORDINANCE EXEMPTING WEDGEWOOD TERRACE UNIT 3, NORTH OF YORKTOWN BOULEVARD AND WEST OF FLOUR BLUFF DRIVE, FROM THE PAYMENT OF WASTEWATER LOT/ACREAGE FEES PURSUANT TO SECTION 8.5.2.G.1. OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Wedgewood Terrace Unit 3 (Subdivision) is located north of Yorktown Boulevard and west of Flour Bluff Drive and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot and acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1. of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the subdivision be exempt from the payment of wastewater lot and acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Wedgewood Terrace Unit 3 (Subdivision) is located north of Yorktown Boulevard and west of Flour Bluff Drive, is not likely to be served by City wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot and acreage fees at this time, pursuant to Section 8.5.2.G.1. of the Unified Development Code of the City of Corpus Christi, SECTION 2. The exemption from the payment of wastewater lot and acreage fees, pursuant to Section 8.5.2.G.1. of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: 1) That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit «A„ 2) That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata and tap fees at the rate in effect at the time of connection to City wastewater. Page 1 of 2 3) That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. 4) That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2015 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Mohammed Rezaei, 5534 Marblewing Drive, Corpus Christi, TX 78414, hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the Unified Development Code, hereinafter called UDC, has submitted the plat for Wedgewood Terrace Unit 3, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat; and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, it has been determined that the area will not likely be served by the City wastewater services within the next fifteen (15) years; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer/Owner agree as follows: 1. The Developer/Owner of the lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property. b. To pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat. c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater. d. To subdivide the lot no further than what is shown on the plat attached as Exhibit 1; further subdivision of the lot voids this agreement. Sanitary Sewer Connection Agreement Wedgewood Terrace Unit 3 Page 2 of 6 Developer/Owner's liability pursuant to this Agreement as to each lot shall cease upon Developer/Owner's conveyance of the lot to a third party purchaser provided that Developer/Owner conditions each conveyance with the requirement that the subsequent owner of each lot is bound to comply with Developer/Owner's obligations hereunder. Developer/Owner shall incorporate the substantive terms of this Agreement in the Deed Restrictions, and such inclusion in the Deed restrictions shall constitute compliance with this paragraph. 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City/County Health Department in compliance with State and local regulations. b. To allow the Developer/Owner to record the plat and not require wastewater line construction. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO WEDGEWOOD TERRACE UNIT 3, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TO WEDGEWOOD TERRACE UNIT 3, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL Sanitary Sewer Connection Agreement Wedgewood Terrace Unit 3 Page 3 of 6 EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED this day of , 2015. DEVELOPER/OWNER: Mohammed Rezaei 5534 Marblewing Drive Corpus Christi, TX 78414 Mohammed Rezaei STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mohammed Rezaei and acknowledged before me on this , day of , 2015. Notary Public, State of Texas Sanitary Sewer Connection Agreement Wedgewood Terrace Unit 3 Page 4 of 6 CITY OF CORPUS CHRISTI: Daniel M. Grimsbo, P.E. Director, Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Daniel M. Grimsbo, P.E., Director, Development Services Department, for the City of Corpus Christi, Texas, and acknowledged before me on this the day of , 2015. Notary Public, State of Texas APPROVED AS TO FORM ONLY this day of , 2015. By: Julian Grant Senior Assistant City Attorney For City Attorney AGREEMENT becomes effective and binding from and after the date that the original copy has been executed by all parties. Sanitary Sewer Connection Agreement Wedgewood Terrace Unit 3 Page 5 of 6 Es 2 EXHIBIT 1 (K:\DEVELOPMENTSVCS\SPECIALSERVICES\PLATS\EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3.SANITARY SEWER CONNECTION AGREEMENT.DOC) Sanitary Sewer Connection Agreement Wedgewood Terrace Unit 3 Page 6 of 6 EXHIBIT 1 (K:\DEVELOPM ENTSVCS\SPECIAL SERVICES\PLATS\EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3.SANITARY SEWER CONNECTION AGREEMENT.DOC) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 14, 2015 Second Reading Ordinance for the City Council Meeting of April 21, 2015 DATE: March 20, 2015 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Director Communication, Media Relations & E -Government Kimw@cctexas.com (361) 826-3211 Amending Code of Ordinances to disband the Cable Communications Commission CAPTION: Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 2 and Chapter 55 regarding disbanding of the Cable Communications Commission PURPOSE: To disband the Cable Communications Commission and move any remaining administrative functions to the Communication Department. BACKGROUND AND FINDINGS: The Cable Communications Commission was created in 1982 to regulate the municipal cable franchises. Corpus Christi's municipal cable franchise was dissolved with state law in June of 2012. Since then the duties of the Cable Communications Commission have changed to primarily regulate public access channel rules and procedures. The Cable Communications Commission has had 12 commissioner vacancies and 11 meetings cancelled due to lack of quorum in the last three years. The Cable Communication Commission analyzed the duties and recommended the commission be disbanded. They also recommended any public access administrative functions be assigned to the Communication Department. The Code of ordinances reflect the changes necessary to disband the commission and move the outstanding duties to the Communication Department. The primary changes will result in the Communication Department administering the public access rules and procedures instead of the Cable Communication Commission. The Communication Department welcomes the changes and does not foresee any excessive workload issues for taking on the administrative duties. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Members currently serving on the Cable Communications Commission would be eligible to serve on other boards or commissions. CONFORMITY TO CITY POLICY: None Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency; Two Readings required. DEPARTMENTAL CLEARANCES: Communication Department Legal Department City Secretary FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): None Comments: No financial implications. RECOMMENDATION: Approval LIST OF SUPPORTING DOCUMENTS: Ordinance Cable Communication Commission Minutes 1 Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 2 and Chapter 55 regarding disbanding of the Cable Communications Commission Whereas, the City of Corpus Christi was previously authorized to issue municipal franchises to cable companies with requirements as to rates, build out of facilities and customer service among other issues; Whereas, the Corpus Christi Cable Communications Commission was established by Ordinance Number 017123 on July 14, 1982; Whereas, the Corpus Christi Cable Communication was previously charged with regulation of the municipal cable franchises; Whereas, due to changes in Federal and State laws, City authority to require franchise and regulate rates has been eliminated; the Public Utilities Commission of Texas has sole authority to issue certificates to allow cable companies to operate in a municipality; Whereas, the Cable Communications Commission's main function under current ordinance is to regulate public access channel rules and procedures; Whereas, it has been difficult to locate citizens to serve on the Cable Communications Commission, with vacancies occurring frequently; Whereas, the Cable Communications Commission recommends that regulation of the public access rules and procedures be handled administratively by City staff; Whereas, the Cable Communications Commission has reviewed this ordinance at its meeting on January 19, 2015, and recommends that the Cable Communications Commission be disbanded; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That City Code of Ordinances, Chapter 2, Article IV Miscellaneous Boards, Commissions and Committees, Division 17, regarding Cable Communications Commission, be repealed in its entirety, and Cable Communications Commission is hereby disbanded. Sec. 2 180. Establishment. Sec. 2 181. Membership and organization. Sec. 2 182. Duties. Sec. 2 183. Access user groups. Secs. 2 18/1 2 203. Reserved. 2 Sec. 2 180. Establishment. There is hereby created a Cablc Communications Commission for thc city. Thc Cablc Communications Commission shall consist of five (5) residents of the city appointed by the city council. No person or employee with ownership interest in a cable communications franchise granted by the city council shall be eligible for membcrship on thc commission. Each commission mcmbcr is encouraged to have access to local cable communications system programming. 'Ord. No. 02970/1. § 3, 12 18 2012} successors are appointed and qualified. Terms shall expire July 27 each year. select from its membership a chairperson and vice chairperson whose terms shall be one (1) year. Such chairperson and vice chairperson may be reappointed and re elected. The commission shall meet in regular monthly meetings, to include four ('I) evening meetings, at the call of the chairperson, and at such other times as may be provided by its rules. The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval ..-- be public except for matters which qualify for a closed cession in accordance with state law. Thc compensation. (Ord. No. 029704, § 3, 12 18 2012) Sec. 2 182. Duties. (1) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (2) To work with access user groups to develop rules and regulations. (3) ('1) To develop sources of funding, including but not limitod to privato foundation or fodoral or stato grants, to further community programming. Report annually to the city council in writing giving a comprohonsivo and curront viow of tho cable communications in the city and recommending any appropriate actions including amendments to the ordinance. (5) To acquaint itself with technological and service developments in thc cablc communication& industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (6) To certify access user groups, and reporting such certification to the city secretary. council in 2002, as amended. (8) To resolve disputes concerning program content, allocation of access funding, channel space, and channel time. (9) To coordinate access activities of access users and user groups. (Ord. No. 02970/1, § 3, 12 18 2012) 3 Sec. 2 183. Acces user groups. (a) One (1) access user group may be established for governmental channel access or educational channel access. Each public access channel, must establish an access user group. All user groups, following duties and responsibilities: (1) To follow guidelines, rules and regulations for the use of applicable access channels, subject to approved by city council in 2002, as amended. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access users in television production methods and techniques. (5) (6) (7) (8) and access channel programming. To promote public awareness, use, and viewership of access television programming and actively seek additional membership from among individuals or groups in the access user group's area of interest. To administer guidelines, rules and regulations for use of the appropriate access channels. To review program content to ensure compliance with established laws, rules and regulations. To establish its own bylaws concerning organization and decision making within the access user group. A copy of such bylaws shall be submitted with the access user group's application for certification. Changes to such bylaws shall be filed with the chairman of the Cable occurs. (b) Membership on the access user groups may be composed of any individuals who are residents of Corpus Christi as well as representatives of various community, public interest or ncighborhood groups which are located in Corpus Christi. Membership may also include, as appropriate, representatives of: independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access user groups shall be publicly posted on the public notices bulletin be open to the public. (c) The access user groups should include, but not be limited to, the following: (1) Governmental access group. Membership may include interested city department heads, or their lie within the city limits. (2) Higher educational access group. