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Home My WebLink AboutAgenda Packet City Council - 04/21/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 21, 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. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Paul Pierce, Assistant City Secretary. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0381 Proclamation declaring April 21, 2015, "Radiology Associates Day" Proclamation declaring April 19-25, 2015, "National Crime Victims' Rights Week" Proclamation declaring April 20-24, 2015, "Human Trafficking Awareness Week 2015" Proclamation declaring April 24-25, 2015, "Texas A&M Health Science Center Tropical and Infectious Diseases Impacting Texas Weekend" Proclamation declaring April 2015, "Corpus Christi Safe Digging Month" Certificate of Commendation Presented to Alfredo Segura of the City Parks and Recreation Department Check Presentation from AEP for Energy Efficiency Program, Phase 2 Rebate F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 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: (ITEMS 2 - 5) 2. 15-0384 Executive Session pursuant to Section 551.074, Texas Government Code, to consider the evaluation of performance and employment of the City Secretary, with possible action and discussion in open session. 3. 15-0383 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. 4. 15-0389 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning status and potential settlement of litigation, including City of Corpus Christi v. MPM Homes, Inc., with additional discussion and possible action in open session concerning any matters related thereto. 5. 15-0390 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning status and potential settlement of claims, including claims from AT&T and Fiber Light, LLC regarding damage to buried cables, with additional discussion and possible action in open session concerning any matters related thereto. I. MINUTES: Corpus Christi Page 2 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 6. 15-0382 Regular Meeting of April 14, 2015 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 7 - 14) 7. 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. Sponsors: Office of Public Utilites and Capital Programs 8. 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. Sponsors: City Secretary's Office 9. 15-0310 Second Reading Ordinance - Rezoning for a Special Permit for a Transitional Housing Facility at 1508 Leopard Street (1st Reading 4/14/15) 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: Corpus Christi Page 3 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 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. Sponsors: Development Services 10. 15-0315 Second Reading Ordinance - Amending the Wastewater Collection System Master Plan (1st Reading 4/14/15) 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. Sponsors: Development Services 11. 15-0322 Second Reading Ordinance - Appropriating funds from back filing of E911 fees from Vonage (1st Reading 4/14/15) 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. Sponsors: Police Department 12. 15-0349 Second Reading Ordinance - Adopting the Corpus Christi Maintenance Code (CCPMC) and approving licensing agreement with the International Code Council (1st Reading 4/14/15) 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 Corpus Christi Page 4 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 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. Sponsors: Police Department 13. 15-0278 Second 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 (1st Reading 4/14/15) 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. Sponsors: Development Services 14. 15-0284 Second 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 (1st Reading 4/14/15) 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 Sponsors: Development Services M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 15 - 21) 15. 15-0361 Direction regarding 2012 Bond Projects Resolution directing staff to proceed with bidding remaining Bond 2012 Projects; and providing direction on specific projects. Sponsors: Capital Programs and Office of Public Works 16. 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., Corpus Christi Page 5 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 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. Sponsors: Purchasing Division and Legal Department 17. 15-0203 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. Sponsors: Water/Wastewater Treatment and Capital Programs 18. 15-0273 Second 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 (1st Reading 4/14/15) 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. Sponsors: Development Services 19. 15-0274 Second Reading Ordinance - Closing a portion of a public right-of-way, located south of Williams Drive and north of Holly Road (1st Reading 4/14/15) 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. Sponsors: Development Services 20. 15-0304 Second 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 (1st Reading 4/14/15) Corpus Christi Page 6 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 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. Sponsors: Development Services 21. 15-0298 Second Reading Ordinance - Amending City Code regarding disbanding the Cable Communications Commission (1st Reading 4/14/15) Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 2 and Chapter 55 regarding disbanding of the Cable Communications Commission Sponsors: Communications and Media Relations & eGovernment O. FIRST READING ORDINANCES: (ITEMS 22 - 27) 22. 15-0348 First Reading Ordinance - Accepting a donation from the Port of Corpus Christi Authority for training firefighters in marine firefighting from the landside Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the landside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. Sponsors: Fire Department 23. 15-0127 First Reading Ordinance - Amending City Code regarding park and beach vendors Ordinance amending Chapter 38 of the City Code of Ordinances regarding park and beach vendors. Sponsors: Parks and Recreation Department 24. 15-0267 First Reading Ordinance - Lease Agreement renewal for Ben Garza Field and Clara Driscoll Field Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for baseball program. Sponsors: Parks and Recreation Department 25. 15-0323 First Reading Ordinance - Approving the sale of a narrow strip of land for a future street right-of-way Ordinance approving the sale of a narrow strip of land -- 0.169 acres out Corpus Christi Page 7 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 of the City's 4.39 acre tract to MPM Development, LP (Developer) for the amount of $7,600.00, for the use in constructing future street right-of-way necessary for Developer's proposed Bordeaux Place Unit 4 Subdivision development and associated plat; and authorizing the City Manager or designee to execute a Real Estate Sales Contract, Special Warranty Deed, and all closing documents necessary for the sale and conveyance. Sponsors: Capital Programs 26. 15-0254 First Reading Ordinance - Approving a Real Estate Sales Contract for the Citizen's Collection Center for Flour Bluff/Padre Island Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $78,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center - Flour Buff/Padre Island; increasing expenditures in the amount of $78,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center - Flour Bluff/Padre Island Area Project #E12190. Sponsors: Capital Programs and Solid Waste Operations 27. 15-0202 First Reading Ordinance - Amendment No. 1 to Lease for Real Property for U.S. Coast Guard Navigational Marker ACLL 7817 Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. Sponsors: Capital Programs P. RECESS COUNCIL MEETING CORPORATION MEETINGS: (ITEMS 28 - 29) 28. 15-0334 Corporation Meeting of the Coastal Bend Health Facilities Development Corporation Corpus Christi Page 8 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 Annual Meeting of the Coastal Bend Health Facilities Development Corporation Sponsors: City Secretary's Office 29. 15-0335 Corporation Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation Annual Board Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation Sponsors: City Secretary's Office Q. RECONVENE COUNCIL MEETING R. FUTURE AGENDA ITEMS: (ITEMS 30 - 35) 30. 15-0325 Purchase and Installation of Casework, Lab Benches, Cabinetry, and a Chemical Hood Motion approving the purchase and installation of the casework, lab benches, cabinetry, and the chemical hood necessary to renovate three (3) laboratory rooms at the Water Utilities Laboratory from VWR International, LLC, Irving, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $72,820.63. Funds have been budgeted by the Utilities Department in FY 2014- 2015. Sponsors: Purchasing Division and Office of Public Utilites 31. 15-0319 Approving Amendment No. 1 to Professional Services Contract for Signal Improvements and Street Lighting Project (Bond 2012) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas in the amount of $30,321.74 for a re -stated fee not to exceed $79,833.85 for the Signal Improvements and Street Lighting BOND 2012 project. Sponsors: Capital Programs and Office of Public Works 32. 15-0332 Engineering Construction Contract and Design Contract Amendment No. 1 Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements and to execute Amendment No. 1 to a Contract for Professional Services with Engineering & Construction Management Services, LLC (ECMS, Corpus Christi Page 9 Printed on 4/21/2015 City Council Meeting Agenda - Final April 21, 2015 LLC) in the amount of $97,440.00 for a restated fee of $114,940.00 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. Sponsors: Capital Programs and Office of Public Works 33. 15-0297 Interlocal Agreement with the Port of Corpus Christi for Sam Rankin Street from Port Avenue to West Broadway Street Motion authorizing the City Manager or designee to execute an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for improvements to Sam Rankin Street from Port Avenue to West Broadway Street. Sponsors: Capital Programs and Intergovernmental Relations 34. 15-0321 Interlocal Agreement with Texas A&M University Kingsville for a decision support modeling system for modeling the water resources around Choke Canyon Reservoir Region Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. Sponsors: Environmental and Strategic Initiatives and Capital Programs 35. 