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access group. Membership may include representatives of all public independent school districts located in whole or in part within the city limits. (4) Reserved. as well as representatives of community, public interest, or neighborhood groups which arc located in Corpus Christi. Notwithstanding any other provision of this section, representatives of franchised cable operators may be members of the public access group. 4 (d) Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. (Ord. No. 02970'1, § 3, 12 18 2012) Secs. 2-184-2-203. Reserved. SECTION 2. That City Code of Ordinances, Article Chapter 55, Article XVIII Cable Communications Services, Division 1, regarding Public Access Rules and Procedures be amended, with deletions shown as struck -through text, and new text shown as underlined text, as follows: DIVISION 1. MISCELLANEOUS PROVISIONS REGARDING PUBLIC ACCESS CHANNEL RULES AND PROCEDURES Sec. 55-443. Rules and procedures for public access cablecasting. Sec. 55-444. Rules for participation. Sec. 55-445. Technical standards and production requirements. Sec. 55-446. How programs are scheduled and cablecast. Sec. 55-447. Defined terms. Sec. 55-448. Amendments to rules and procedures for public access cablecasting. Sec. 55-449. Violation of rules. Sec. 55-443. Rules and procedures for public access cablecasting. Channel space on public access channels is available to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs on accepted media, as defined in section 55-447, will be cablecast by all state - franchised cable operators as provided by state law. Requests for live feeds may be made in accordance with guidelines adopted by the City Director of Communications Department. To assist with diversity of programming, the number of public access programs originating from programming conducted by one organization is limited to six unless scheduling allows. These rules may be amended by City Council. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-444. Rules for participation. Producers must complete and sign an application for public access cablecasting. By signing the application, the producer states and agrees that the following rules will be observed: (a) (b) All programs must be produced by a producer as defined in section 55-447. No program shall be of a commercial nature as defined in section 55-447. (c) No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non-profit status in the State of Texas. Maximum time to request contributions in a program is five (5) minutes. (d) No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has not been obtained prior to being submitted for broadcast. 5 (e) No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. (f) No program shall be transmitted which contains obscene or indecent material. (g) All programs must include proper program identification as defined in section 55-447. (h) All programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least twenty-five (25) per cent locally produced original content. (i) Producer must maintain current home and mailing address with PAUG and notify PAUG of change within ten (10) working days of move. Except as otherwise permitted by applicable law, neither the PAUG, cable operators, nor the City will restrict the content of any program. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-445. Technical standards and production requirements. (a) Conformance. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not be out of compliance with any applicable FCC Technical Standards. (b) Quality. Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. (c) Format. (1) Producers must transfer all programming to accepted media as defined by subsection 55-447(a). (2) As technology changes and formats become more common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the City Director of Communication department. (d) Labeling. All producers must clearly label their media as follows: (1) On face of the accepted media: a. Title of the program as it appears on the application. b. Production date. (2) On case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and/or e-mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (e) Identification. (1) Programs must include the program identification as defined in section 55-447. (f) Length. (1) All one-hour programs must be sixty (60) minutes in length, including the program identification. (2) All half-hour programs must be thirty (30) minutes in length, including the program identification. (3) Occasional programming beyond sixty (60) minutes (such as high school sporting events) may be included pursuant to rules established by the City Director of the Communication Department. (4) Only one (1) program may be recorded on each media submitted. 6 (g) Deadline. Programs on accepted media must be delivered to and picked up from the City Director of Communication Department before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments. (h) Weekly log required. A weekly log of the schedule list that indicates delivery of media by the producers will be provided to the City Director of Communication Department each week when the media is delivered to the City Communication Department. (Ord. No. 029704, §§ 1 and 2, 12-18-2012; Ord. No. 030077, § 1, 2-11-2014) Sec. 55-446. How programs are scheduled and cablecast. (a) The City Communication Department shall arrange for playback of public access programming according to the schedule provided by the PAUG. A PAUG schedule change may be requested on the first and third week of the month resulting in a maximum of two schedule changes per month. In addition, one-hour programming cannot be scheduled to begin during 11:30 p.m. through 12:30 a.m. During equipment upgrades or planned outages, with notice to the PAUG presidents, the City Communication Department may exercise option to replay previous week of programming instead of new programming for that week. (b) The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to City Communication Department. (c) Public access for series producers. The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. (d) Time slots. Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi-annual time slot lottery. (e) Each producer may have only one (1) series. (f) Only programs created by producers, as defined in section 55-447, are eligible to participate in the semi-annual lotteries and to be transmitted as a public access program. (g) Application. No later than the time of the bi-annual time slot lottery each producer must submit a completed public access cablecasting application form approved by the City Director of the Communication Department to their respective PAUG Board of Directors. If either home or mailing address should change for any reason, producer shall update within ten (10) working days of change in address, with the correct home and mailing address. Failure to comply can be grounds for removal from the public access channels for the remainder of the lottery period or sixty (60) days, whichever is longer. (h) The PAUG Board of Directors will provide copies of applications to the City Communication Department no later than two (2) weeks after the time slot lottery is conducted. (i) Access Channels (10 or 18): An individual producer must select one (1) channel for cablecasting of both first -run and repeat showings. The same programs cannot be run on both channels during the same lottery period. (j) Lotteries and schedules. There are two (2) lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. (k) Producers or the producer's authorized representative will attend the time slot lottery as noted in subsections (1) and (2) below. "Producer's authorized representative" means the person that has been authorized in writing signed by the producer to represent the producer at the lottery for purposes of drawing timeslots. Lotteries are open to the public and will be conducted as follows: (1) (m) 7 (1) The spring lottery is conducted in the last fourteen (14) days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day, time and place of the lottery. (2) The fall lottery is conducted in the last fourteen (14) days of October with the new time slots actually beginning on the first Sunday in December. The PAUG Board of Directors shall determine the day, time and place of the lottery. (3) The public access time schedule will be broken into thirty -minute intervals. (4) Each producer (or the producer's authorized representative) will randomly draw a lottery number. (5) The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. (6) (A) After all producers (or their authorized representative) have selected time slots for their first run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one (1) repeat cablecast in same or reverse order as the initial time slots were selected. If there are any available time slots after the repeat schedule is established, then the PAUG Board of Directors shall select programming from a rotation list that is based on the primary lottery results, starting with the lowest number, for a third time slot, but only to the extent time slots are available. However, a new programming submitted after the lottery shall have precedence over third time slots. (B) A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back to back). A program may be cablecast as an original and repeated once in subsequent lottery periods. (C) Programs with original production dates older than 4 years from the proposed air date shall not be shown on public access. (7) Producers of monthly programs will have one (1) original cablecast to be repeated each week in the same allotted time slot for the remainder of the month. (8) One (1) spring and one (1) fall lottery will be executed for Channel 10 by the Channel 10 PAUG and one (1) lottery executed for Channel 18 by the Channel 18 PAUG. (9) A person may serve as an authorized representative for up to four(4) producers. Public access for occasional producers. Single time slots of lengths as noted above in section 55-445, length, will be available for occasional producers on a first-come, first-served basis. Occasional producers must complete a public access cablecasting application prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt of completed application by member of PAUG Board of Directors. (n) No programs will be scheduled during holidays, unless automated programming allows as determined by City Director of Communication Department or designee. (Ord. No. 029704, §§ 1 and 2, 12-18-2012; Ord. No. 030077, § 1, 2-11-2014) Sec. 55-447. Defined terms. Accepted media. A recorded program on accepted media produced by a public access producer and submitted for cablecasting on public access channels. The term "accepted media" refers to: (1) Audio video CD MPEG-2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). (2) DVD + R MPEG-2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). Commercial programming. 8 (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any commercial business, service or product is prohibited; or (2) Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The City Director of Communication Department may develop guidelines concerning advertisement on public access programs. Complaints. Communication to the City Director of Communication Department regarding violation of Rules and Procedures for Public Access Cablecasting. Holidays. Official City holidays including Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming. Programming created in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Producer. Any resident of Corpus Christi, eighteen (18) years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the PAUG and must execute an approved application form. A producer, by way of definition, is an individual who meets the above stated requirements and participates in or is responsible for the creation of a local, noncommercial program for the public access channels. If the local, noncommercial program is created by a local organization, such as a church, one (1) person who meets the above requirements must be designated as the producer and will represent the organization with the PAUG. For identification purposes, this person's name will appear on program identification, in video, and printed on labels. Program identification. The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the video at the beginning of each program, or within the first thirty (30) seconds. A tag at the end of the program is optional. Public access channel (sometimes herein "channel"). This is the cable television channel or channels on which public access programs are cablecast. Public access time allocated schedule. The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi-annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Public Access User Group (PAUG). Membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups. PAUGs are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. Each public access channel must establish a PAUG. All PAUGs, by application to the city secretary, must be certified by the City Director of Communication Department. Producers organize themselves according to by-laws, electing among themselves officers and a board of directors. Each producer present is entitled to vote on all matters pertaining to establishment of PAUG by-laws and election of officers. All membership meetings of the Public Access User Group shall be publicly posted on the public notices bulletin board of City Hall and filed with the City Secretary at least 72 hours in advance of any meeting. Upon certification, a public access user group shall have the following duties and responsibilities: (1) To follow guidelines, rules and regulations for the use of applicable access channels. Public access producers must establish an access user group for each public access channel and follow the Rules and Procedures for Public Access Cablecasting as established in the Master Cable Services Regulatory Ordinance approved by city council in 2002, as amended. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access users in television production methods and techniques. 9 (4) To report monthly to the City Director of Communication Department on the utilization of access channel space and access channel programming. (5) To promote public awareness, use, and viewership of access television programming and actively seek additional membership from among individuals or groups in the access user group's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access channels. (7) To review program content to ensure compliance with established laws, rules and regulations. (8) To establish its own bylaws concerning organization and decision making within the access user group. A copy of such bylaws shall be submitted with the access user group's application for certification. Changes to such bylaws shall be filed with the City Director of Communication Department within thirty (30) days after -any change occurs. Repeat program. A program which was previously aired on any public access channel during the same lottery period. Series. A locally produced public access show from a single producer. A series can be either weekly or monthly. (Ord. No. 029704, §§ 1 and 2, 12-18-2012; Ord. No. 030077, § 1, 2-11-2014) Sec. 55-448. Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council at any time following recommendation from the City Director of Communication Department. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-449. Violation of rules. (a) [Generally.] Producers must follow all Rules and Procedures for Public Access Cablecasting. (1) If a producer and series has been removed for violations that producer and series may not air as an occasional user during the removal period. (2) A producer may appeal decisions of the City Director of Communication Department to the Assistant City Manager by submitting a sworn written notice of appeal to the City Secretary within thirty (30) days of the rendition of the decision. The decision of the Assistant City Manager shall be final. (b) Violations of section 55-444 (1) No program will be permitted to air over the public access channels if a producer or program has violated one (1) or more of the rules identified in section 55-444 (2) It shall be the responsibility of the PAUG Board of Directors to periodically monitor the programs that are aired on public access television and to report any and all section 55-444 violations that are observed, to the City Director of Communication Department, using the appropriate form and procedures set forth herein. Complaints about violations of section 55-444 rules must be submitted in writing to the City Secretary's office or through an online form at www.cctexas.com/ccc/complaint. The complaint will be forwarded to the City Director of Communication Department for resolution. (4) Producers will receive written notice of the complaint, and a statement that failure to provide a written statement of explanation within fourteen calendar days will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (3) (5) 10 The City Director of Communication Department will review the complaint and the response and determine whether a violation has occurred. The producer will receive written response of the determination. Producers will be informed in writing that three (3) section 55-444 violations within a six-month period will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (6) If a section 55-444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the City Director of Communication Department by the PAUG Board of Directors for review and discussion with the producer. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. (c) Forfeit of use of public access channels. (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut-off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut-off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. (2) PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedule will be submitted to the City Director of Communication Department within the first seven (7) days of each month.(3) If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the City Director of Communication Department. (4) If a weekly series producer fails to supply media by the established time for four (4) consecutive weeks, that producer and series will forfeit his/her time slots and the use of the public access channels for sixty (60) days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two (2) consecutive months, that producer and series will forfeit his/her time slots and the use of the public access channels for six (6) months. Turning in blank media that will not play correctly is the same as not turning in media. (d) Violations of section 55-446 Complaints for violations of section 55-446 may be submitted to the City Director of Communication Department. The director will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party. The determination of the City Director of Communication Department shall be subject to review by the Assistant City Manager. The determination of the Assistant City Manager shall be final. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 11 MINUTES CABLE COMMUNICATIONS COMMISSION January 19, 2015 PRESENT Amy Aldridge Sanford, Walter DeVille and Lyle Smitson ABSENT None CITY STAFF Lisa Aguilar, City Attorney and Kim Womack, Director of Communication Mr. Smitson called the meeting to order at 6:05 p.m. and verified the necessary quorum. CONSIDERATION FOR EXCUSED ABSENCES None REVIEW AND POSSIBLE ACTION REGARDING MINUTES Mr. DeVille motioned to accept the October and December meeting minutes with Dr. Sanford seconding; all Commissioners present were in favor. REVIEW AND POSSIBLE ACTION REGARDING PUBLIC ACCESS VIOLATIONS AND APPEALS The producer of The Ray Madrigal Show was not present. Mr. Madrigal has until the February meeting to respond. Mr. Akbar Abba was in attendance. He said the corrected the issue. Mr. Smitson motioned to issue no violation with Dr. Sanford seconding, all Commissioners present were in favor. REVIEW AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES UPDATE There was a brief discussion regarding age of media for air. Dr. Sanford motioned that the Rules and Procedures be amended to disqualify film programs older than five years from proposed air dates with Mr. DeVille seconding, all Commissioners present were in favor. Mr. Smitson motioned to approve the changes to the Rules and Procedures (including disbanding the Cable Communications Commission) to present to City Council with Dr. Sanford seconding, all Commissioners present were in favor. REVIEW AND POSSIBLE ACTION REGARDING TRANSFERRING CABLE COMMISSION RESPONSIBILITY ADMINISTRATIVELY This item was addressed during the Rules and Procedures agenda item. REVIEW AND POSSIBLE ACTION REGARDING DELIVERING MEDIA TO CITY HALL Ms. Womack announced that media will delivered to the basement studio offices effective immediately. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS Mr. DeVille motioned to accept Channel 10's media log for December with Dr. Sanford seconding; all Commissioners present were in favor. Dr. Sanford motioned to accept Channel 18's media log for December with Mr. DeVille seconding; all Commissioners were in favor. PUAG UPDATES Mr. Suver said everything is going well with Channel 18. Mr. Suver welcomes upcoming changes. Mr. Gordy said everything is going well with Channel 10. PAUG Channel 10 now has 92 programs PUBLIC COMMENT None AGENDA ITEMS FOR NEXT MEETING Violations and Appeals ADJOURNMENT OF MEETING Mr. Smitson motioned for the meeting adjourned at 6:46 p.m. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 14, 2015 Action Item for the City Council Meeting of April 21, 2015 DATE: TO: March 24, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Construction Contract Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $2,895,000 for the Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements for the Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Laguna Madre Wastewater Treatment Plan Head Works and Bar Screen Improvements. BACKGROUND AND FINDINGS: This project will replace the aging and non-functioning equipment in the Plant Lift Station, Influent Structure, Final Clarifiers, SCADA System, and Effluent Disinfection Facility. The existing equipment was put into service in 1983. Due to the harsh environment, there are significant corrosion issues causing equipment to no longer function. These proposed improvements include replacement of the mechanical bar screen, grit removal system, lift station pumps and piping, disinfection equipment, electrical control panels, new emergency generator, and other miscellaneous items. This project also provides a new Odor Control System that currently does not exist, and will eliminate nuisance odors to nearby communities. On February 18, 2015, the City received proposals from six (6) bidders and the respective bids are as follows: CONTRACTOR BASE BID Associated Construction Partners LTD Boerne, TX $2,895,000.00 Palacios Marine & Industrial Coatings, Inc. Palacios, TX $3,140,000.02 JS Haren Company Athens, TN $3,373,000.00 Lambda Construction I, LTD New Braunfels, TX $3,717,000.00 R M Wright Construction Co. El Paso, TX $3,797,000.00 Austin Engineering Co, Inc. Austin, TX $4,231,000.00 Urban Engineering conducted a bid analysis of the proposals the City received. The Engineer's Opinion of Probable Construction Cost (OPCC) is $3,212,700. Associated Construction Partners LTD bid was less than the Engineer's OPCC. After reviewing the Statement of Experience submitted by Associated Construction Partners LTD, Urban Engineering recommends the City of Corpus Christi award the construction contract to Associated Construction Partners LTD as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $368,700.00 $3,517,000.00 $1,400,000.00 $5,285,700.00 Encumbered / Expended Amount $368,700.00 $368,700.00 This Item $2,895,000.00 $2,895,000.00 Future Anticipated Expenditures This Project $465,216.00 $465,216.00 BALANCE $0.00 $156,784.00 $1,400,000.00 $1,556,784.00 Fund(s): Wastewater CIP #9 Comments: This project requires approximately 365 calendar days with anticipated completion in April 2016. The construction contract will result in the expenditure of an amount not to exceed $2,895,000. RECOMMENDATION: City Staff recommends approval of the construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $2,895,000 for the Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements FUNDS AVAILABLE: Wastewater CIP $5,285,700.00 FUNDS REQUIRED: Construction Contract (Associated Construction Partners LTD) (THIS ITEM) 2,895,000 Contingency (10%) 289,500 Engineer Fees: *Engineer (Urban Engineering) 377,954 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 50,662 Engineering Services (Project Mgmt/Constr Mgt and Observation) 101,325 Miscellaneous 14,475 TOTAL 3.728.916 ESTIMATED PROJECT BUDGET BALANCE $1,556,784 *Original Urban Engineering contract approved by City Council on October 30, 2012 by Motion No. M2012-190 Project Location Project #: E10048 Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS - PAGE 1OF1 Corpus Chr sti Capital Programs Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements Council Presentation April 14, 2015 Project Location 4c119(i4 Corpus Chr sti Capital Programs Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements Project Scope too Corpus Chr sti Capital Programs Includes the following replacements/improvements: ➢ Mechanical Bar Screen Replacement ➢ Grit Removal System Improvement ➢ New Odor Control System Improvement ➢ New Pumps and Piping Works at Plant Lift Station ➢ Disinfection Equipment