15-0327 Interlocal agreement with Tuloso-Midway Independent School District for public infrastructure Resolution authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. Sponsors: Development Services and Legal Department S. BRIEFINGS: (ITEM 36) 36. 15-0359 Water Rate - Adjustments and Unit Costs Sponsors: Office of Public Utilites and Water/Wastewater Treatment T. LEGISLATIVE UPDATE: U. ADJOURNMENT Corpus Christi Page 10 Printed on 4/21/2015 Corpus Christi Meeting Minutes 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Chaplain Lynne Blackler, CHRISTUS Spohn Health System. Chaplain Lynne Blackler gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert-Anaya, Interim Director of Parks and Recreation. Acting Director of Parks and Recreation Stacie Talbert Anaya 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 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 Corpus Christi Page 1 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 Weekend" Proclamation declaring April, "Distracted Driving Awareness Month" Mayor Martinez presented the proclamations. 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 referred to comments from the public. Sandra Heatherley thanked the City Council for their service to the community and extended an invitation to attend a forum on the Management of Fresh Water in South Texas. Thursday, April 16, 2015 from 5:30 p.m. to 8:00 p.m. at the Del Mar Center for Economic Development, Room 106. Greg Smith informed the City Council of two (2) resolutions approved by the Island Strategic Action Committee (ISAC): a recommendation to change ISAC membership requirements and to research alternatives for grant funding for Access Road 2A. Mary Lou Huffman encouraged the City Council to consider Agnes Street for redevelopment. Ms. Huffman spoke on changing the name of Code Enforcement to Code Compliance and allowing more time for residents to address code violations. Erica Kemm and Carl Yowell spoke regarding Item 36, Residential/Local Street Reconstruction - Funding Options and the need for street and drainage improvements in the Lindale Subdivision. Council Member McIntyre requested information regarding the regulation of heavy trucks on local streets. Jack Gordy spoke regarding the City hiring outside attorneys that do not live in Corpus Christi. Kevin Hill spoke regarding the realignment of Shoreline Boulevard. Luis Gutierrez was upset that the upcoming "Fiesta de la Flor" event was sold out and stated that he feels the Corpus Christi Convention and Visitors Bureau falsely advertised the ability to purchase tickets at the door. Mr. Gutierrez feels the event was focused more on visitors than residents. Jim Gold, Chris Mitchell, Robert Cagle, Evonna Howard, Dr. Glen Kost, Abel Alonzo and Ernest and Yvonne Gutierrez spoke in support of Item 20, rezoning for The Salvation Army. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor Martinez referred to City Manager's Comments. City Manager Olson reported on the following topics: 1) The Council has recently considered moving forward with a Request For Proposal (RFP) for the design -build construction for Bayshore Park. City Manager Olson stated that part of the process will include public comment so that interested citizens, including Mr. Kevin Hill, can provide input to the designers and the Park and Recreation Advisory Board regarding the park area. 2) City Manager Olson informed the City Council of the upcoming activities: "Wings Over South Texas" Blue Angels Show April 18-19, 2015; "Fiesta de la Flor" April 17-18, 2015; Texas America Waterworks Conference beginning April 15, 2015 through the end of the week; and the Corpus Christi Hooks will be playing at home every night from April 16-21, 2015. 3) The Corpus Christi Page 2 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 Emergency Operations Center (EOC) was activited this morning due to the severe storm and was prepared to handle any issues. City Manager Olson said this morning's event helped the EOC practice in the event an emergency disaster strikes. The storm produced flooding, electricity outages and downed trees and staff is currently assessing the damage. Mr. Olson announced that any citizen that needs help or wants to report an issue can contact the City's Call Center at 826-2489(CITY). In response to Council Member McIntyre, City Manager Olson said staff is still evaluating the extent of the damage to validate the need for any additional brush pickup. I. MINUTES: 3. Regular Meeting of March 31, 2015 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member McIntyre and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: 4. Airport Board Island Strategic Action Committee Parking Advisory Board Mayor Martinez referred to Board and Committee appointments. The following appointments were made: Airport Board Council Member McIntyre made a motion to reappoint Dana Gunter and Kelly Harlan, seconded by Council Member Riojas. The motion failed with the following vote: Martinez, McIntyre, and Riojas voting "Aye"; Garza, Magill, Rosas, Rubio, and Vaughn voting "No"; Scott was absent. Council Member McIntyre made a motion to reappoint Dana Gunter, seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion to appoint Joseph C. Wise, Jr., seconded by Council Member McIntyre and passed unanimously. Council Member Magill made a motion to appoint Karl A. Tomlinson, seconded by Council Member Garza and passed unanimously. Island Strategic Action Committee Council Member McIntyre made a motion to realign Rick Sowash to the category of At -Large and Carter L. Tate to the category of Realtor, seconded by Council Member Scott and passed unanimously. Parking Advisory Committee Council Member Magill made a motion to accept the Corpus Christi Convention and Visitors Bureau's recommendation for the new appointment of Erica Lozano, seconded by Council Member Rubio and passed unanimously. Corpus Christi Page 3 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 - 17) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. Mayor Martinez called for comments from the public. Kevin Hill spoke regarding Items 7 and 8, regarding the realignment of Shoreline Boulevard, and addressed improvements needed at crosswalks located at Ocean Drive and Ayers Street, Coopers Alley, and the sidewalk located at Kinney Street and Park Avenue. Council Member Scott requested that Items 8 and 10 be pulled for individual consideration. The consent agenda items were approved by one vote as follows: 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 5. Purchase of Patterson Pump Rotor Assembly 6. 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. This Motion was passed on the Consent Agenda. Enactment No: M2015-032 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 passed on the Consent Agenda. Enactment No: 030467 7. Approving Change Order No. 13 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Corpus Christi Page 4 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 9. 11. 12. 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 passed on the Consent Agenda. Enactment No: M2015-033 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 Christi Police Officers, and 4 lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030468 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030470 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 Corpus Christi Page 5 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 13. 14. Feeding Texans. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030471 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030472 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030473 15. Second Reading Ordinance - Amending City Code relating to the Transportation Advisory Board (1st Reading 3/31/15) 16. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030474 Second Reading Ordinance - Appropriating additional Federal grant funds for upgrades to security and perimeter road systems at the airport (1st Reading 3/31/15) Corpus Christi Page 6 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030475 17. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030476 8. 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). Mayor Martinez referred to Item 10. Council Member Scott asked questions regarding the punch list of items the Council asked staff to address on the Shoreline Boulevard Realignment Project including the lack of ramps, speed bumps, patches and utilities. Executive Director of Public Works Valerie Gray said staff will provide the City Council with a punch list. There were no comments from the public. 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: M2015-034 Corpus Christi Page 7 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 10. 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. Mayor Martinez referred to Item 10. Council Member Scott pulled Item 10 to acknowledge the volunteers with the Senior Community Services Programs. Council Members Scott, Riojas, McIntyre, and Mayor Martinez commented on their experiences when spending time with the seniors participating in senior programs. There were no comments from the public. 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: 030469 M. PUBLIC HEARINGS: (ITEMS 18 - 20) 20. 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 Corpus Christi Page 8 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 18. 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. Mayor Martinez referred to Item 20. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for a transitional housing facility for homeless families and veterans called "Center of Hope". Mr. Grimsbo stated that the Planning Commission and Staff are in favor of the zoning change with a Special Permit subject to the stated conditions. Mayor Martinez opened the public hearing. Justin Elizondo, Chairman of the Homeless Issues Partnership (HIP) and Major Terry Ray, Regional Coordinator for the Salvation Army, spoke is support of the project. Mayor Martinez closed the public hearing. Council Members asked questions regarding the condition to enter into an Adopt -a -Park agreement for Lovenskiold Park if possible and requested that staff clarify this condition and the number of units allocated for veterans. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was heard on public hearing and 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 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. Mayor Martinez referred to Item 18. Director of Development Services Dan Grimsbo stated that 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. Mr. Grimsbo said staff recommends that payment of the fair market value be waived. Mayor Martinez opened the public hearing. There were no comments from the public. Council Member Magill requested that location maps for Items 18, 20, and 25 be included in the packet for second reading. Council Member Rubio asked what the specified time frame was to comply with all the conditions. Mr. Grimsbo said he would provide that information. Council Member Magill 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: Corpus Christi Page 9 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 19. 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 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 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. Mayor Martinez referred to Item 19. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a portion of a 20 -foot wide public right-of-way in conjunction with development of the Oso River Estates Unit 2. Mr. Grimsbo said staff recommends that payment of the fair market value be waived. Mayor Martinez opened the public hearing. Kevin Hill asked if the property is being given to the adjacent property owner. Mr. Grimsbo stated that the property is going back to the owner for development because the City has determined that the property has no value to the City. Mayor Martinez closed the public hearing. 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: 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 H. EXECUTIVE SESSION: (ITEM 2) 2. Mayor Martinez referred to the day's executive session. 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. M. PUBLIC HEARINGS: (ITEM 21) Corpus Christi Page 10 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 21. 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; providing for severance; and providing for publication. Mayor Martinez referred to Item 21. Director of Development Services Dan Grimsbo stated that the purpose of this item is to amend the City's Wastewater Collection System Master Plan by allowing approximately 17 acres to be relocated from the Wooldridge 11 Lift Station 48 service area to the Wooldridge Lift Station 61 service area. Mr. Grimsbo said the Planning Commission and staff are in favor of the amendments. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member McIntyre made a motion to approve the ordinance, 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 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 22 - 27) 22. 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. Mayor Martinez referred to item 22. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate funds that were previously not paid for by Vonage for 911 service fees in the amount of $39,533.05. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading with the following vote: Corpus Christi Page 11 Printed on 4/17/2015 City Council Meeting Minutes April 14, 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 23. 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. Mayor Martinez referred to Item 23. Police Chief Floyd Simpson stated that the purpose of this item is to amend the City Code of Ordinances, to repeal the adoption of the Southern Standards Housing Code, 1973 Edition and adopt the Corpus Christi Property Maintenance Code based on the International Property Maintenance Code, 2009 Edition. Chief Simpson said the Property Maintenance code reflects the local conditions and traditional local requirements of the City of Corpus Christi. The Ordinance is also requesting the approval of a licensing agreement with the International Code Council for copyright use of the International Property Maintenance Code. Chief Simpson stated that staff decided to proceed with the adoption of the 2009, as opposed to the current 2012 version, to be in line with other departments and will be updated to the 2012 version in the next eighteen months. There were no comments from the public. Council members spoke regarding the following topics: consideration to have Development Services and the Fire Department approve a licensing agreement for access to the International Codes; how to address "overlap" citations received in the interim; the amount of time to comply with violations; addressing absentee landlord issues; concerns with issuing citations to citizens for unreasonable, unusable sidewalks requiring the property owner to replace sidewalks; and informing the public of the new Property Maintenance Code. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading 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 12 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 Abstained: 0 24. 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. Mayor Martinez referred to Item 24. Director of Development Services Dan Grimsbo stated that the purpose of this item is to approve the execution of a water arterial transmission and grid main construction and reimbursement agreement with MPM Development, LP, for the construction of a water arterial transmission and grid main line. Mr. Grimsbo said staff recommends approval of the agreement. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading 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 - 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 Mayor Martinez referred to Item 25. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a utility easement and allow for the future development of the property located north of Saratoga Boulevard and east of the Airline Road public street right-of-way. Mr. Grimsbo said staff recommends that payment of fair market value be waived. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Corpus Christi Page 13 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 McIntyre. This Ordinance was passed on first reading 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 - 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. Mayor Martinez referred to Item 26. Director of Development Services Dan Grimsbo stated that the purpose of this item is to 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. It is staffs opinion that wastewater facilities will not be available within the next 15 years. There were no comments from the Council or the public. Mr. Garza made a motion to approve the ordinance, seconded by Council Member Riojas. Mr. Grimsbo stated that in response to Council Member Rubio's question on Item 18, the owner must comply within 180 days. Mr. Grimsbo said this language was left out of the ordinances on Items 18 and 19 and will be corrected prior to second reading. This Ordinance was passed on first reading 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 Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 27. First Reading Ordinance - Amending City Code regarding disbanding the Cable Communications Commission Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 2 and Chapter 55 regarding disbanding of the Cable Communications Commission Mayor Martinez referred to Item 27. Director of Communications Kim Womack stated that the purpose of this item is to disband the Cable Communications Commission and to move administrative functions to the Communications Department. Ms. Womack explained that Corpus Christi's municipal cable franchise was dissolved by state law in June 2012 and since then, the duties of the Cable Communications Commission have changed to primarily regulate public access channel rules and procedures. The Cable Communications Commission and both user groups are in favor of the ordinance and Ms. Corpus Christi Page 14 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 Womack stated that the she does not foresee any additional workload issues in taking on the administrative functions. Ms. Womack explained that there was one controversial item in the procedures proposed in page 7, Section 55-446(6) (C) stating "programs with original production dates older than 4 years from the proposed air date shall not be shown on public access". Ms. Womack said this language was recommended by staff in order to improve the quality of public access programming because of technology changes. Mayor Martinez called for comments from the public. Jack Gordy spoke in opposition to Section 55-446(6)(C) and stated that 91 out of 92 members of the Public Access User Group 10 disagree with this section. Mr. Gordy said this language should not be limited to four (4) years and should include language only if the production is bad quality. Council members spoke regarding the following topics: staff's reasoning behind limiting to a four (4) year period; the types of programming; including language defining the technology quality rather than basing the focus on the age of the programming. Council Member McIntyre made a motion to strike the language on page 7, Section 55-446(6)(C), seconded by Council Member Magill and passed unanimously. This Ordinance was passed on first reading as amended 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 P. FUTURE AGENDA ITEMS: (ITEMS 28 - 31) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 28, 29, and 30. 28. 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. This Motion was recommended to the consent agenda. 29. Direction regarding 2012 Bond Projects Resolution directing staff to proceed with bidding remaining Bond 2012 Projects; and providing direction on specific projects. This Resolution was recommended to the consent agenda. 30. Authorizing Agreement for All Risk Property Insurance Coverage Motion authorizing the City Manager to execute a one-year agreement, Corpus Christi Page 15 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 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. This Motion was recommended to the consent agenda. 31. 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. This Motion was recommended to the consent agenda. Q. FUTURE CORPORATION MEETING: (ITEMS 32 - 33) Mayor Martinez referred to Future Corporation Meetings and stated that the corporation meetings would be held at the next meeting. 