Improvements ➢ Electrical Control Room Improvements ➢ New 500 Kw Emergency Generator ➢ SCADA System Improvements ➢ Miscellaneous Improvements Project Schedule too Corpus Chr sti Capital Programs 2015 2016 Fe b Mar Apr Bid & Award May Jun Jul Aug Sep Oct Nov Dec Jan Fe b Mar Apr Construction Construction Estimate: 365 Calendar Days N 1 Year Projected Schedule reflects City Council award of construction in April 2015 with anticipated construction completion by April 2016. ESTIMATED PROJECT BUDGET BALANCE Project Budget too Corpus Chr sti Capital Programs FUNDS AVAILABLE: Wastewater CIP $5,285,700.00 FUNDS REQUIRED: Construction Contract (Associated Construction Partners LTD) (THIS ITEM) 2,895,000 Contingency (10%) 289,500 Engineer Fees: *Engineer (Urban Engineering) 377,954 Reimbursements TOTAL 166,462 3,728,916 $1,556,784 *Original Urban Engineering contract approved by City Council on October 30, 2012 by Motion No. M2012-190 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 14, 2015 Second Reading for the City Council Meeting of April 21, 2015 DATE: April 9, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Resolution Bond 2012 Resolution Directing Staff Resolution directing staff to proceed with bidding remaining Bond 2012 Projects; and providing direction on specific projects. PURPOSE: The purpose of this Agenda Item is to provide direction on specific Bond 2012 projects. BACKGROUND AND FINDINGS: At the regular council meetings of January 27, 2015 and February 17, 2015, staff presented the City Council with information related to the Bond 2012 program regarding various alternatives to include budget short falls, bike lanes, concrete vs. HMAC (asphalt), etc. As a result of these presentations and subsequent discussions staff developed these resolutions for the final Council direction to implement approved alternatives. See Exhibit A that is attached to the Item for recommendation on specific projects. K:\ENGINEERING\LEGISTAR\8 - APRIL 14, 2015\BOND 2012\AGENDA MEMO BOND 2012.DOCX ALTERNATIVES: 1. Authorize execution of the resolution. 2. Do not authorize execution of the resolution. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutes regarding ordinances and resolution criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 RECOMMENDATION: City staff recommends execution of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — Table of Directives Presentation K:\ENGINEERING\LEGISTAR\8 - APRIL 14, 2015\BOND 2012\AGENDA MEMO BOND 2012.DOCX EXHIBIT A BOND 2012 Streets: 1 Discussion and Notes: • • Twigg Leopard Remain on Deferral. • Morgan (Staples Crosstown) to • • Include in active project list (additional funding may be required). Continue coordination with Hospital including monthly meetings are held with hospital and development. • • • Alameda Staples (1-37 Morgan) Williams to • Bid with both Concrete and HMAC. • Kostoryz • • • Bid with both Concrete and HMAC; No Bike Lane; Evaluate bicycle connectivity to Del Mar and nearby schools during final design. • Staples (Kostoryz Brawner Pkwy) to • • Bid with both Concrete and HMAC Existing crosswalk to Ray High School removed with improved pedestrian/ADA crossings at both Kostoryz and Texan Trail. This was coordinated with Ray HS, Police, Traffic Engineer, and RTA to improve safety for parents, children and general public. • Tuloso • Constructed as concrete with wide shoulders to accommodate bikes. • Ocean Drive • Constructed as HMAC; HMAC recommended to avoid potential joint failures (separation, raised & depressed panels, cracking, etc.) associated with poor subgrade materials (dredged fill). • Greenwood • No Bike Lane; plan future project for hike & bike along Airport Ditch through H.P. Garcia Park with access to Greenwood at Horne and Gollihar. • Holly • Proposed median approximately 70% Xeriscape plantings and 30% grass is under review for additional Hardscape, project is a 80/20 shared cost with TxDOT (80%). Page 3 of 3 Resolution directing staff to proceed with bidding remaining Bond 2012 Projects; and providing direction on specific projects. WHEREAS, at the regular council meetings of January 27, 2015 and February 17, 2015, staff presented the City Council with information related to the Bond 2012 program; WHEREAS, Council has considered general items applicable to all projects as well as items that apply to individual projects; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. To the extent that the funds authorized under the Bond 2012 Proposition 1 are insufficient to cover total project costs, the City will issue Certificates of Obligation (COs) to provide additional funding. SECTION 2. The following Bond 2012 projects are directly affected by the new Harbor Bridge construction and will be deferred and reassessed at a later date: the Twigg Street Project, from Shoreline Boulevard to Lower Broadway Street; and the Leopard Street Project, from Crosstown Expressway to Palm Drive. SECTION 3. The following streets recommended to be constructed with Hot Mix Asphalt Concrete (HMAC) will be bid for both HMAC and Concrete unless underlying structural conditions warrant otherwise: South Alameda Street, from Ayers Street to Louisiana Avenue; South Staples Street, from Brawner Parkway to Kostoryz Road; Staples Street from 1-37 to Morgan Avenue; Kostoryz Road Project, from Brawner Parkway to Staples Street, and Williams Drive, from South Staples Street to Airline Road. SECTION 4. The following projects are to be designed and constructed without designated bike lanes: Kostoryz Road Project, from Brawner Parkway to Staples Street; Greenwood Drive Project, from Gollihar Road to Horne Road, and Tuloso Road Project (wide shoulders only), from IH -37 to Leopard Street. SECTION 5. In connection with the following project, staff will plan a future hike and bike trail project along Airport Ditch through H.P. Garcia Park with access to Greenwood at Horne Road and Gollihar Road: the Greenwood Drive Project, from Gollihar Road to Horne Road. SECTION 6. The following project is to be designed and constructed to improve pedestrian/ADA crossings at both Kostoryz Road and Texan Trail to replace the Page 1 of 3 existing crosswalk to Ray High School: the South Staples Street Project, from Brawner Parkway to Kostoryz Road. SECTION 7. Exhibit "A" (attached and incorporated herein), describes more fully the design and construction directives for certain projects. SECTION 8. Staff is directed to proceed with the Bond 2012 Program. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 3 EXHIBIT A BOND 2012 Streets: Discussion and Notes: • • Twigg Leopard Remain on Deferral. • Morgan (Staples Crosstown) to • Include in active project list (additional funding may be required). • Continue coordination with Hospital including monthly meetings are held with hospital and development. • • • Alameda Staples (1-37 Morgan) Williams to • Bid with both Concrete and HMAC. • Kostoryz • Bid with both Concrete and HMAC; • No Bike Lane; • Evaluate bicycle connectivity to Del Mar and nearby schools during final design. • Staples (Kostoryz Brawner Pkwy) to • Bid with both Concrete and HMAC • Existing crosswalk to Ray High School removed with improved pedestrian/ADA crossings at both Kostoryz and Texan Trail. This was coordinated with Ray HS, Police, Traffic Engineer, and RTA to improve safety for parents, children and general public. • Tuloso • Constructed as concrete with wide shoulders to accommodate bikes. • Ocean Drive • Constructed as HMAC; HMAC recommended to avoid potential joint failures (separation, raised & depressed panels, cracking, etc.) associated with poor subgrade materials (dredged fill). • Greenwood • No Bike Lane; plan future project for hike & bike along Airport Ditch through H.P. Garcia Park with access to Greenwood at Horne and Gollihar. • Holly • Proposed median approximately 70% Xeriscape plantings and 30% grass is under review for additional Hardscape, project is a 80/20 shared cost with TxDOT (80%). Page 3 of 3 www.cctexas.com al* Corpus Chr sti Capital Programs Bond 2012 Directing Staff Council Presentation April 14, 2015 Project Scope .411 Corpus Chr sti Capital Programs ➢ SECTION 1- Issue CO's for the additional funds ➢ SECTION 2 - Defer streets associated with the Harbor Bridge • Twigg • Leopard ➢ SECTION 3 - Bid five streets with both Concrete and HMAC (asphalt) • Staples (I-37 to Morgan) • Staples (Morgan to 6 -points) • Kostoryz • Alameda • Tuloso (bid only as Concrete) ➢ SECTION 4 - No designated bike lanes • Kostoryz Road • Tuloso Road (wide shoulder only) • Greenwood Drive ➢ SECTION 5 - Plan for Hike & Bike in H.P. Garcia Park in parallel path along Airport Ditch ➢ SECTION 6 - Delete the mid -block crossing on Staples for Ray High School with improved crossings at Texan Trail and Kostroryz 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 14, 2015 Action Item for the City Council Meeting of April 21, 2015 DATE: TO: April 14, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361)826-3169 Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 All Risk Property Insurance Coverage CAPTION: Motion authorizing the City Manager to execute a one-year agreement, with Borden Insurance and McGriff, Seibels & Williams of Texas, Inc., for the purchase of all risk property insurance coverages totaling $2,752,388 of which $1,131,117.95 is required for the remainder of FY2014- 2015. Funds have been budgeted by the Legal Department in FY2014-2015. PURPOSE: The City's Property Insurance Program currently carries Property Insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown coverages. The City's Property Insurance Program is a layered program with admitted and non - admitted commercial carriers participating. A total of thirteen (13) property insurance carriers provide $250,000,000 "All Other Perils" coverage and $150,000,000 "Named Storm" coverage. Total Insured Values are estimated at $627,286,300 which includes buildings & contents and other vertical structures. BACKGROUND AND FINDINGS: In October 2014, the City's Risk Management Division began the process of creating a single criteria Request for Proposal (RFP) for an All Risk Property Insurance Program. With the assistance of the City's Insurance Consultant, RWL Group, Inc. and the Senior Buyer of the City's Purchasing Department, the RFP was advertised and issued on January 30, 2015. The evaluation team reviewed the proposal in order to verify compliance with all of the minimum requirements set forth in the RFP. The Borden Insurance and McGriff, Seibels & Williams, Inc., joint proposal includes a 10.7% rate decrease for 2015-16 and a rate reduction guarantee of an additional 1.37% for the 2016-17 policy period. Despite an increase in the City's Total Insured Values of $45,357,796 (7.79%), from last year, the proposed premium is $108,367 (3.78%) less than the current premium. Attached is a Six -Year Comparison Summary of the City's Property Insurance Program which depicts the decline in premium and rates from 2010-2015. A significant 2012 Hurricane Season caused property insurance markets to harden which resulted in the limit decreases and increases in both rate and premium. Both the premium and rate have declined over the six year period despite Total Insured Values increasing by $124,275,353. The contract contains four one-year options for renewal because they were requested in the original RFP and therefore were contained in the response. Later this year, City Council will be selecting a broker of record for subsequent insurance renewals. These options for renewal may become inapplicable, depending on the contractual relationships between the selected broker of record and the wholesale broker and insurance underwriters. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,233,993.11 $1,621,270.05 $4,855,263.16 Encumbered / Expended Amount $1,714,830.98 0 $1,714,830.98 This item $1,131,117.95 $1,621,270.05 $2,752,388.00 BALANCE $388,044.18 0 $388,044.18 Fund(s): Business JobDev, Liab/EB Liab and Visitor Facility Comments: The $1,131,117.95 financial impact shown above represents five (5) months of premiums that will be encumbered through the end of this fiscal year. The remaining $1,621,270.05 for the last seven (7) months of premium costs will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Property Insurance Program — Six Year Comparison CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON ITEM 1. DESCRIPTION All Risk Property Insurance 1 -Year Premium PRICE SHEET Event #20 All Risk Property Insurance Coverage TOTAL: QTY. 1 Borden Insurance Corpus Christi, Texas & McGriff, Seibels & Willimas, Inc., San Antonio, Texas UNIT Ea. UNIT PRICE $2,752,388.00 EXTENDED PRICE $2,752,388.00 $2,752,388.00 SERVICE AGREEMENT PROPERTY INSURANCE COVERAGES Service Agreement No. THIS Property Insurance Coverages Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and American Financial Insurance Services, Inc., doing business as Borden Insurance, and McGriff, Seibels & Williams of Texas, Inc. (collectively, the latter two entities referred to as the "Contractor"), and is made effective for all intents arid purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide PROPERTY INSURANCE COVERAGES in response to Request for Proposals Event No. 20; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City agree as follows: 1. Services. Contractor will provide PROPERTY INSURANCE COVERAGES in accordance with Request for Proposals Event No. 20 ("Services"), which request for proposal and all related specifications and clarifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A" as if set out fully herein in their entirety. Contractor's proposal to provide the Services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B" as if set out fully herein in its entirety. 2. Term. The term of this Agreement is one year, commencing on May 4, 2015, so long as the Agreement has been executed by the City Manager prior to or on the commencement date. This Agreement includes an option to extend for up to four additional one-year periods subject to the written approval of the Contractor and the City Manager. Written approval to exercise an option may be by letter agreement and must include the applicable property rates and the premium amount to be paid for the applicable one-year period. 3. Payment. Contractor shall be paid a total of $2,752,388 for Services provided pursuant to this Agreement and, in accordance with instructions provided by the Contractor, payment will be made and issued to McGriff, Seibels & Williams of Texas, Inc, Exercise of the first option to extend this Agreement must be at the same property rates as the initial term, and the premiums to be paid by the City will be based on the then -current market price conditions, as agreed to by the parties in advance of exercising the first option and in full compliance with State procurement laws regarding the permissible ceilings for price increases. Exercise of any of the remaining options is subject to the same State procurement laws, with the property rates and the premium amount subject to advance negotiation by the parties. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the contract administrator, who is the Risk Manager ("Contract Administrator"). 5. Independent Contractor; Joint and Several Liability. A. Contractor, jointly represented by Borden Insurance and McGriff, Seibels & Williams, will provide the Services required by this Agreement as independent contractors and will furnish such Services each in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor, or of either of them individually, be considered an employee of the City. B. Borden Insurance and McGriff, Seibels & Williams, by entering into this Agreement with the City, each independently and voluntarily promise to be and will be held by the City to be jointly and severally liable for the performance of all aspects of the Services to be provided under this Agreement. Each separate promisor, by execution of this Agreement, acknowledges that it is liable for the whole performance of Services jointly assumed. In the event of a default under this Agreement, the City may elect to demand performance or recover from either Borden Insurance or McGriff, Seibels & Williams and, if recovery in particular is sought, the City may bring a separate action against either party or against both parties with respect to such liability, and the City may recover from either party the full amount of any collective liability under this Agreement. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver to the Contract Administrator a certificate of insurance ("Certificate"), containing the coverages stated in Exhibit A, as proof of the required insurance coverages. Additionally, the Certificate must state that the Risk Manager will be given at least thirty (30) days' advance 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 to the Contractor. 7. Assignment. No assignment of this Agreement nor any right or interest held by the Contractor under this Agreement is effective unless the City Manager first gives written consent to such assignment in advance. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's decision to withhold consent to such an assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends each September 30th, is subject to budget approval and appropriations providing for such contract item as an expenditure in the annual fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement or its exhibits waives any subsequent breach of the same. 10. Compliance with Laws; Venue. This Agreement is subject to all applicable federal, State and local laws, rules, and regulations. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. 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 Page 2 of 5 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. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute such instruments by each party. 13. Termination. A. The City Manager may terminate this Agreement for the Contractor's failure to perform the Services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. B. Failure to keep all insurance policies in force for the entire term of the Agreement constitutes a material breach and is grounds for termination. Upon the Contract Administrator's receipt of the required notice of any change in coverage, the Contract Administrator will provide the Contractor with written notice of same and give the Contractor a reasonable opportunity to cure. If the Contractor fails to cure within the specified cure period, the City may terminate the Agreement immediately thereafter. C. Alternatively, the City may terminate this Agreement, with or without cause, upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty- four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and State laws. Upon request, the City Manager shall be provided proof of payment of these taxes by the Contractor within fifteen (15) days of such request. 15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P. 0. Box 9277 Corpus Christi, Texas 78469-9277 Fax # 361-826-3697 IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: Borden Insurance P 0 ,libX /066. /pd G Co ms ch r''s'�+r -1-x‘ o 3 6 7 3 17‘C = 61 Recr F'9X 36/ 693 (766 =d3/e'cr PftM"C Page 3 of 5 and IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: McGriff, Seibels & Williams of Texas, Inc. Johnny Fontenot 5080 Spectrum Drive, Suite 900E Addison 469/232-2101 TX 75001 16. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide the Services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement, on a month-to-month basis not to exceed six months. Any month-to-month provision of Services by the Contractor automatically terminates on the effective date of a new contract. 17. Severability. Each provision of this Agreement is 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. 18. 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 WHATSOEVER ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THE SERVICES REQUIRED UNDER THIS AGREEMENT, REGARDLESS 01? WHETHER THE INJURIES, DEATH, OR DAMAGES OR LOSS ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS SOLE EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS Page 4 of 5 SECTION SURVIVES THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Precedence of Documents. In the event of a conflict in the documents comprising this Agreement, the parties agree that first precedence must be given to this fully executed contract; second precedence must be given to any amendment of this Agreement, including the written exercise of any option; third precedence must be given to Exhibit A, including any questions, answers, and issued addenda; and fourth precedence must be given to Exhibit B, including as Contractor may have clarified such proposal in writing. CITY OF CORPUS CHRISTI Signature: Contractor: Borden Insurance Signature: Printed Nam : 1 1ktlI CME( crcdi dl Ter lV` Title:''IGC' ioRe,s/de",7- Date: cJ ftOa/ate/5 Contractor: McGriff, Seibels & Williams Signature: Printed Narrle: Johnny Fontenot Title: Executive Vice President Date: 7'.2 / 43"-- Printed / Printed Name: Gabriel Maldonado Title: Interim Procurement Manager Date: Incorporated by Reference: Exhibit A: Request for Proposal Event No. 20 (Available and attached upon request) Exhibit B: Contractor's Proposal (Available and attached upon request) Page 5 of 5 City of Corpus Christi Property Insurance Program Six Year Comparison (2010 — 2015) Values & Rates I,VVV,VVV ►,000,000 ),000,000 ►,000,000 ►,000,000 ),000,000 ),000,000 $0 2010 2011 2012 2013 2014 2015 2015 $503,010,947 $549,410,749 $553,237,764 $564,990,841 $581,928,504 $627,286,300 •Values Rates 0.53 0.47 0.49 0.53 0.49 0.43 t Si $1 $1 $1 Limits & Premium 40,000,000 20,000,000 00,000,000 80,000,000 60,000,000 40,000,000 20,000,000 $0 2010 2011 2012 2013 2014 2015 Limits $150,000,000 $150,000,000 $100,000,000 $150,000,000 $150,000,000 $150,000,000 t ..Premium $2,673,799 $2,583,811 $2,737,024 $2,976,323 $2,860,695 $2,752,388 $3,100,000 $3,000,000 $2,900,000 $2,800,000 $2,700,000 $2,600,000 $2,500,000 $2,400,000 $2,300,000 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 14, 2015 Action Item for the City Council Meeting of April 21, 2015 DATE: April 1, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing City Council Members Nelda Martinez, Rudy Garza, Chad Magill, Colleen McIntyre, Lillian Riojas, Brian Rosas, Lucy Rubio, Mark Scott and Carolyn Vaughn as board members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The purpose of the item is to appoint the Mayor and Council to the boards of these corporations. BACKGROUND AND FINDINGS: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both of these corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. ALTERNATIVES: None. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: City Manager's Office Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 14, 2015 Action Item for the City Council Meeting of April 21, 2015 DATE: April 1, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Annual Board Meeting of the Coastal Bend Health Facilities Development Corporation (CBHFDC) CAPTION: Annual Board Meeting of the Coastal Bend Health Facilities Development Corporation (CCHFDC) PURPOSE: The purpose is to hold the Annual Board Meeting of the Coastal Bend Health Facilities Development Corporation (CBHFDC) in order to elect officers and appoint a new registered agent for the Corporation. BACKGROUND AND FINDINGS: Election of Officers After each City Council election and the appointment of new board members, the CBHFDC must elect new officers. The Bylaws provide for the following: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager and Assistant General Manager. Typically, the President and Vice President have been elected from the Board of Directors and previously were Larry Elizondo and David Loeb, respectively. In prior years, the officers of the CBHFDC have been the same as the Coastal Bend Cultural & Education Facilities Finance Corporation (CBCEFFC) since it eventually will replace the CBHFDC when its bonds are paid in full. These entities only are active in the event a proposal for financing is received. The Bylaws provide that all officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions. The recommendations for these positions are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Iris Casas The Bylaws additionally provide that the City Manager of the City automatically serves as the General Manager of the Corporation unless removed by the board of directors. Appointment of Registered Agent State law requires that a registered agent be maintained on file with the Secretary of State. The registered agent historically has been the Secretary. A motion needs to be adopted to replace Armando Chapa with Rebecca Huerta to serve as the registered agent. ALTERNATIVES: None. An annual meeting must be conducted periodically to keep the entity in existence. CONFORMITY TO CITY POLICY: The proposal conforms to City Policy pertaining to the CBHFDC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: City Manager's Office Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends that the elect its officers and appoint Rebecca Huerta as the registered agent to replace Armando Chapa LIST OF SUPPORTING DOCUMENTS: Agenda for CBHFDC Meeting AGENDA Annual Meeting COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION Date: Tuesday, April 21, 2015 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1 Temporary Presiding Officer calls meeting to order. 2. Acting Secretary calls roll. Board of Directors Officers Rudy Garza, Jr. Ronald L. Olson, General Manager Chad Magill Rebecca Huerta, Acting Secretary Nelda Martinez Paul Pierce, Acting Asst. Secretary Colleen McIntyre Constance P. Sanchez, Acting Treasurer Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 3. Approve minutes from the Board meeting on October 11, 2011. 4. Public Comment 5. Treasurer's Report. 6. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer 7 Appoint Rebecca Huerta as the registered agent to replace Armando Chapa. 