32. Future Corporation Meeting of the Coastal Bend Health Facilities Development Corporation Annual Meeting of the Coastal Bend Health Facilities Development Corporation This Corporation Meeting was recommended to be held. 33. Future Corporation Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation Annual Board Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation This Corporation Meeting was recommended to be held. R. BRIEFINGS: (ITEMS 34 - 37) 34. Overview of Plan CC Comprehensive Plan 2035 Mayor Martinez referred to Item 34. Annika Gunning with development Services stated that the purpose of this item is to have the planning consultant present an overview of the Plan CC Comprehensive Plan 2035. Larissa Brown, Principal with Stantec Urban, presented information on: the status of the process; the overall picture; the four key issues to the vision; a diagram of the strategic policy priorities; the future land use map; land use policy issues; land use Corpus Christi Page 16 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 compatibility transition areas; an orderly development system for annexed area; infrastructure funding options; potential annexation areas; housing revitalization and affordable housing; and how to implement strategies, capacity building and coordination. Council members spoke regarding the following topics: the current zoning for annexed land; reducing sprawl in annexed areas; whether consideration was given to the topography and elevation of the potential Calallen/Northwest annexation area; housing revitalization in the current Memorial Hospital area; establishment of a timeline indicating what is achievable and realistic; grant proposal writing; re-establishment of the Planning Department; focusing on the downtown, Six Points, Westside, and Flour Bluff areas for housing revitalization and affordable housing; targeting Community Development Block Grant (CDBG) funds for housing and mixed-use; incorporating a focus on a healthy community as a guiding principal; concentration on infill development; engaging the younger residents in the planning process; strengthening the workforce; focusing on implementation and developing a process mechanism; guidance on the transitional aviation district; and follow-up components. Ms. Brown announced that the next community meeting is scheduled for May 9, 2015 from 9:00 a.m. to 11:30 a.m. at the American Bank Center. 35. Overview of the Downtown Area Development Plan and Development Incentives Mayor Martinez referred to Item 35. Annika Gunning with Development Services stated that the purpose of this item is to allow the planning consultant to present an overview of the draft Downtown Area Development Plan and recommendations for development incentives. Ben Carlson, Director of Urban Design for Goody Clancy, presented information on: the process update; the five (5) major themes of the Downtown Area Development Plan; the ten (10) implementation initiatives; major outstanding policy issues; the project types eligible for incentives and recommendations; defining eligibility for incentives "by -right" versus "needs -based" and recommendations; targeting areas outside the Tax Increment Reinvestment Zone (TIRZ) and recommendations; additional TIRZ district recommendations; Type A fund recommendations; and the City's role in strategic use of land recommendations. Council members spoke regarding the following topics: the opportunity to use gap financing to stimulate the downtown area; next steps for TIRZ #3 (downtown); ways to use the TIRZ as an incentive for new development; whether to differentiate between full service and limited service on non -convention center hotel incentives; the desire to have an educational presence in the downtown area; using the TIRZ to leverage another source; incorporating mixed use and retail opportunities. Mayor Martinez called for a 20 -minute break. 36. Residential/Local Street Reconstruction Plan - Funding Options Mayor Martinez referred to Item 36. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to discuss the existing and future potential funding options to address the residential/local street reconstruction plan. Director of Financial Services Constance Sanchez provided the following information: an overview of the street system and the 2014 current estimate; Corpus Christi Page 17 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 the existing resources allocated; and the potential possible resources which include re -purposing sales tax; a property tax increase; reallocation of General Fund resources; a street maintenance fee; assessments/special taxing districts; voter approved bonds and future defeased debt; and legislative initiatives. Ms. Sanchez concluded the presentation with three additional considerations: 1) how much of the problem to solve; 2) the time horizon for solving the problem; and 3) the physical capacity to do the street work. Council members spoke regarding the following topics: the impacts of re -allocating General Fund resources; whether the debt capacity includes the issuance of $55 million of debt every two (2) years; consideration to change the issuance of debt to every four (4) years; legislative initiatives and consideration for bracket bills; the realistic physical capacity and how many local streets can be added knowing what needs to be done on the collectors and arterials; additional concerns with construction and material capacity; developing a matrix, taking into consideration the condition of the streets, drainage and utilities; re -purposing the sales tax; the difference between taxing districts and assessments; the process for billing public improvement districts; how paving liens are assessed and the percentage of collection and paid off liens; strategies to amend the Unified Development Code (UDC) to create a new design policy for new subdivisions or building concrete streets; additional sales tax increases; increasing the portion of the industrial districts; discussion with the Regional Transportation Authority (RTA) regarding contributions to residential/local streets; finding a sustainable funding source and identifying additional funding sources; the RESTORE ACT; the use of pothole patching and killer trucks; the Street Department contracting for additional help to repair potholes; have staff come back with a recommendation for solutions; the viability of the rollback revenue rate; and the economic trends in sales tax. City Manager Olson said staff will come back with a presentation on assessments and public improvement districts and provide details on the industrial district revenues. Mayor Martinez made a motion directing the City Manager to prepare for the 2016 Election to re -purpose the sales tax for the baseball stadium, seconded by Council Member McIntyre and passed unanimously. Mayor Martinez made a motion directing the City Manager to hold the next Bond Election in 2018 for the reconstruction of arterials and collectors in the amount of approximately $110,000,000, seconded by Council Member McIntyre and passed unanimously. Council Member Magill made a motion directing the City Manager to speak with the RTA on behalf of the City Council regarding of the one-eighth cent sales tax, seconded by Council Member Rubio and passed unanimously. 37. Recommendation from Citizens Advisory Health Board (CAHB) regarding City -County Health District Mayor Martinez referred to Item 37. Assistant City Manager Susan Thorpe introduced Dr. Tony Diaz, Chairman of the Citizens Advisory Health Board. Dr. Diaz presented information on the City -County Health District's mission and functions. Dr. Diaz stated that after observing the difficulties in coordination and communication under the City of Corpus Christi and Nueces County, the Corpus Christi Page 18 Printed on 4/17/2015 City Council Meeting Minutes April 14, 2015 Citizen's Advisory Health Board recommends designating the Nueces County Commissioners Court as the governing body of the City -County Health District. Council members spoke regarding the following topics: the change in operations; the mandated responsibilities for the City; how the discussion with Nueces County would work; and fully exploring the agreement and responsibilities. There was a consensus of the Council to support the Citizens Advisory Committee's recommendation. S. LEGISLATIVE UPDATE: T. ADJOURNMENT None. City Manager Olson informed the City Council that beginning April 28th, the Executive Team, comprised of the City Manager and Assistant City Managers, will be available once a month from 10 a.m. to 11:00 a.m., prior to a City Council meeting, to provide an opportunity for residents to talk to city management. The meeting was adjourned at 8:02 p.m. Corpus Christi Page 19 Printed on 4/17/2015 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 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 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. Err-Nr•arr:EF:•"‘.„ rq• rt I .2 Tie F 77. • El.""-.............•=tirs12:47=1";;All ' • • r: • =ISE ;al -7 ' •`• • =X' ••'...:Z= ••• r•-•••=====.747 " •--4...."11"-= =VI= nr&T rIN MAP SHOT IMA SHUT COWER SMELT NO MISCELLANEOUS NFORLIAtION SHEET 2 MANIC. CAP1G AMO OMANACE PON. STREET MD 51079 57977 MROMES SHEET 3 SHEET SWUM 579577*730 *0 77 myAm 0717 sftSlfl*0Y SEMEN PROWS STORM 7747373 pC41tJTtII PREVIDATIOM PLAN ESIVAATE WYMAN', MO RASE MAPS MEET UM SiDEMALA MEWLS 0MITMAMAIttm.Lmml PO7 WAWA. 7,•-• tX-.Z •••• An 11,1k 0:0.1'71•!'"' BASS AND WELSH ENCA.MEITIM Ira aceasumm F-21. SP61 73737( 70 I MPREITEMENT S 10 070011711 tmi I T COWLS CPR 'AXLES CIL Ts CCNOI SHEET MAD wscru....too AMAMI, Exhibit 2 Page 1 of 5 L_ o' L -1- 133 131`4154iNE . W-113'! —1. EIBEMENIESSIMMit- cc' 111111117.11 MEIN 12 • b 52070'4 y, 729.37 ;L.ID ./ ti1i�F' I 1 4,00 300 6.00 P.OILE - P YY 43133 ST 2.00 3.00 4.00 MCP, T - 4[1l0*E3 P.i. 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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 At N Utility Easement Closure LOT 29, TRACT N, BASS SUBDIVISION Vacating and Abandoning a 15 foot Wide Utility Easement 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 March 31, 2015 Action item for the City Council Meeting of April 14, 2015 DATE: February 18, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities G ustavogo@cctexas. com (361) 826-3897 THRU: Valerie H. Gray, P. E., Executive Director of Public Works Valerieq@cctexas.com (361) 826-3729 FROM: Jerry Shoemaker, P. E., Acting Director of Capital Programs Jerrys2@cctexas.com (361) 826-3516 CAPTION: Elevated Water Storage Tanks — Citywide (ACR Implementation Phase 2) Tank Site Acquisition at Rand Morgan & Leopard St. 