8. Adjourn. C:\Users\RebeccaH\Dropbox\City Secretary's Office\MARY'S OLD FILES\AGENDAMEMOS\CBHFDC-Agenda 15-0325.docx MINUTES COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION ANNUAL MEETING OCTOBER 11, 2011 12:47 P.M. PRESENT Board of Directors Larry Elizondo, President David Loeb, Vice President Joe Adame Chris Adler Kevin Kieschnick John Marez Nelda Martinez Mark Scott ABSENT Priscilla Leal Officers Armando Chapa, Secretary Mary Juarez, Asst. Secretary Margie Rose, Treasurer Constance Sanchez, Assistant Treasurer Ron Olson, General Manager 1. Call meeting to order. — Mr. Adame called the meeting to order in the Council Chambers of City Hall. 2. Roll Call. - Secretary Chapa called the roll and verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. 3. Approval of minutes from September 15, 2010 - Mr. Adame asked for approval of the minutes of the September 15, 2010 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Scott and passed (Leal absent). 4. Treasurer's Report —Assistant Treasurer Constance Sanchez provided the fund balance and summary of transactions ending July 31, 2011. 5. Amendment of Bylaws and Articles of Incorporation. — John Bell, General Counsel, explained that the amendments to the bylaws and articles of incorporation conforms the documents to the forms similar to other corporations to allow the Council Members to serve. Mr. Scott made a motion to approve the amendment to the bylaws and articles of incorporation, seconded by Mr. Marez and passed (Leal absent). 6. Election of Officers — Ms. Martinez made a motion to nominate Larry Elizondo as President, seconded by Mr. Marez and passed (Leal absent). Mr. Kieschnick made a motion to nominate David Loeb as Vice President, seconded by Ms. Martinez, and passed (Leal absent). Ms. Martinez made a motion to nominate Ron Olson as General Manager and Margie Rose as Treasurer, seconded by Mr. Kieschnick and passed (Leal absent). Mr. Scott made a motion nominating Armando Chapa as Secretary, Mary Juarez as Assistant Secretary, and Constance Sanchez as Assistant Treasurer, seconded by Mr. Marez and passed (Leal absent). 7 Public Comment - None. 8. Adjournment — There being no further business to come before the board, President Elizondo adjourned the meeting at 12:51 P.M. on October 11, 2011. Coastal Bend Health Facilities Development Corporation Balance Sheet February 28, 2015 UNAUDITED Assets Current assets: Cash Total assets Liabilities and Fund Balance Fund balance: Assigned Total fund balance $ 3,719 3,719 3,719 3,719 Total liabilities and fund balance $ 3,719 Coastal Bend Health Facilities Development Corporation Summary of Transactions For five months ended February 28, 2015 UNAUDITED Fund balance at October 1, 2014 $ 3,719 Revenues: Interest earned Total revenues Fund balance at February 28, 2015 $ 3,719 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 14, 2015 Action Item for the City Council Meeting of April 21, 2015 DATE: April 1, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Annual Board Meeting of the Coastal Bend Cultural & Education Facilities Finance Corporation (CBCEFFC) PURPOSE: The purpose is to hold the Annual Board Meeting of the Coastal Bend Cultural & Education Facilities Finance Corporation (CBCEFFC) in order to elect officers and appoint a new registered agent for the Corporation. BACKGROUND AND FINDINGS: Election of Officers After each City Council election and the appointment of new board members, the CBCEFFC must elect new officers. The Bylaws provide for the following: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager and Assistant General Manager. Typically, the President and Vice President have been elected from the Board of Directors and previously were Larry Elizondo and David Loeb, respectively. In prior years, the officers of the CBCEFFC have been the same as the Coastal Bend Health Facilities Development Corporation (CBHFDC) since this entity eventually will replace the CBHFDC when its bonds are paid in full. These entities only are active in the event a proposal for financing is received. The Bylaws provide that all officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions. The recommendations for these positions are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Iris Casas The Bylaws additionally provide that the City Manager of the City automatically serves as the General Manager of the Corporation unless removed by the board of directors. Appointment of Registered Agent State law requires that a registered agent be maintained on file with the Secretary of State. The registered agent historically has been the Secretary. A motion needs to be adopted to replace Armando Chapa with Rebecca Huerta to serve as the registered agent. CONFORMITY TO CITY POLICY: The proposal conforms to City Policy pertaining to the CBCEFFC EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: City Manager's Office Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that the elect its officers and appoint Rebecca Huerta as the registered agent to replace Armando Chapa LIST OF SUPPORTING DOCUMENTS: Agenda for CBCEFFC Meeting AGENDA Annual Meeting COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION Date: Tuesday, April 21, 2015 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1 Temporary Presiding Officer calls meeting to order. 2. Acting Secretary calls roll. Board of Directors Officers Lillian Riojas Ronald L. Olson, General Manager Chad Magill Rebecca Huerta, Acting Secretary Rudy Garza, Jr. Paul Pierce, Acting Asst. Secretary Nelda Martinez Constance P. Sanchez, Acting Treasurer Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 3. Approve minutes from the Board meeting on October 11, 2011. 4. Public Comment 5. Treasurer's Report (not necessary as this entity has no funds due to no activity). 6. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer 7 Appoint Rebecca Huerta as the registered agent to replace Armando Chapa. 8. Adjourn. C:\Users\RebeccaH\Dropbox\City Secretary's Office\MARY'S OLD FILES\AGENDAMEMOS\CBCEFFC-Agenda 15-0325.docx MINUTES COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION ANNUAL MEETING OCTOBER 11, 2011 12:51 P.M. PRESENT Board of Directors Larry Elizondo, President David Loeb, Vice President Joe Adame Chris Adler Kevin Kieschnick John Marez Nelda Martinez Mark Scott ABSENT Priscilla Leal Officers Armando Chapa, Secretary Mary Juarez, Asst. Secretary Margie Rose, Treasurer Constance Sanchez, Assistant Treasurer Ron Olson, General Manager 1. Call meeting to order. — Mr. Adame called the meeting to order in the Council Chambers of City Hall. 2. Roll Call. - Secretary Chapa called the roll and verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. 3. Approval of minutes from September 15, 2010 - Mr. Adame asked for approval of the minutes of the September 15, 2010 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Scott and passed (Leal absent). 4. Treasurer's Report — Assistant Treasurer Constance Sanchez stated that there were no assets and a zero the fund balance as of July 31, 2011. 5. Amendment of Bylaws and Articles of Incorporation. — Ms. Martinez made a motion to the amendment to the bylaws and articles of incorporation, seconded by Mr. Scott and passed (Leal absent). 6. Election of Officers — John Bell, General Counsel, recommended appointing the same officers as the Coastal Bend Health Facilities Development Corporation. Ms. Martinez made a motion to nominate Larry Elizondo as President, David Loeb as Vice President, Ron Olson as General Manager, Margie Rose as Treasurer, Armando Chapa as Secretary, Mary Juarez as Assistant Secretary, and Constance Sanchez as Assistant Treasurer, seconded by Mr. Elizondo and passed (Leal absent). 7 Public Comment - None. 8. Adjournment — There being no further business to come before the board, President Elizondo adjourned the meeting at 12:53 P.M. on October 11, 2011. Coastal Bend Cultural Education Facilities Corporation Balance Sheet February 28, 2015 UNAUDITED Assets Current assets: Cash Total assets Liabilities and Fund Balance Fund balance: Assigned Total fund balance $ Total liabilities and fund balance $ Coastal Bend Cultural Education Facilities Corporation Summary of Transactions For five months ended February 28, 2015 UNAUDITED Fund balance at October 1, 2014 $ Revenues: Interest earned Total revenues Fund balance at February 28, 2015 $ AGENDA MEMORANDUM For the City Council Meeting of April 14, 2015 DATE: April 6, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Overview of Plan CC Comprehensive Plan 2035 STAFF PRESENTER(S): Name Title/Position Department 1. Annika Gunning Senior Project Planner Development Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Larissa Brown Principal Stantec Urban BACKGROUND: The planning consultant will present an overview of the draft comprehensive plan, Plan CC, and highlight key policy issues. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Plan CC Comprehensive Plan 2035 1111*fir PLANT CC COMPRENENSIVE PLAN 2035 Council Presentation April 14, 2015 AGENDA 1. Project Status 2. Plan CC — the Big Picture 3. Land Use Policy Issues 4. Questions/Discussion WINTEF WHERE ARE WE IN THE PROCESS? 0 -1 A N CC SUMMER 2014 FALL 2014 LOCAL WORKSHOPS JUNE 9-12 JUNE 23-24 CITYWIDE FORUM JUNE 28 PR. INCIPLES PUBLIC OPEN 11_, rHOUSES (NOV) 2015 SPRI ITYWIDE CIRUM ON HE DRAFT iJ G 2015 PLANNING OM MISSION HEARINGS & APPROVAL (TBD) CITY COUNCIL HEARINGS & APPROVAL (TBD) 3 THE BIG PICTURE 0 'YAk • Twenty-year time horizon: one -volume plan for the whole city • Community-based: shared vision • Strategic: critical mass for visible impact • Action -oriented: coordinate and collaborate over the short, medium, and long terms THE BIG PICTURE 0 'YAk • Focus on development and redevelopment within 2014 city limits (excluding Chapman Ranch) • Build on assets to create compact, walkable centers: Downtown, Urban and Neighborhood Villages THE BIG PICTURE 0 P1 A IST ('(' • Use incentives strategically for critical mass to leverage private investment. • Create Orderly Development Annexation Areas. • Build local capacity to implement the plan. FOUR KEYS TO THE VISION 0 P1 AkT ('(' • Diversify the economy and strengthen the workforce. - Our broadly diversified economy provides opportunity for all. • Modernize and maintain infrastructure. — Modernized city services and systems support growth and vitality in all parts of the city. • Enhance quality of life by improving places and connections. — High-quality, safe, connected and diverse neighborhoods provide a variety of living and housing choices. • Protect and enhance green and blue resources. — Stewardship of our natural heritage and green space networks strengthens our unique character and supports resilience. STRATEGIC POLICY PRIORITIES 0 DIAGRAM • Bus Rapid Tr • Green an networks • Ord 1)., t AM CC STRATEGIC MIXED-USE CENTERS Downtown Urban Village Neighborhood Village t? "College Town" OPPORTUNITY AREAS Priority Neighborhood Inlill Orderly Edge DvIpmt. Areas Within City Orderly Edge DvIpmt. Areas for Potential Annexation Outside Current City Limits .r, .r; New Regional Park CONNECTIONS Planned Bus Rapid Transit Route F► New Harbor Bridge H Proposed Bridge to Padre Island - •-• Green Connection Southside Mobility Corridor EXTRATERRITORIAL JURISDICTION 5 Miles from City Limits FUTURE LAND USE MAP CO 1.35 25 5 Islas PLAN CC -FH:!I SSV[ P:RII 2.l5 _ Mixed Use AgriculturelRural Enterprise ▪ Commercial - Government _ Institutional - Ream Industrial Light Industrial Low -Density Single-lamily Residential Medium -Density Single-Iamily Residential /Zj High -Density Single-family Residential - Multifamily Residential MI Transition Aviation Distrkt Transition Special District Transportation ▪ Permanent Open Space Mr Flood Plain Conservation Water Q Planning Districts 100.Year Flood Plain 1:_1 City Limits Extraterritorial jurisdiction 9 LAND USE POLICY ISSUES 0 P1 AkT ('( • Special land use transition areas • Orderly development areas and annexation • Revitalization and affordable/workforce housing production areas • Strategy, capacity building and coordination actions LAND USE COMPATIBILITY TRANSITION AREAS 0 PT AkT (Y' Transition Special District: • Residential enclaves north of I-37 and south of the industrial district • Incompatible with adjacent industrial uses Transition Special District 11 LAND USE COMPATIBILITY TRANSITION AREAS 0 PT AkT (Y' Transition Aviation Special District: • Residential enclaves north of SPID and south of NAS -CC • Incompatible with safe air field operation S. PADRE ISLAND DRIVE 1 I - IIkl1altAMP ems'IIIIIII:.ui... ■ • Transition Aviation Special District , , i 12 ORDERLY DEVELOPMENT SYSTEM FOR ANNEXED LAND 0 P1 AkT ('( • Establish a new residential zoning district: 1 dwelling/20 acres. • Make this the default district after annexation. • Establish a new infrastructure policy: no extension of public water without public sewer. • Allow rezoning only after