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. PURPOSE: This 2012-2013 Capital Improvement Project is needed to increase water pressures in certain areas of the City and will also reduce operating costs. This is part of the City's master plan and addresses TCEQ elevated storage tank requirements. This agenda item approves the purchase of one of the elevated tank sites. BACKGROUND AND FINDINGS: The Elevated Water Storage Tank Project will provide multiple tanks City wide with the objective of increasing and balancing water pressures in various City areas. The City prepared and submitted an Alternate Capacity Requirement (ACR) implementation plan to the Texas Commission on Environmental Quality (TCEQ) which was approved. As per the plan, the City will build four elevated tanks to satisfy the minimum requirements of the TCEQ, all to be completed before 2025. In February of 2009, the City awarded an A/E contract to LNV Engineering Inc. for design of these tanks. These four elevated tanks include the Holly Rd site with 3.0 million gallons (MG), the Rand Morgan site with 0.75 MG, the Starry Road site with 2.5 MG and the Nueces Bay Boulevard site with 1.25 MG. LNV Engineering specified that an optimum location for the tank site would be along Leopard Street, between Rand Morgan and McKenzie Road. City Land Acquisition staff identified a vacant tract of land for sale at Rand Morgan and Leopard, which was of adequate size and abutted one of the City's water transmission mains located along the Leopard Street right of way. The site contains 1.76 acres and is located at the southeast corner of Rand Morgan and Leopard as shown on the attached Location Map. The City obtained an appraisal report prepared by Ralph L. Cook, ASA which reported the value at $180,000. The property was listed by Steve Roberts Realtors for the amount of $195,000. City staff has negotiated the purchase price of $188,000. The contract will be escrowed closed at the Security Title Office on Holly Road. ALTERNATIVES: 1. Execute the Real Estate Sales Contract with Marjak, Inc. (recommended). 2. Do not execute the Real Estate Sales Contract and seek an alternative site (not recommended). CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs and Water Departments FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $550,000.00 $750,000.00 $10,400,000.00 $11,700,000.00 Encumbered / Expended Amount 550,000.00 0.00 0.00 550,000.00 This item 0.00 190,500.00 0.00 190,500.00 Future Anticipated Expenditures This Project 0.00 0.00 0.00 $0.00 BALANCE $0.00 $559,500.00 $10,400,000.00 $10,959,500.00 Fund(s): Water CIP RECOMMENDATION: City staff recommends passage of the Motion approving the Real Estate Sales Contract. LIST OF SUPPORTING DOCUMENTS: Location Map Real Estate Sales Contract DEPARTMENT OF CAPITAL PROGRAMS Property and Land Acquisition Division CC Elevated Storage Tanks Rand Morgan, #EI2210, Parcel I REAL ESTATE SALES CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract ("Contract") is entered into by and between MARJAK, INC., 10711 Ella Lee Lane, Houston, Harris County, Texas 77042-3006, hereinafter called "Seller", and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, hereinafter called `Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the properties described below together with together with all rights, privileges and appurtenances pertaining to the properties situated in Nueces County, Texas: A 1.103 & 0.66 Acre Tract, All Out Of Tract 3-R and A Portion of Tract 1-R Out Of The Hutchins Tract Subdivision as described by metes and bounds on the attached and incorporated "Exhibit A" and as shown on the attached map incorporated as "Exhibit B". 2. Purchase Price. Buyer agrees to pay $188,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer wilrpay all closing costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2014. All property taxes for the year 2015, if any are due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2015 to the date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Two Thousand Dollars and No Cents ($2,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager, or designee, on behalf of the Buyer. Buyer must execute this Contract within forty-five (45) days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the Contract to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of the following: utility relocation, land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (1) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as of the effective date of this Agreement and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law (as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. if required by Buyer, Seller will execute a no -drilling agreement, prepared by Buyer, to ensure that Seiler will not construct or operate a well on the Property while exercising its right to recover any subsurface oil, gas, or other minerals. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. Executed in triplicate, any of which constitutes an original. SELLER: aARJAK, INC. By: �'• Print Name: Nein( K `% 7OOG- Print Title: \J« NE 'tt y THE STATE OF TEXAS § COUNTY OF Barri S § This instrument was acknowledged before me on T GM tA.a 3 a , 201 by 13p.-4 YAGIC V , S4-rc rt , as vice pr -es / ace," l' of MARIAK, INC., a Texas corporfition, on behalf of said corporation acting as officer of and on behalf of MARTAK, INC., a Texas corporatio Notary Public in and for the State of Texas [Seal] BUYER: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Capital Programs PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 201_ by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas 1 Seal 1 APPROVED AS TO LEGAL FORM, THIS DAY OF Fettcry , 201. B FOR THE CITY ATTORNEY anet Kellogg, Assistant City Att CITY LEGAL DEPARTMENT J..%GEMCCElevatedSloragcTankRandMorgan\RESC__Parcet E doc EXHIBIT "A" TRACT 1 vas 2297PAGE 194 Tract 3-R, Hutchins Tract, a Subdivision of the City of Corpus Christi, Nueces County, Texas as shown by the map or plat thereof, recorded in Volume 44, at Page 76, of the Map Records of Nueces County, Texas. TRACT 2 A portion of the north end of Tract One -R (1-R), Hutchins Tract, a subdivision of the City of Corpus Christi, Texas, as shown by map or plat thereof recorded in Volume 44, at Page 76, of the Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, such portion being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the east right-of-way boundary of Rand Morgan Road with the south boundary of said TR. 2-R for the southwest corner of TR. 3-R; THENCE with the east right-of-way boundary of Rand Morgan Road and the west boundary of TR. 2-R North 00 degrees 05' 25" West at 150.0 feet pass the common west corner of TR. 2-R and TR. 1-R in all 265.79 feet to a 5/8 inch iron rod set for the southwest corner of the tract herein described, and the POINT OF BEGINNING; THENCE continuing with the east right-of-way boundary of Rand Morgan Road and the west boundary of TR. 1-R, North 00 degrees 05' 25" West 127.78 feet to a 5/8 inch iron rod set for the common west corner of TR. 1-R and TR. 3-R for the northwest corner of this tract; THENCE with the south boundary of TR. 3-R and north boundary of TR. 1-R South 89 degrees 59' 10" East 184.7 feet to a 5/8 inch iron rod set for the southeast corner of TR. 3-R, also being an inside corner of TR. 1-R and of this tract; THENCE with the east boundary of TR. 3-R and the west boundary of TR. 1-R North 00 degrees 05' 25" West 120.75 feet to a 5/8 inch iron rod set for common north corner of TR. 3-R and TR. 1-R in the south right-of-way boundary of Leopard Street for the northernmost corner of this tract; THENCE with the south right-of-way boundary of Leopard Street and the northernmost boundary of TR. 1-R South 65 degrees 15' 00" East 116.05 feet to a 5/8 inch iron rod set for common north corner of TR. 1-R and TR. 4-A for the northeast corner of this tract; THENCE with the east boundary of TR. 1-R and the west boundary of TR. 4-A South 00 degree 05' 25" East 200.00 feet to a 5/8 inch iron rod set for the common west corner of TR. 4-A and TR. 2-R for the southeast corner of this tract; THENCE parallel to and 115.79 feet from the south boundary of TR. 1-R, also being the north boundary of TR. 2-R, North 89 degrees 59' 10" West 290.0 feet to the POINT OF BEGINNING. Any pravisicr!Wert wh=etre.4:1stfa:7':,Rite oru:@ al the dmeriind UAL I.•.;,::.a r.f Y.'v:' RI6gtc;',:2::1LSHuCI'rf� .rt.:t;G"u�� invatal arr} ufrsnt.r*•cwt` Leifer f iit4:;1 _ . i w::+;!''/89. rl,+IME 7tY. S =MY was .".:il ril.; i,�'' rti 01 t' ".: osx;lt'=+ruby r.�and Ffl3P� r '• f., �• i't+t•�.z Rett rfs ct REAL SEP 2 7 1991 ;;.d );..rrn. #ra• .....41...) NU ES COLOR, MPS v o L 2297 PAGE 195 7 � r'Sr2( 6 1...••-•.• ......-............-......,.-.......•••' t • ••••• .;74"`••••• .--...... :. li .4,........ 14 ......,.........., I; I: .."-",.............ii 1 -1 Exhibit B i.. • - 7 ••=0;-.cfc CC ELEVATED TANKS - CITYWIDE RAND MORGAN SITE 1.76 ACRES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Land Acquisition for Elevated Storage Tank at Rand Morgan Road Council Presentation April 21, 2015 Alternative Capacity Requirement (ACR) Plan - TCEQ Corpus Chr sti Capital Programs ➢ Texas Administrative Code (30 TAC) requirement : 100 gal/connection for water system; ➢ Currently 24 gal/connection for City; ➢ ACR Plan approved by TCEQ (2012 ): 50 gal/connection; 4 phases of construction in 9 years. • Phase 1: Emergency power generators (On-going project) • Phase 2: ESTs at Holly RD and Rand Morgan St. (Land acquisition and design on-going) • Phase 3: Third EST at Nueces Bay Blvd. • Phase 4: Fourth EST at Starry RD. ACR Implementation Plan 12- 13 13- 14 14- 15 15- 16 16- 17 17- 18 18- 19 19- 20 20-21 Phase 1 Navigation and Statples Generators Design Construction Critical Path for ACR lementationPlan p Phase 2 Holly RD and Rand Morgan ESTs Design . Constru ion Phase 3 Nueces Bay Blvd. EST Design Construction Phase 4 Starry RD EST Design Construction City's Water Infrastructure in 2025 CIA Corpus Chr sti Capital Programs Corpus Christi Water Model December 16, 2011 2025 System Infrastructure Nates. 