identification of funding for extension of public water and sewer. INFRASTRUCTURE FUNDING OPTIONS .Y A tal cc Those who directly benefit pay for infrastructure extensions, rather than all ratepayers. — Special assessment districts, such as Public Improvement Districts — Impact fees POTENTIAL ANNEXATION AREAS eliki‘ Orderly Development Areas: A Southside/ London B Calallen Industrial Agreements: C San Patricio industrial area Proposed Annexation Areas Extraterritorial Jurisdiction p Corpus Christi City Limits 15 HOUSING REVITALIZATION AND AFFORDABLE HOUSING 0 PT AkT ('( • Housing choice • Urban/Neighborhood Villages _ _ ,rte�Z -- Mid -Rise mar. rlr,�, om .1111111111111111LLive/wMkCOYrf,Ya . \= t♦ Bungalow Courtownhouse Apattfnent Triplez & Fourplex Duplexes Ming Middte Housing TVP Single Unit Detached HOUSING REVITALIZATION AND AFFORDABLE HOUSING Six Points area example: • RTA and hospital investment • Walkable area • Commercial core • Housing mix to support diverse housing needs • Vacant land and buildings for redevelopment ; Mixed Use/Residential/Commercial Single-family Bungalow Int ill& Rehab Employment Center f -I I Mixed Use/Commercial•Office ] Potential RTA Station Location * Adaptive Reuse Opportunity Multifamily/Townhouse/Cottage Court - Six Points Urban Village Core Area 0 P1 AkT (Y' _ •T�l`� 1 iy pcocs Vie sumer .25 Miles HOW? STRATEGY 0 P1 AkT ('( • Create a Redevelopment Agency as a local government corporation. — Professional staff — Initial capitalization • Create Neighborhood Empowerment Zones. — Tax abatements, fee waivers, other incentives • Create a Corpus Christi Affordable Housing Trust. — CC Housing Finance Corporation bonds — Dedicated permit fee or portion of fee • Strategically target Type A housing funds. HOW? CAPACITY BUILDING 0 P1 AkT ('( Build local capacity: • Housing Policy Advisory Committee • Local Community Development Corporation Build relationships with national funders: • Choice Neighborhoods and Promise Neighborhoods • Enterprise Community Partners • Purpose Built Communities • LISC (Local Initiatives Support Corporation) • Rockefeller Foundation Resilience Program 19 WHO? COORDINATION New Planning Department or Division • Expertise in land use, housing, transportation, urban design, economic development • Grant proposal writing • Coordination of implementation of plans — breaking down silos • Project management • Potential co -location with Development Services or Housing & Community Development 20 Questions? AGENDA MEMORANDUM For the City Council Meeting of April 14, 2015 DATE: April 6, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Overview of the Downtown Area Development Plan and Development Incentives STAFF PRESENTER(S): Name Title/Position Department 1. Annika Gunning Senior Project Planner Development Services OUTSIDE PRESENTER(S): Name 1. Ben Carlson BACKGROUND: Title/Position Director of Urban Design Organization Goody Clancy The planning consultant will present an overview of the draft Downtown Area Development Plan themes and initiatives and recommendations for development incentive policies. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation i a N ccur Downtown AREA DEVELOPMENT PLAN Downtown Area Development Plan (DADP) Plan Update and Policy Issues City Council Presentation April 14, 2015 Agenda itm**4# ipN cc D owntown AREA DEVELOPMENT PLAN • DADP Process update • DADP Themes • DADP Implementation initiatives • Key outstanding policy issues for the Downtown Area Development Plan • Questions/ Discussion 2 Process update PL cCDDWflUWfl AREA DEVELOPMENT PLAN Ln LL Ln 2 CL Sep Oct Nov Dec Jan Feb Mar Apr May Downtown Conditions and Opportunities Market Analysis Multimodal Transportation and Parking Analysis Goals and Strategies Framework Downtown Area Development Plan and Implementation Strategy Community Engagement (SUMMARY OF KEY ACTIVITIES) STAKEHOLDER DOWNTOWN PLANNING DRAFT PLAN INTERVIEWS AND DESIGN WORKSHOP PRESENTATIONS & REVIEW FINAL PLAN PRESENTATIONS Key deliverables EXISTING CONDITIONS ASSESSMENT/ REVIEW OF MODELS/ PRECEDENTS MARKET VISION ASSESSMENT/ FRAMEWORK ISSUES/ OPPORTUNITIES/ BARRIERS PRELIMINARY IMPLEMENTATION/ INCENTIVE OPTIONS FOR DISCUSSION (DOWNTOWN) DRAFT DRAFT FINAL PLAN PLAN PLAN FRAMEWORK DOCUMENT DOCUMENT DADP Theme 1 Catalyze housing and other market- driven development with a more targeted and versatile incentive program PLAN Cr LAwntown AREA DEVELOPMENT PLAN 4 DADP Theme 2 Create more housing options for all households IIAN cc ii"kn owntown AREA DEVELOPMENT PLAN Prime development opportunities 5 DADP Theme 3 Complete a waterfront park and trail network that celebrates the Bay and connects destinations PI AN Cr Awntown AREA DEVELOPMENT PLAN Visioi venue at Upper Park & trail network 6 DADP Theme 4 Leverage the Harbor Bridge relocation and creating an enhanced "Gateway to the Bay" through a transformed IH -37 and North Beach Gateway PLAN CrcCDDWflUWfl AREA DEVELOPMENT PLAN DADP Theme 5 PLAN Cr LAwntown AREA DEVELOPMENT PLAN Promote the visitor economy and a downtown area "play" environment 8 Implementation Initiatives #1-3 P! cCDDWflUWfl AREA DEVELOPMENT PLAN 1. Utilize TIRZ #3 to unlock market-driven development with flexible, effective options serving the different incentive needs of different projects 2. Outside TIRZ #3, target tax abatement and other incentives to reinforce neighborhoods with new jobs and mixed -income housing 3. Proactively encourage redevelopment of well - located, underutilized parcels by engaging owners and strategically buying and selling property 9 Implementation Initiatives #4-6 PLAN Cr AREA DEVELOPMENT PLAN 4. Organize parking at district scale to increase convenience and efficiency 5. Support new development with infrastructure investments that are timed and located together with private investment 6. Fill missing links in Corpus Christi's signature waterfront park and path network 10 Implementation Initiatives #7-10 P! cCDDWflUWfl AREA DEVELOPMENT PLAN 7. Transform old Harbor Bridge infrastructure to connect districts and the bay with walkable development and access 8. Work with TxDOT to invest New Harbor Bridge mitigation funding to benefit neighborhoods, in ways consistent with Plan CC 2035 and the DADP 9. Actively manage event traffic and parking 10. Intensify destination arts and retail programming Key Outstanding Policy D owntown Issuesk11EA UfY€IAPM€WT PLAN Common topic: Incentives for market-driven development 1. Expanding range of project types eligible for incentives 2. Defining eligibility for incentives 3. Defining more explicit incentive target areas outside of TIRZ 4. Considering additional TIRZ districts 5. Utilizing Type A funds as well as TIRZ #3 and tax abatement 6. Expanding City role acquiring/selling redevelopment parcels 1. Range of project types eligible for incentives Eligible Project Types Downtown AREA DEVELOPMENT PLAN Policy Choi Benefits Issues Multifamily Housing & Capital Investment/Job- Creating Projects current policy • Targets current housing opportunity. • Promotes economic development. • Lacks hotel/multi- tenant office incentive. Multifamily Housing & Capital Investment/Job- Creating Projects Plus Additional Project Types • Broadens eligible project types. • Encourages targeted mixed-use development. • Need to identify additional project types. Any Appropriate Project • No need to require certain project types. • Encourages mixed-use development. • Need to prevent excessive outlays. 13 1. Range of project types eligible for incentives Recommendations PL `Dow Downtown AREA DEVELOPMENT PLAN • Add as eligible types for TIRZ and tax abatement incentives for new construction, modernization or expansion: — Non -convention center hotel — Multi -tenant office • Provide small businesses with as few as 20 employees access to full incentive level (currently reserved for businesses with 200+ employees) 2. Defining eligibility for incentives "By -Right" vs "Needs -Based" `hoices nITANDowntown AREA DEVELOPMENT PLAN Benefits Issues By -right with specific criteria • Clear, predictable, perceived as fair. current policy • Potential windfall profits to recipient. • Lacks flexibility for other project types. Needs -based with criteria • Level of incentive is justified. • Developer must demonstrate need. • Conserves funds for • Application/Review projects needing them require technical expertise most. (used in Dallas, Arlington) Both: By -Right for eligible • Clarity with flexibility • Same issues as for Needs - project types, plus Needs- based Based for additional TIRZ resources and/or for other project types 15 2. Defining eligibility for incentives Recommendations PLAN CrcCDDWflUWfl AREA DEVELOPMENT PLAN • Apply two-tiered incentive system to TIRZ #3 and, if possible, tax abatement • Tier one: basic incentives available as -of -right for eligible project types in appropriate locations - Example: 50% tax rebate or abatement for 5 years; TIRZ or city investment in up to $50,000 water connection upgrade - Underscores city's invitation to invest in downtown area • Tier two: additional incentives available for projects demonstrating financial need (feasible only with incentive) - Example: 100% tax rebate or abatement for 8 years based on demonstrated need; TIRZ-funded street tree installation along project street frontages — Promotes cost-effective use of incentive resources 16 3. Target areas outside TIRZ What is "Downtown?" PLAN CrcCDDWflUWfl AREA DEVELOPMENT PLAN • Areas appropriate for "downtown multifamily housing" tax incentives have been vaguely defined in recent policies and sometimes overlap with TIRZ #3 • Focusing reinvestment in more localized, marketable areas can offer more return on investment DADP Stud Area 17 3. Target areas outside TIRZ Recommendations • Outside TIRZ #3, prioritize application of tax abatement and other incentives (such as street and utility improvements, Type A funds) in focus areas with these qualities: — Visibility — Access — Large parcels appropriate for redevelopment — Multiple property owners — Opportunity to reinforce established adjacent neighborhoods • Retain flexibility to assist highly beneficial projects in other areas PLAN Cr LAwntown AREA DEVELOPMENT PLAN 18 4. Additional TIRZ districts Recommendations • Context: TIRZ has been proposed for North Beach • Current TIRZ #3: - Boundary appropriately focuses on areas of strongest market-driven development potential - Changing the boundary risks dispersing impact, dismantling a strong tool - TIRZ incentive project plan is being formed, not yet applied • Additional TIRZ zones may be considered after TIRZ #3 operations are well-established PLAN Cr LAwntown AREA DEVELOPMENT PLAN 19 5. Type A funds Recommendations er " Downtown AREA DEVELOPMENT PLAN • Continue to use Type A funds as a resource for affordable unit production in multifamily and single family buildings — Affordable (preferably mixed -income) housing development is often not feasible at the rates households can pay, without incentive — Multifamily housing adds undersupplied unit types (accessible, low -maintenance, views, walkable locations near transit and services) — Continued opportunity for affordable single-family homes in Uptown, Washington -Coles, North Beach — Funds may be applied to land purchase, utility upgrades or other forms of gap financing suitable to project 20 6. City's role in strategic use of land Recommendations • Establish redevelopment entity with ability for strategic land acquisition, holding and sale per plan criteria • Part of city-wide Plan CC approach • Focus on voluntary sales • Partner stakeholders can play supportive roles - DMD (development standards, marketing) - County, TxDOT, Port (land transfer to City, or use of City criteria for sales) LEGEND Puhisly [Innen potential sites of Development ® Port d Corpus Christi Chi d Carpis Chlsl Nunes CienIi Privately Owned i utenlwI rtes Development Pmaeir owner PIAN Cr DDWltUWfl AREA DEVELOPMENT PLAN Downtown AREA DEVELOPMENT PLAN Questions/ Discussion AGENDA MEMORANDUM City Council Meeting of April 14, 2015 DATE: April 3, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 UPDATE TO CITY COUNCIL Funding Options for Residential/Local Street Reconstruction Plan STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P. E. Executive Director Public Works 2. Constance P. Sanchez Director Financial Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: This presentation discusses existing and future potential funding options to address the residential/local street reconstruction plan. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Residential/Local Street Reconstruction — Funding Options tirpe'� Street Improvement Plan Residential/ Local Reconstruction Funding Options Council Presentation April 14, 2015 Overview of Update ➢ Basic Information on Street System ➢ Existing Resources ➢ Possible Resources ➢ Discussion Street System ➢ Existing Street System -1,234 Miles o 172 Miles Arterial Streets (14%) o 210 Miles Collector Streets (17%) o 852 Miles Residential/Local Streets & Alleys (69%) ➢ 2010 - Overall Condition of Street System o 20.3M Square Yards (SY) Total System o Approximately 50% of System in "Poor" Condition o Estimated Cost to Repair All Streets to "Good"- $ 967M ✓ $469M for Residential /Local in "Poor" Condition (5.7M SY) ✓ $368M for Arterial / Collector in "Poor" Condition (3.8M SY) ✓ $ 23M for Alleys in "Poor" Condition (0.3M SY) o Condition Result of 30 Years of Neglect ➢ 2014 - Current Estimate for Residential/Local Reconstruction o Estimated Cost to Repair to "Good" Condition - $881M (7.8M SY) 3 Existing Resources Revenue Source Years 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL Property Tax 5%growth 4%groth 4%growth 3/4% growth 336% growth 3%growth 3%growth 3%growth 3%growth Sales Tax 3%growth 3%growth 3%% growth 3M% growth 3M%growth 33696 growth 3M% growth 336% growth 336% growth General Fund Transfer $1,000,000 $1,000,000 $1,000,000 $ - $ - $ - $ 875,000 $1,800,000 $2,800,000 $2,800,000 $ 11,275,000 4%growth 4%growth 3%96 growth 314% growth 3%growth 3%growth 3%growth 3%growth 5% of Industrial District Revenue $ - $ 500,000 $ 520,000 $ 540,800 $ 559,728 $ 579,318 $ 596,698 $ 614,599 $ 633,037 $ 652,028 $ 5,196,208 Total $1,000,000 $1,500,000 $1,520,000 $ 540,800 $ 559,728 $ 579,318 $1,471,698 $2,414,599 $3,433,037 $3,452,028 $ 16,471,208 NOTE: The funding levels noted above are outlined as follows in Section 7 of the Financial Budgetary policies adopted by Resolution 030265 on 8/26/14. Possible Resources > Repurpose Sales Tax > Property Tax Increase > Assessments (Special Taxing District) > Street Maintenance Fee > Reallocation of General Fund Resources > Voter Approved Bonds > Future Defeased Debt > Legislative Initiatives Possible Resources ➢ Repurpose Sales Tax o Collection for Economic Development sales tax ends on April 1, 2018 o Generates $7.7M annually of which $2.5M was used for the Baseball Stadium Revenue Source Years 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL 3%growth 3%growth 31£96 growth 314% growth 314% growth 31S% growth 3106 growth 314% growth 314% growth Total Sales Tax Collections $ 7,691,000 $ 7,921,730 $ 8,159,382 $ 8,444,960 $ 8,740,534 $ 9,046,453 $ 9,363,078 $ 9,690,786 $10,029,964 $ 10,381,012 $ 89,468,899 Less: Allocation to Baseball Stadium $(2,500,000) $(2,500,000) $(2,500,000) $ (1,250,000) $ Less: Allocation to streets - $ - $ - $ - $ - $ - $ (8,750,000) $ - $ - $ - $ (1,250,000) $(2,500,000) $(2,500,000) $(2,500,000) $(2,500,000) $ (2,500,000) $ (2,500,000) $ (16,250,000) Remainder available for Affordable $ 5,191,000 $ 5,421,730 $ 5,659,382 $ 5,944,960 $ 6,240,534 $ 6,546,453 $ 6,863,078 $ 7,190,786 $ 7,529,964 $ 7,881,012 $ 64,468,899 Housing, Major Business Incentives, and Small Business Projects NOTE: • Every million dollars of debt service can fund approximately $15M in projects. • $2.5M of debt service for 20 years will fund approximately $37.5M of projects. 6 Possible Resources t rorPAN �v ➢ Property Tax Increase o Dedicated to residential streets o Current property tax rate is $0.585264 per $100 valuation o Each penny increase in property tax generates approximately $1.7M of revenue. Maximum Tax Rate per State Law $2.50 Possible Resources ➢ Reallocation of General Fund Resources GENERAL FUND AVAILABLE RESOURCES DISTRIBUTED OVER MAJOR SPENDING AREAS ($ in Millions) Sales Ta FY 1985 TOTAL ADOPTED BUDGET: $79 Million GENERAL FUND AVAILABLE RESOURCES DISTRIBUTED OVER MAJOR SPENDING AREAS ($ in Millions) FY 2015 TOTAL ADOPTED BUDGET: $229 Million 8 Possible Resources > Street Maintenance Fee o For both residential and non-residential customers o Currently generates $10.9M per year. o Increase and dedicate to residential streets Possible Resources > Assessments/Special Taxing Districts o Municipal Management Districts o Public Improvement Districts o Road Assessment Districts Possible Resources • Voter approved bonds • Future defeased debt Debt Capacity $200,000,000 $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 $58,450,000 in 2026 $16,035,000 through 2024 (O ^ tiR, ti0) ti0 'V '1, ti '0 ' , .`�o '11 ti� 'VO 'AO'VO'1, '1, 'VO'LO'�O'1, 'AO'VO'1, '1, 'VO'1, '�O Assumptions: • Issuance of $55M of debt every 2 years for 10 years • Increase in property tax rate in 2016 for Bond 2014 voter -approved debt • Issuance of $2M of debt every year for 10 years • Assumed projected increases in assessed values • Interest rate of 3.75% in 2016 and 4.5% in 2026 • 98% collection rate Possible Resources ➢ Legislative Initiatives o Fuel Tax o Vehicle Registration Fee 12 Additional Questions to Consider °V ➢ How much of the problem do we want to solve? ➢ What is our time horizon for solving it? ➢ What is our physical capacity to do the street work? Funding Options Residential/Local Reconstruction Discussion OF CORPUS C 4;1 -.MNHop, C> s,..., 4!),) / P.e.e,nrne Pow L II 4 Extending the life of our streets. 14 AGENDA MEMORANDUM City Council Meeting of April 14, 2015 DATE: TO: March 27, 2015 Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manger sthorpe@cctexas.com (361) 826-3898 Recommendation from Citizens Advisory Health Board (CAHB) regarding City -County Health District STAFF PRESENTER(S): Name 1. Susan K. Thorpe OUTSIDE PRESENTER(S): Title/Position ACM Name Title/Position 1. Dr. Tony Diaz CAHB Chairman BACKGROUND: Department Executive Organization Dr. Tony C. Diaz, Chairman of the Citizens Advisory Health Board (CAHB), contacted the City Manager's Office to request to make a presentation to the City Council. The CAHB recently voted to recommend changes to the Health District's reporting structure. Specifically, the CAHB Board voted to suggest Nueces County Commissioners Court be the designated and sole governing body of the City -County Public Health District. See attached letter and CAHB meeting minutes. Dr. Diaz will be making the presentation on behalf of the CAHB. LIST OF SUPPORTING DOCUMENTS: Letter — Correspondence from CAHB Chairman Tony Diaz Minutes 1 — February 11, 2015 CAHB Meeting Minutes Minutes 2 — March 11, 2015 CAHB Meeting Minutes Corpus Christi - Nueces County Public Health District Public Health Prevent Promote Protect March 11, 2015 Honorable Nelda Martinez, Mayor 1201 Leopard Street Corpus Christi, TX 78401-3602 Dear Mayor Martinez: The Citizens Advisory Health Board (CAHB) of the Corpus Christi-Nueces County Public Health District was created to advise and render guidance to the City and the County in matters of public health. The purpose of the CAHB is to acquaint itself with details of the operation, services, and programs; to make recommendations, comments, or suggestions to the City Council and the Commissioners Court regarding community health issues. After observation of the coordination and communication difficulties resulting from operating under two governing bodies, the CAHB recommends restructuring of the Health Department to function in a streamlined, cost efficient and operationaIIy effective format on the behalf of public safety. Herein, the Citizens Advisory Health Board of the Corpus Christi-Nueces County Public Health District recommends that the Nueces County Commissioners Court be the designated and sole governing body of the City -County Public Health District. The Board believes that this restructuring measure will enhance the effectiveness and efficiency of the health department's service to our community. Please let me know when our Citizen's Advisory Health Board can be scheduled to make a presentation to the Commissioners Court and City Council to further clarify our recommendation. Respectfully yours, Tony C. Diaz Ed. D. Chairman Citizens Advisory Health Board 1702 Horne Road Phone Number: (361) 826-7205 Corpus Christi, Texas 78416 Fax Number: (361) 826-4484 Corpus Christi - Nueces County Public Health District Public Health Prevent Promote Protect Cc: Chad Magill, At Large Lillian Riojas, At Large Mark Scott, At Large Carolyn Vaughn, District 1 Brian Rosas, District 2 Colleen McIntyre, District 4 Rudy Garza Jr., District 5 1702 Horne Road Phone Number: (361) 826-7205 Corpus Christi, Texas 78416 Fax Number: (361) 826-4484 Members Present: Members Absent: Health District: Minutes CITIZENS ADVISORY HEALTH BOARD February 11, 2015 Corpus Christi-Nueces County Public Health District 1702 Horne Road, Administration Conference Room Tony Diaz - Chairman, Elizabeth Sefcik- Vice Chairman, Annie Galvan, Sandra Heatherley, Charles Pendlyshok, and Pamela Brouillard Belinda Flores and Pamela Meyer Annette Rodriguez, Dr. Burgin, Stephanie Smith, Dina Chavez and Debra Ytuarte Meeting Outline Minutes Action Taken Timeline/ Responsible Party Call to Order Tony Diaz, called the meeting to order The meeting was called to at 12:00 pm. order when a quorum of six members was present. Review October Review and possible action on October Absences absences: Charles Pendlyshok and Annie A motion was made to and Galvan. seconded to excuse Charles Pendlyshok and Review October Review and possible action October minutes Annie Galvan October Minutes absences All in favor; motion carried Dr. Diaz asked that members re -commit to A motion was made and Commitment to attend CAHB meetings regularly seconded for the October attend meetings minutes to be approved. All in favor; motion carried Nomination of Dr. Diaz asked for nominations and possible A motion was made and Officers action of officers seconded for the nomination of Dr. Diaz for Chairman and Elizabeth Directors Report Annette Rodriguez, Director of Public Health Sefcik Vice Chairman All gave report on 1115 waiver in favor; motion carried Review and On a letter to be drafted suggesting Nueces A motion was made and Possible Action County Commissioners Court be the seconded; Under a designated and sole governing body of the unanimous vote; motion City -County Public Health District. carried. Nurse -Family Stephanie Smith gave report on the Nurse - Partnership Family Partnership Program. Update Dr. Burgin gave Local Health Authority report Local Health on Ebola, Measles, E -sig, Obesity, Diabetes Authority Report and Energy drinks 1 Next Meeting Next meeting: March 11, 2015. Discussion of possible agenda items. Agenda • Discussion on MEND program • Health department services to be reviewed • Letter to be distributed suggesting Nueces County Commissioners Court be the designated and sole governing body of the City-County Public Health District. • Immunizations — Measles statistics • Vector control - mosquito infestation No public Comment A motion was made and Public Comment a second for adjournment. All in favor; motion carried. Adjournment @ 1:05 pm Adjournment 2 Members Present: Members Absent: Health District: Minutes CITIZENS ADVISORY HEALTH BOARD March 11, 2015 Corpus Christi-Nueces County Public Health District 1702 Horne Road, Administration Conference Room Tony Diaz - Chairman, Elizabeth Sefcik- Vice Chairman, Sandra Heatherley, Charles Pendlyshok, Pamela Meyer and Pamela Brouillard Annie Galvan. Belinda Flores Debra Ytuarte Meeting Outline Minutes Action Taken Timeline/ Responsible Party Call to Order Tony Diaz, called the meeting to order at 12:00 pm. The meeting was called to order when a quorum of six members was present. Review February Review and possible action on February absences: Belinda A motion was made to and Absences Flores and Pamela Meyer seconded to excuse Belinda Flores and Pamela Meyer February absences. All in favor; motion Review February Review and possible action February minutes carried. Minutes A motion was made and seconded for the minutes Director's Report Annette Rodriguez was not available to be approved. All in favor; motion carried Board agreed to table subject of director's report on the 1115 waiver until next meeting Review Vector Steven Bly gave a written report on mosquitos Board read and approved Control Report written report on cause and effect of mosquitoes also reviewed spraying schedule Review Lala Yerger and Linda Simmons gave a written report on Board read and approved Immunization Measles/Immunizations written report on measles Report outbreak and number of measles immunizations administered in Nueces Co. Review Dr. Diaz Review and possible action for letter to be distributed to the A motion was made and recommendation County Judge and City Manager recommending Nueces seconded for the letter County Commissioners Court be the designated and sole recommendation letter to governing body of the City -County Public Health District be distributed. It was a unanimous vote; All in favor; motion carried 1 Next Meeting Next meeting: April 8, 2015. Discussion of possible agenda items. Agenda • Update on Nurse Family Partnership • Update on 1115 waiver • Discussion on number of Diabetics' in Nueces County • Discussion on Pros/Cons of Nueces County Commissioners Court to designated the sole governing body of the City-County Public Health District • Discussion on Improvements to Health department — Facebook page Public Comment No public Comment Adjournment Adjournment @ 1:00 pm 2