1. This exhibit Illustrates the tour elevated storage tanks which are Pe,emr eadra g replace the woMiranksttat are Inadequate In a Rat, Morgan PST - 075 MG b. Nueces Bay EST -1.25 MG c. Holly EST -3.0 MG Stacy EST -25MG 2, The thatched area indtcate, PreerPre Zane 2 (Padre Island) whish will not be indudedasa red of this ACR review. Pressure Zone 2 s approximately 6,600 oonrecnons and 15 MG of elmoled Drage at the Coral vines EST, revelang in 227 gagmnreo(on and exceeds the 100 gelMonnectonnaotion raqured in 6.0-1006(21P approximate3 The atamge tanks rn are shown. Balenient will he determined at a haler dale Legend Tank $ 2025 Elevated Storage Tanks A Existing Elevated Storage Tank • Existing Ground Storage Tanks 11 Pump �iJ Prasaura Z0102 0 6250 1Z500 25,000 37,500 50,000 Feet 1 inch = 12,500 feet Total Siting Related Cost Potential Land Site Candidates 41111194 Corpus Chr sti Capital Programs Rank Description Trans. Main Cost Land Acquisition Cost 1 2 Rand Morgan Braman Ranch Leopard & Linn St. 4 Fire Station #12 am West Guth Park $ 177,000 $ 279,000 $ 462,000 $ 904,000 $ 952,000 Engineering economic analysis indicated that the land at the Rand Morgan RD is the best site candidate for the new 0.75 MG EST. 190,500 330,000 330,000 367,500 609,000 792,000 904,000 952,000 Determination of EST Land Acquisition -0.1i4 Corpus Chr sti Capital Programs Further investigation justified the best value to the City for the land at the corner Leopard St. and Rand Morgan Rd. - • Braman Ranch land not available in market; • Meet ACR Plan timing limitation; • Low commercial value for other business due to gas line easement. • Land availability and low acquisition cost; • Minimized construction cost; and • Minimal impact on neighborhood; 5 Rand Morgan EST Site Plan 4c119(i4 Corpus Chr sti Capital Programs Proposed Rand Morgan EST: • Concrete/Steel composite EST; • 166 ft. in height; • Masonry fence isolating EST, if needed; and • Minimal cost in EST water main Rand Morgan Elevated Storage Tank Site Plan ° — — Future Land Use Plan around Rand Morgan EST Corpus Chr sti Capital Programs FUTURE LAND USE N MI CommercialA _- Irrigation Distribution Channels ▪ High Industrial Low Density Residential ▪ Light Industrial Medium Density Residential Park Professional services Public and Semi Public Middle School Tuloso Midway Middle School Guth —� —INNRpm 11441 Leop d� Rand Morgan Elevated Storage Tank ite AWOL MIL MIL NI mom mom Nom mom Nom EN mom mom mom NE mom mom mom EN mon Nom mon am mom mom mom NE mom mom mom am mom mom Nom EN MEM MN Sam Kane Beef Processors Inc. �—r Rand Morgan Elevated Storage Tank Site Plan 1=1=1m Tuloso Midway Middle School Guth v / 1I 1 1 , �E'E rA-lYt=E=TY4'!r. til rin ces -.1441111 i Rand Morgan Elevated Storage Tank FUTURE LAND USE N Commercial Irrigation Distribution Channels High Industrial Low Density Residential 1 Light Industrial Medium Density Residential Park Professional services Public and Semi Public Middle School ®EE5EI®E1111 EMI II 0.N. Stevens WTP Corpus Christi Water Model December 16, 2011 2025 System Infrastructure Notes: 1. This exhibit illustrates the four elevated storage tanks which are proposed to replace the existing tanks that are inadequate in height and size. a. Rand Morgan EST - 0.75 MG b. Nueces Bay EST - 1.25 MG c. Holly EST - 3.0 MG d. Starry EST - 2.5 MG 2. The hatched area indicates Pressure Zone 2 (Padre Island) which will not be included as a part of this ACR review. Pressure Zone 2 has approximately 6,600 connections and 1.5 MG of elevated storage at the Coral Vines EST, resulting in 227 gal/connection and exceeds the 100 gal/connection required in §290.45(b)(2)(G). 3. The approximate locations of the 2025 elevated storage tanks are shown. Exact locations will be determined at a later date. Legend Tank Q 2025 Elevated Storage Tanks Q Existing Elevated Storage Tank • Existing Ground Storage Tanks E Pump Pressure Zone 2 0 6,250 12,500 25,000 37,500 50,000 1 inch = 12,500 feet Feet Coral Vines EST 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. 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. 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 • 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, March 31, 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. spccificd timc framc will hcrcby makc the Ordinancc 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 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 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 • 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. 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 • At N Utility Easement Closure OSO RIVER ESTATES UNIT 2 Vacating and Abandoning a 20 foot Wide Public Right -of -Way MEMORANDUM INFORMAL STAFF REPORT To: Ron Olson, City Manager Thru: Margie C. Rose, Deputy City Manager Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities Mark Van Vleck, P.E., Executive Director of Utilities From: Daniel Grimsbo, P.E., Director of Development Services Date: April 16, 2015 Subject: Right -of -Way Closure Ordinance — April 21, 2015, City Council Meeting Issue / Problem: In the April 14, 2015 City Council meeting, during the presentation case for two right-of- way (ROW) closures, Council Member Lucy Rubio, asked a question regarding the language in the Ordinance that stated the Owner had a certain time to comply with the requirements of the ordinance, however, there was no timeline specified. Staff stated during the meeting that the typical time is 180 days and that the ordinance would be corrected before the second reading. This is not the case with these specific ROW closures. Background and Findings: In a typical ROW closure, the street is improved, either with a driving surface and/or underground utilities or other items such as sidewalks. In these cases, the City would require, as part of the closure, for the Owner to pay the City a fair market value for the land and improvements. Other additional requirements such as dedicated utility easements for the remaining utilities, closure of driveways, replatting, etc. may also be required of the closure. In these situations, the Owner is given six months (180 days) to complete the specified items. In the two specific ROW closures that were presented at City Council, the ROWs were not improved in any way and there are no other requirements needed by the City, as such, these ROW closures are considered a "one way" transaction that require no action on the part of the Owners and therefore no time to comply is necessary. Next Steps: The language referring to a specified timeline was removed and the revised Ordinance will be presented to Council for a second reading on the April 21st City Council Meeting. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 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 a 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. 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. 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, March 31, 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 Iocated,lwith 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 day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A 0.91 Acres, Road Closure STATE OF TEXAS COUNTY OF NUECES Job No. 08896.B4.10 November 176, 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 comer 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 ill S:\Surveying1889618410\OFFICEIMETES AND BOUNDS1008896B410 0.91Ac-20RoadClosure_20141117.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTLTEXAS 78404 www.utbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 o O 0 Missouri Williams --- - .- _ ._ -- --x---- Milk Wa Sparkle Er -1 E c Seo ' o > o vLakeview O Urso , o �� in Piper Spitfire c 6 E m� Whis•r Wind C 0 jC J c C or SaiT 2 er Convair Sk yking Cessno ,d - 90c C - J me 0 VI En E Williams Drive 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, 6�9, Pgs. 336-337, Mop Records of Nueces County, Texas Holly Road1 LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI LOT 24, SECTION 28 10-05V41441"1114Ctl: ;, " LT 25, 28 Lt Line Remainder of 174.425 Acres (Owners: Gladys Mattie Smith Marital Trust Doc,4201107302 0 n 0 0 -31, 25'Y. R. LOT' ll, SECTION 3 Lot 1 Paul Jones Sports Complex Vol. 67, Pgs. 495-496, Mop Records of Nueces County, Texas S29°00°00NV Lin 20, 7-1.110N 31 Remainder of 84.595 Acres Called Tract "A" (Owner: Nuss Investment Partnership, Ltd ) Doc #2012049446 LINE BEARING DISTANCE Lt N61')0'00'w 20,00` L2 S61'00'00'E 20.00' 200E 0 Holly Road L1 200 GRAP1IC SCALE 1'=200 Legend: • Fd. 5/8" I.R. with red plastic cop stamped "Urban Engr C.C. Tx" 0`y Sketch to Accompany Fieldnates, 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 Mop 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. Exhibit B B A N ENGINEERING 1721 Shear 5. MN ffrie 145 Am At% 01174100 ROE MO , (F1164.400► DATE Nov. SCALE 111-100' 2014 J08 NO.: 08896.84.10 SHEET: 1 of 1 DRAWN BY: RLG 02014 b Urban En . ineerin 1:1 LOTS 23-24, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS Vacating and Abandoning a 20 foot Wide Public Right -of -Way 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, March 31, 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. Failurc to comply with all thc conditions outlincd in this Ordinancc within thc spccificd timc framc will hcrcby makc thc Ordinancc 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 176, 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 comer 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 ill S:\Surveying1889618410\OFFICEIMETES AND BOUNDS1008896B410 0.91Ac-20RoadClosure_20141117.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTLTEXAS 78404 www.utbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 o O 0 Missouri Williams --- - .- _ ._ -- --x---- Milk Wa Sparkle Er -1 E c Seo ' o > o vLakeview O Urso , o �� in Piper Spitfire c 6 E m� Whis•r Wind C 0 jC J c C or SaiT 2 er Convair Sk yking Cessno ,d - 90c C - J me 0 VI En E Williams Drive 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, 6�9, Pgs. 336-337, Mop Records of Nueces County, Texas Holly Road1 LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI LOT 24, SECTION 28 10-05V41441"1114Ctl: ;, " LT 25, 28 Lt Line Remainder of 174.425 Acres (Owners: Gladys Mattie Smith Marital Trust Doc,4201107302 0 n 0 0 -31, 25'Y. R. LOT' ll, SECTION 3 Lot 1 Paul Jones Sports Complex Vol. 67, Pgs. 495-496, Mop Records of Nueces County, Texas S29°00°00NV Lin 20, 7-1.110N 31 Remainder of 84.595 Acres Called Tract "A" (Owner: Nuss Investment Partnership, Ltd ) Doc #2012049446 LINE BEARING DISTANCE Lt N61')0'00'w 20,00` L2 S61'00'00'E 20.00' 200E 0 Holly Road L1 200 GRAP1IC SCALE 1'=200 Legend: • Fd. 5/8" I.R. with red plastic cop stamped "Urban Engr C.C. Tx" 0`y Sketch to Accompany Fieldnates, 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 Mop 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. Exhibit B B A N ENGINEERING 1721 Shear 5. MN ffrie 145 Am At% 01174100 ROE MO , (F1164.400► DATE Nov. SCALE 111-100' 2014 J08 NO.: 08896.84.10 SHEET: 1 of 1 DRAWN BY: RLG 02014 b Urban En . ineerin 1:1 LOTS 23-24, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS Vacating and Abandoning a 20 foot Wide Public Right -of -Way 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, March 31, 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. 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 176, 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 comer 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 ill S:\Surveying1889618410\OFFICEIMETES AND BOUNDS1008896B410 0.91Ac-20RoadClosure_20141117.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTLTEXAS 78404 www.utbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 o O 0 Missouri Williams --- - .- _ ._ -- --x---- Milk Wa Sparkle Er -1 E c Seo ' o > o vLakeview O Urso , o �� in Piper Spitfire c 6 E m� Whis•r Wind C 0 jC J c C or SaiT 2 er Convair Sk yking Cessno ,d - 90c C - J me 0 VI En E Williams Drive 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, 6�9, Pgs. 336-337, Mop Records of Nueces County, Texas Holly Road1 LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI LOT 24, SECTION 28 10-05V41441"1114Ctl: ;, " LT 25, 28 Lt Line Remainder of 174.425 Acres (Owners: Gladys Mattie Smith Marital Trust Doc,4201107302 0 n 0 0 -31, 25'Y. R. LOT' ll, SECTION 3 Lot 1 Paul Jones Sports Complex Vol. 67, Pgs. 495-496, Mop Records of Nueces County, Texas S29°00°00NV Lin 20, 7-1.110N 31 Remainder of 84.595 Acres Called Tract "A" (Owner: Nuss Investment Partnership, Ltd ) Doc #2012049446 LINE BEARING DISTANCE Lt N61')0'00'w 20,00` L2 S61'00'00'E 20.00' 200E 0 Holly Road L1 200 GRAP1IC SCALE 1'=200 Legend: • Fd. 5/8" I.R. with red plastic cop stamped "Urban Engr C.C. Tx" 0`y Sketch to Accompany Fieldnates, 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 Mop 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. Exhibit B B A N ENGINEERING 1721 Shear 5. MN ffrie 145 Am At% 01174100 ROE MO , (F1164.400► DATE Nov. SCALE 111-100' 2014 J08 NO.: 08896.84.10 SHEET: 1 of 1 DRAWN BY: RLG 02014 b Urban En . ineerin 1:1 LOTS 23-24, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS Vacating and Abandoning a 20 foot Wide Public Right -of -Way Utility Easement Closure LOTS 23-24, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS Vacating and Abandoning a 20 foot Wide Public Right -of -Way MEMORANDUM INFORMAL STAFF REPORT To: Ron Olson, City Manager Thru: Margie C. Rose, Deputy City Manager Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities Mark Van Vleck, P.E., Executive Director of Utilities From: Daniel Grimsbo, P.E., Director of Development Services Date: April 16, 2015 Subject: Right -of -Way Closure Ordinance — April 21, 2015, City Council Meeting Issue / Problem: In the April 14, 2015 City Council meeting, during the presentation case for two right-of- way (ROW) closures, Council Member Lucy Rubio, asked a question regarding the language in the Ordinance that stated the Owner had a certain time to comply with the requirements of the ordinance, however, there was no timeline specified. Staff stated during the meeting that the typical time is 180 days and that the ordinance would be corrected before the second reading. This is not the case with these specific ROW closures. Background and Findings: In a typical ROW closure, the street is improved, either with a driving surface and/or underground utilities or other items such as sidewalks. In these cases, the City would require, as part of the closure, for the Owner to pay the City a fair market value for the land and improvements. Other additional requirements such as dedicated utility easements for the remaining utilities, closure of driveways, replatting, etc. may also be required of the closure. In these situations, the Owner is given six months (180 days) to complete the specified items. In the two specific ROW closures that were presented at City Council, the ROWs were not improved in any way and there are no other requirements needed by the City, as such, these ROW closures are considered a "one way" transaction that require no action on the part of the Owners and therefore no time to comply is necessary. Next Steps: The language referring to a specified timeline was removed and the revised Ordinance will be presented to Council for a second reading on the April 21st City Council Meeting. 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. (K:\DEVELOPMENTSVCS\SPECIAL SERVICES \PLATS\EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3. SANITARY SEWER CONNECTION AGREEMENT.DOC) 1 LTD- RFCTII'MN I W411'R!OR •1111310%M 0141 1:34 1111NO»T 1RC1u THIs PRO...R'CY 13'[x16051] C11PYR. T1 tE TCEQ 1143 NOT 11.ASS11l13 1111.AV3.4110Litt 1..3..t VOA 115E OSQCRFFX.RIITIT i AS AN RAVIIRON'.1IIL1Y SEV10014lAREA. THE 050 CREEK FLOWS nifev.tI'LY 114113110 040 BAY. THETCEO 00111411'l1101014•; 4313,0311:1303 U5L F343.111.E.3130 RAY .13 'EXCEW11ON4L'AND'OYSTER WATER3'.1ND CAI1001LIZFr THF RECEIVING 313TtiRAS'4111131.1:I13L1.11PAIl0 LEG THP. 3119W13T BICE. 14 Mir r) x'AIR 1, 0i' A 104-YEM FLOOD PLAIN. IN A FLOOD WAY,114 AN 11#?NT1F1C0'31OOD PRONE AREA.. A3 DEFINED BY 333E 135. DEPARTMENT 91' DOUSING AND URBAN DEVELOPMETT, PLFRYUANTICI THE F14141I3DMAMA PROTECTION ACT OF 1311, 43 491/3310330 OR AN ARIA MP -WHIM RY T 3E PC DERALI:MUILGI9SV MANAOEMTCNI AOFN1YI1La1A) *0 AN A%C-1.11AVINO SPECIAL ROCU HAZARDS T1113 PROPFRTY )5 1.1% (N FLOOD ZONE 'C ASIHDICITED ON PANED. 1..;303330 43464 (1113 D. CITY UI'C011l'Ll4 n11/1011 11-540 3 RP41l l N'Ci5 AA1;114S W 1IN I4L.0M6 PPE1710NING SYSTEM 143§1 011 4201 DATI:S1 A Mr S'4RD RPO3.7110M31,1(, 44011141110, ISA 1RH0L1101:M1N1 OF TOEIROFIPiDDBVEI.OPME.NT fAX)9 (LTC:. AND LSSORIPCamm 111.AN1E 441111401102 MAO 131011111 3 HU 14110011‘ DRIVEWAY 4C37E.3/1 TO YOR13-(0'NN BOULEVARD X3141 TIS. 6 SET IV IRON ROW: WC 11 t CATS 14M11,.11 'FIRISIFA SURVEYING" 411 115 AYDlD OLDER040E+ T THETOTAL PLATTED AREAL$ 9331/ACRESL33C1UD1NI.51111H1' OFPOCATID`+. E MINIMUM 1-1N191LED FLOOR ELEVATEDN MUST BE ATI PAST IS AWWNYF.}xIMING R(1ADWAY. PLAT OF WIOGEWOOD TERRACE UNIT 3 13112111 A RS'LAT 1}P 101.011R 9. WFTK1rw000TF.RRACF I. NI 1' 2, 4s 1H1113 N ON A MAP RECIIRDEO 31 YOL1-M143. 1441E 10.1401 RECORDS NI. HIS (OU11-IN. TEXAS SLATE OF TEXAS 10(0010 0 MITTS 11115 11111411:0.11. PI AT OF THE HERFO:F DE 16,ED1,RGPE131-333A3 APIROVYD al' THE PLAN.01ttI1(013.310(3F11111. (013.31.1133113N.0.:111. Lr1Y 0r W RF0'Y CHRLSTLTID AS. TDB 1HE DAY OF .411'1 DANIEL LL GRIMSBO, P.E. ACCP. 0I114L1'4RY STATE OF TEXAS CYTONTY01. NULLS 1. MOS [AMMAD REVS; DO HEREBY CERTIFY THAT! 3404 RCF OWNER 'll• 1 HE 113.U113311' SNOW, 111,R1.030 I HAVE HAO SAID I'k lx 31:NVEY1.11 AS SIIOWN ON Dir F 113344110014341.11115APAP 11ASlR;1i'A PRLPARU11DR 11th PURPOSE OF DESCRTPIIONANT) 10013".A1001. 11113Tl1E. _ DAY OF ,1411 MOR LVLMAD RETACI S'I'A1140F LFAAS CMIN1NY. OVNLILCL 9(19316176. IHk V111k1151GVP 4111' HDRRY, ON T1013 DAY PERSONALLY APPEARED 1111 PIR31R1mane, NAME LS51.;BRICK HP11 T11. 11131 1'C1111)11111 N(i I10SYROLIE:Y1 AND ACAS0WLL•DOB0 ]1) ME THAT f11t4Xlil'U'1U, 1111.54041,AS1II1;ACI AND111.601411 $A10 !ANDS 0011 THe ELICIR>YF AND CG\Y0DERAT1QV 11 /DEEM EXPRLS3ED, ANDIN 1119 WIEA;r11 DTA1*D. 0111401 LINIDER MY HARD AND SEAL OF OEFTLE. '043119 LAY OF 2014 ROTARY PURI JC STAT!# 1RXA1 COUNTY OY 0: u1:R9 APYROYI4) BY IRE CORPUS C'HRJS11.TIUECS COUNIY IIPAI.TH DFTART311.T THIS TIE; DAY 01. 3011. ANY PRIVATE N•ATLRR SUPPLY 4313.111. SE WA0E SYSTEM 111 LSiL DE APPROVED BY THE CCIRPUSC111OSH YUECES COUNTYIOALTH OFPARTSIE T Pith 1R T111,31.41 1 AVON PUBLIC HEALTH DEPARTMENT Brister Surveying fA 0Ci 22 ai L. FLAHNING COMML1SII" 01 <1401-1EXM1S CVON1Y Ol-NU(C1:S ;:. # 1 a+10" 74, 1013 FTNA1.PIAI'Di'111III1O KEIh11f.SakhRPD PROPPSRIY WAS APPROVED BY ':FIL IRPAR7?1ClT OF MYR PIWF0010FRV1CFR E1,1N431R OF THE CITY OF CORPUS CHRISM. TEXA$. TH:STHE DAY OF .33114 TEMPLET. W1 UJAMSON,P,Q 1R_YFIDPMIINP SP.RYIrFS p110 STATE OP TEXAS CI1::NLY QF NVECEF nRNA 1. Galt R , CLERK OF THE C(WNTI' (T11IRT 1N AND WR (1111A.1:51000I1Y.'11II13. 110 HERF11Y CTRTIYY T4ATTHE. FOREGOING Itiy^1NLAOLNT DATEDTIIE _DAY OF 11111,1011111111 LE/W M: It OF AVR1£.NRCA,110l1 W'A41TLLD FOR RECORD IN MY O11 -11L'-:1113: OAY [A' 0114AT 00.1 00 •.N 414 IN M)01110101'Y IN VOLUME , PAGE NAP RF.000RD3 WTTHFOS MY NAND AN D SEAL OP TRE COLNTY COURT. IN AND 3011541. GOI.".STY AT M.Y Ot1TCE. IN 11011K13 CHRISTI. TEXAS, THP. DAY ANI) YEAR 1441 WR(ITI:�N. 30.. FILED FOR RECORD HY: DIANA T.BARREL, CLERK 1]PPIlCV', NI:LUOIOVNIY.TENAS AF 000.1 C10_N 31'40110F TEXAS CO= OPN'L1TC6 1, RGHALD E METER. . A REGISTERED PR11FF1491NA1. I AN17 til RCV FY11R OF1u31T1ER 5U1WRY1NG.31AVE PREPARFOIHE FOP.FIOGIN'O MAP FROM A $IiRY1'Y 4.1901.00' 11 IL.OROLND I00111 MY DIN Vet 111.5 49111 Er Di 1101E AND CORRECT TO THE DESTOr MY 0040WT.DIXIE. TNFORNATRIN AND R31140.. TIDSTHE_DAY OP .131.4 4111NM.174.11RINII:R REG15TOR1R0 PROFi30U ALLASD YVR0£Y00 911,71,1, LLTi: (K:\DEVELOPMENTSVCS\SPECIAL SERVICES \ PLATS \EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3.SANITARY SEWER CONNECTION AGREEMENT.DOC) UR/1Miie SCALE 11 $61101VE 11517 LE 201769PL 1.15.)Y Lk La 21-.211 ROT* G NC0 V.23 Marl. lin.114. Oydy,!' k 1$V 4e•V111'4TCtCtfn1 R-11IP1T.'FIl36 45 A-Rm a L541.41lla h41C.1 C-45 4 C1 L/C21M ROM R-1410 1,1MCI 4.447.4" Tr -0!0 O _S 15170 P512144k• 5.04r100W5Le LISTIOUrrOZPVC1 ) On R. L.Mink Mk. 1214 II 155 ▪ w 0•R'IT1P-Iaev C12,42.1.190Tre MIL in-MrSanonr1.12T 2. It MN w Ys aria IM -22.21 Mar 42 CIWATOIrrIV Q}I n.H5 Pll6:1 Q = FOUND VP' IRON ROD O = FOUND 1"IRON PIPE .Sh Yat• MON ROD PLAT OF WEDGEWOODTERRACE UNIT 3 FhANC. A RFIN.AT OFBLCR WEDGENK3OORRA('R UNIT 2, /S SHOWN ON A MAP REC00113-0 IN VOLUME 415 PAGE 1P11. MAP RF.COR11& NVRCTS COUNTY, TEXAS, BLOM 10 W0150EWOCO TFRRA4.4 UNIT 3 VOLUME 43. MOP 120 M IL TLC T 1f21P.+3.1"YE 6219311 Lasa S2R'32SCY1 LOT .5 123R.2E' LOT1 Brister SSurvejing amr..,,tilOM 04.512‘042 inr..75121 COM, 141,r-Isim or. Int 230. Ira nixTromr•TriarnrinTarn.Torr nI� RItErOnotor 11A et•'.'M4 LOT 7, SPFi1ON Ra F8. H E.P. R Ci.T. VOLUME 'A'.?AGES 41 • L M.R.NUT TTR W1511005o YuMeru TR0CrACTONE VOLL•MPAL PAGE. n Mai\.L' L IT WI FI DIFR BLUFF DFIIVE- - mn rm or Or mar OCTOMPSI 2:12) 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 madc in thc City's official publication as rcquircd by thc City's Chartcr. 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. (K:\DEVELOPMENTSVCS\SPECIAL SERVICES \PLATS\EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3. SANITARY SEWER CONNECTION AGREEMENT.DOC) 1 LTD- RFCTII'MN I W411'R!OR •1111310%M 0141 1:34 1111NO»T 1RC1u THIs PRO...R'CY 13'[x16051] C11PYR. T1 tE TCEQ 1143 NOT 11.ASS11l13 1111.AV3.4110Litt 1..3..t VOA 115E OSQCRFFX.RIITIT i AS AN RAVIIRON'.1IIL1Y SEV10014lAREA. THE 050 CREEK FLOWS nifev.tI'LY 114113110 040 BAY. THETCEO 00111411'l1101014•; 4313,0311:1303 U5L F343.111.E.3130 RAY .13 'EXCEW11ON4L'AND'OYSTER WATER3'.1ND CAI1001LIZFr THF RECEIVING 313TtiRAS'4111131.1:I13L1.11PAIl0 LEG THP. 3119W13T BICE. 14 Mir r) x'AIR 1, 0i' A 104-YEM FLOOD PLAIN. IN A FLOOD WAY,114 AN 11#?NT1F1C0'31OOD PRONE AREA.. A3 DEFINED BY 333E 135. DEPARTMENT 91' DOUSING AND URBAN DEVELOPMETT, PLFRYUANTICI THE F14141I3DMAMA PROTECTION ACT OF 1311, 43 491/3310330 OR AN ARIA MP -WHIM RY T 3E PC DERALI:MUILGI9SV MANAOEMTCNI AOFN1YI1La1A) *0 AN A%C-1.11AVINO SPECIAL ROCU HAZARDS T1113 PROPFRTY )5 1.1% (N FLOOD ZONE 'C ASIHDICITED ON PANED. 1..;303330 43464 (1113 D. CITY UI'C011l'Ll4 n11/1011 11-540 3 RP41l l N'Ci5 AA1;114S W 1IN I4L.0M6 PPE1710NING SYSTEM 143§1 011 4201 DATI:S1 A Mr S'4RD RPO3.7110M31,1(, 44011141110, ISA 1RH0L1101:M1N1 OF TOEIROFIPiDDBVEI.OPME.NT fAX)9 (LTC:. AND LSSORIPCamm 111.AN1E 441111401102 MAO 131011111 3 HU 14110011‘ DRIVEWAY 4C37E.3/1 TO YOR13-(0'NN BOULEVARD X3141 TIS. 6 SET IV IRON ROW: WC 11 t CATS 14M11,.11 'FIRISIFA SURVEYING" 411 115 AYDlD OLDER040E+ T THETOTAL PLATTED AREAL$ 9331/ACRESL33C1UD1NI.51111H1' OFPOCATID`+. E MINIMUM 1-1N191LED FLOOR ELEVATEDN MUST BE ATI PAST IS AWWNYF.}xIMING R(1ADWAY. PLAT OF WIOGEWOOD TERRACE UNIT 3 13112111 A RS'LAT 1}P 101.011R 9. WFTK1rw000TF.RRACF I. NI 1' 2, 4s 1H1113 N ON A MAP RECIIRDEO 31 YOL1-M143. 1441E 10.1401 RECORDS NI. HIS (OU11-IN. TEXAS SLATE OF TEXAS 10(0010 0 MITTS 11115 11111411:0.11. PI AT OF THE HERFO:F DE 16,ED1,RGPE131-333A3 APIROVYD al' THE PLAN.01ttI1(013.310(3F11111. (013.31.1133113N.0.:111. Lr1Y 0r W RF0'Y CHRLSTLTID AS. TDB 1HE DAY OF .411'1 DANIEL LL GRIMSBO, P.E. ACCP. 0I114L1'4RY STATE OF TEXAS CYTONTY01. NULLS 1. MOS [AMMAD REVS; DO HEREBY CERTIFY THAT! 3404 RCF OWNER 'll• 1 HE 113.U113311' SNOW, 111,R1.030 I HAVE HAO SAID I'k lx 31:NVEY1.11 AS SIIOWN ON Dir F 113344110014341.11115APAP 11ASlR;1i'A PRLPARU11DR 11th PURPOSE OF DESCRTPIIONANT) 10013".A1001. 11113Tl1E. _ DAY OF ,1411 MOR LVLMAD RETACI S'I'A1140F LFAAS CMIN1NY. OVNLILCL 9(19316176. IHk V111k1151GVP 4111' HDRRY, ON T1013 DAY PERSONALLY APPEARED 1111 PIR31R1mane, NAME LS51.;BRICK HP11 T11. 11131 1'C1111)11111 N(i I10SYROLIE:Y1 AND ACAS0WLL•DOB0 ]1) ME THAT f11t4Xlil'U'1U, 1111.54041,AS1II1;ACI AND111.601411 $A10 !ANDS 0011 THe ELICIR>YF AND CG\Y0DERAT1QV 11 /DEEM EXPRLS3ED, ANDIN 1119 WIEA;r11 DTA1*D. 0111401 LINIDER MY HARD AND SEAL OF OEFTLE. '043119 LAY OF 2014 ROTARY PURI JC STAT!# 1RXA1 COUNTY OY 0: u1:R9 APYROYI4) BY IRE CORPUS C'HRJS11.TIUECS COUNIY IIPAI.TH DFTART311.T THIS TIE; DAY 01. 3011. ANY PRIVATE N•ATLRR SUPPLY 4313.111. SE WA0E SYSTEM 111 LSiL DE APPROVED BY THE CCIRPUSC111OSH YUECES COUNTYIOALTH OFPARTSIE T Pith 1R T111,31.41 1 AVON PUBLIC HEALTH DEPARTMENT Brister Surveying fA 0Ci 22 ai L. FLAHNING COMML1SII" 01 <1401-1EXM1S CVON1Y Ol-NU(C1:S ;:. # 1 a+10" 74, 1013 FTNA1.PIAI'Di'111III1O KEIh11f.SakhRPD PROPPSRIY WAS APPROVED BY ':FIL IRPAR7?1ClT OF MYR PIWF0010FRV1CFR E1,1N431R OF THE CITY OF CORPUS CHRISM. TEXA$. TH:STHE DAY OF .33114 TEMPLET. W1 UJAMSON,P,Q 1R_YFIDPMIINP SP.RYIrFS p110 STATE OP TEXAS CI1::NLY QF NVECEF nRNA 1. Galt R , CLERK OF THE C(WNTI' (T11IRT 1N AND WR (1111A.1:51000I1Y.'11II13. 110 HERF11Y CTRTIYY T4ATTHE. FOREGOING Itiy^1NLAOLNT DATEDTIIE _DAY OF 11111,1011111111 LE/W M: It OF AVR1£.NRCA,110l1 W'A41TLLD FOR RECORD IN MY O11 -11L'-:1113: OAY [A' 0114AT 00.1 00 •.N 414 IN M)01110101'Y IN VOLUME , PAGE NAP RF.000RD3 WTTHFOS MY NAND AN D SEAL OP TRE COLNTY COURT. IN AND 3011541. GOI.".STY AT M.Y Ot1TCE. IN 11011K13 CHRISTI. TEXAS, THP. DAY ANI) YEAR 1441 WR(ITI:�N. 30.. FILED FOR RECORD HY: DIANA T.BARREL, CLERK 1]PPIlCV', NI:LUOIOVNIY.TENAS AF 000.1 C10_N 31'40110F TEXAS CO= OPN'L1TC6 1, RGHALD E METER. . A REGISTERED PR11FF1491NA1. I AN17 til RCV FY11R OF1u31T1ER 5U1WRY1NG.31AVE PREPARFOIHE FOP.FIOGIN'O MAP FROM A $IiRY1'Y 4.1901.00' 11 IL.OROLND I00111 MY DIN Vet 111.5 49111 Er Di 1101E AND CORRECT TO THE DESTOr MY 0040WT.DIXIE. TNFORNATRIN AND R31140.. TIDSTHE_DAY OP .131.4 4111NM.174.11RINII:R REG15TOR1R0 PROFi30U ALLASD YVR0£Y00 911,71,1, LLTi: (K:\DEVELOPMENTSVCS\SPECIAL SERVICES \ PLATS \EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3.SANITARY SEWER CONNECTION AGREEMENT.DOC) UR/1Miie SCALE 11 $61101VE 11517 LE 201769PL 1.15.)Y Lk La 21-.211 ROT* G NC0 V.23 Marl. lin.114. Oydy,!' k 1$V 4e•V111'4TCtCtfn1 R-11IP1T.'FIl36 45 A-Rm a L541.41lla h41C.1 C-45 4 C1 L/C21M ROM R-1410 1,1MCI 4.447.4" Tr -0!0 O _S 15170 P512144k• 5.04r100W5Le LISTIOUrrOZPVC1 ) On R. L.Mink Mk. 1214 II 155 ▪ w 0•R'IT1P-Iaev C12,42.1.190Tre MIL in-MrSanonr1.12T 2. It MN w Ys aria IM -22.21 Mar 42 CIWATOIrrIV Q}I n.H5 Pll6:1 Q = FOUND VP' IRON ROD O = FOUND 1"IRON PIPE .Sh Yat• MON ROD PLAT OF WEDGEWOODTERRACE UNIT 3 FhANC. A RFIN.AT OFBLCR WEDGENK3OORRA('R UNIT 2, /S SHOWN ON A MAP REC00113-0 IN VOLUME 415 PAGE 1P11. MAP RF.COR11& NVRCTS COUNTY, TEXAS, BLOM 10 W0150EWOCO TFRRA4.4 UNIT 3 VOLUME 43. MOP 120 M IL TLC T 1f21P.+3.1"YE 6219311 Lasa S2R'32SCY1 LOT .5 123R.2E' LOT1 Brister SSurvejing amr..,,tilOM 04.512‘042 inr..75121 COM, 141,r-Isim or. Int 230. Ira nixTromr•TriarnrinTarn.Torr nI� RItErOnotor 11A et•'.'M4 LOT 7, SPFi1ON Ra F8. H E.P. R Ci.T. VOLUME 'A'.?AGES 41 • L M.R.NUT TTR W1511005o YuMeru TR0CrACTONE VOLL•MPAL PAGE. n Mai\.L' L IT WI FI DIFR BLUFF DFIIVE- - mn rm or Or mar OCTOMPSI 2:12) 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: 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. (K:\DEVELOPMENTSVCS\SPECIAL SERVICES \PLATS\EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3. SANITARY SEWER CONNECTION AGREEMENT.DOC) 1 LTD- RFCTII'MN I W411'R!OR •1111310%M 0141 1:34 1111NO»T 1RC1u THIs PRO...R'CY 13'[x16051] C11PYR. T1 tE TCEQ 1143 NOT 11.ASS11l13 1111.AV3.4110Litt 1..3..t VOA 115E OSQCRFFX.RIITIT i AS AN RAVIIRON'.1IIL1Y SEV10014lAREA. THE 050 CREEK FLOWS nifev.tI'LY 114113110 040 BAY. THETCEO 00111411'l1101014•; 4313,0311:1303 U5L F343.111.E.3130 RAY .13 'EXCEW11ON4L'AND'OYSTER WATER3'.1ND CAI1001LIZFr THF RECEIVING 313TtiRAS'4111131.1:I13L1.11PAIl0 LEG THP. 3119W13T BICE. 14 Mir r) x'AIR 1, 0i' A 104-YEM FLOOD PLAIN. IN A FLOOD WAY,114 AN 11#?NT1F1C0'31OOD PRONE AREA.. A3 DEFINED BY 333E 135. DEPARTMENT 91' DOUSING AND URBAN DEVELOPMETT, PLFRYUANTICI THE F14141I3DMAMA PROTECTION ACT OF 1311, 43 491/3310330 OR AN ARIA MP -WHIM RY T 3E PC DERALI:MUILGI9SV MANAOEMTCNI AOFN1YI1La1A) *0 AN A%C-1.11AVINO SPECIAL ROCU HAZARDS T1113 PROPFRTY )5 1.1% (N FLOOD ZONE 'C ASIHDICITED ON PANED. 1..;303330 43464 (1113 D. CITY UI'C011l'Ll4 n11/1011 11-540 3 RP41l l N'Ci5 AA1;114S W 1IN I4L.0M6 PPE1710NING SYSTEM 143§1 011 4201 DATI:S1 A Mr S'4RD RPO3.7110M31,1(, 44011141110, ISA 1RH0L1101:M1N1 OF TOEIROFIPiDDBVEI.OPME.NT fAX)9 (LTC:. AND LSSORIPCamm 111.AN1E 441111401102 MAO 131011111 3 HU 14110011‘ DRIVEWAY 4C37E.3/1 TO YOR13-(0'NN BOULEVARD X3141 TIS. 6 SET IV IRON ROW: WC 11 t CATS 14M11,.11 'FIRISIFA SURVEYING" 411 115 AYDlD OLDER040E+ T THETOTAL PLATTED AREAL$ 9331/ACRESL33C1UD1NI.51111H1' OFPOCATID`+. E MINIMUM 1-1N191LED FLOOR ELEVATEDN MUST BE ATI PAST IS AWWNYF.}xIMING R(1ADWAY. PLAT OF WIOGEWOOD TERRACE UNIT 3 13112111 A RS'LAT 1}P 101.011R 9. WFTK1rw000TF.RRACF I. NI 1' 2, 4s 1H1113 N ON A MAP RECIIRDEO 31 YOL1-M143. 1441E 10.1401 RECORDS NI. HIS (OU11-IN. TEXAS SLATE OF TEXAS 10(0010 0 MITTS 11115 11111411:0.11. PI AT OF THE HERFO:F DE 16,ED1,RGPE131-333A3 APIROVYD al' THE PLAN.01ttI1(013.310(3F11111. (013.31.1133113N.0.:111. Lr1Y 0r W RF0'Y CHRLSTLTID AS. TDB 1HE DAY OF .411'1 DANIEL LL GRIMSBO, P.E. ACCP. 0I114L1'4RY STATE OF TEXAS CYTONTY01. NULLS 1. MOS [AMMAD REVS; DO HEREBY CERTIFY THAT! 3404 RCF OWNER 'll• 1 HE 113.U113311' SNOW, 111,R1.030 I HAVE HAO SAID I'k lx 31:NVEY1.11 AS SIIOWN ON Dir F 113344110014341.11115APAP 11ASlR;1i'A PRLPARU11DR 11th PURPOSE OF DESCRTPIIONANT) 10013".A1001. 11113Tl1E. _ DAY OF ,1411 MOR LVLMAD RETACI S'I'A1140F LFAAS CMIN1NY. OVNLILCL 9(19316176. IHk V111k1151GVP 4111' HDRRY, ON T1013 DAY PERSONALLY APPEARED 1111 PIR31R1mane, NAME LS51.;BRICK HP11 T11. 11131 1'C1111)11111 N(i I10SYROLIE:Y1 AND ACAS0WLL•DOB0 ]1) ME THAT f11t4Xlil'U'1U, 1111.54041,AS1II1;ACI AND111.601411 $A10 !ANDS 0011 THe ELICIR>YF AND CG\Y0DERAT1QV 11 /DEEM EXPRLS3ED, ANDIN 1119 WIEA;r11 DTA1*D. 0111401 LINIDER MY HARD AND SEAL OF OEFTLE. '043119 LAY OF 2014 ROTARY PURI JC STAT!# 1RXA1 COUNTY OY 0: u1:R9 APYROYI4) BY IRE CORPUS C'HRJS11.TIUECS COUNIY IIPAI.TH DFTART311.T THIS TIE; DAY 01. 3011. ANY PRIVATE N•ATLRR SUPPLY 4313.111. SE WA0E SYSTEM 111 LSiL DE APPROVED BY THE CCIRPUSC111OSH YUECES COUNTYIOALTH OFPARTSIE T Pith 1R T111,31.41 1 AVON PUBLIC HEALTH DEPARTMENT Brister Surveying fA 0Ci 22 ai L. FLAHNING COMML1SII" 01 <1401-1EXM1S CVON1Y Ol-NU(C1:S ;:. # 1 a+10" 74, 1013 FTNA1.PIAI'Di'111III1O KEIh11f.SakhRPD PROPPSRIY WAS APPROVED BY ':FIL IRPAR7?1ClT OF MYR PIWF0010FRV1CFR E1,1N431R OF THE CITY OF CORPUS CHRISM. TEXA$. TH:STHE DAY OF .33114 TEMPLET. W1 UJAMSON,P,Q 1R_YFIDPMIINP SP.RYIrFS p110 STATE OP TEXAS CI1::NLY QF NVECEF nRNA 1. Galt R , CLERK OF THE C(WNTI' (T11IRT 1N AND WR (1111A.1:51000I1Y.'11II13. 110 HERF11Y CTRTIYY T4ATTHE. FOREGOING Itiy^1NLAOLNT DATEDTIIE _DAY OF 11111,1011111111 LE/W M: It OF AVR1£.NRCA,110l1 W'A41TLLD FOR RECORD IN MY O11 -11L'-:1113: OAY [A' 0114AT 00.1 00 •.N 414 IN M)01110101'Y IN VOLUME , PAGE NAP RF.000RD3 WTTHFOS MY NAND AN D SEAL OP TRE COLNTY COURT. IN AND 3011541. GOI.".STY AT M.Y Ot1TCE. IN 11011K13 CHRISTI. TEXAS, THP. DAY ANI) YEAR 1441 WR(ITI:�N. 30.. FILED FOR RECORD HY: DIANA T.BARREL, CLERK 1]PPIlCV', NI:LUOIOVNIY.TENAS AF 000.1 C10_N 31'40110F TEXAS CO= OPN'L1TC6 1, RGHALD E METER. . A REGISTERED PR11FF1491NA1. I AN17 til RCV FY11R OF1u31T1ER 5U1WRY1NG.31AVE PREPARFOIHE FOP.FIOGIN'O MAP FROM A $IiRY1'Y 4.1901.00' 11 IL.OROLND I00111 MY DIN Vet 111.5 49111 Er Di 1101E AND CORRECT TO THE DESTOr MY 0040WT.DIXIE. TNFORNATRIN AND R31140.. TIDSTHE_DAY OP .131.4 4111NM.174.11RINII:R REG15TOR1R0 PROFi30U ALLASD YVR0£Y00 911,71,1, LLTi: (K:\DEVELOPMENTSVCS\SPECIAL SERVICES \ PLATS \EXEMPTIONS\2015\WEDGEWOOD TERRACE UNIT 3\WEDGEWOOD TERRACE UNIT 3.SANITARY SEWER CONNECTION AGREEMENT.DOC) UR/1Miie SCALE 11 $61101VE 11517 LE 201769PL 1.15.)Y Lk La 21-.211 ROT* G NC0 V.23 Marl. lin.114. Oydy,!' k 1$V 4e•V111'4TCtCtfn1 R-11IP1T.'FIl36 45 A-Rm a L541.41lla h41C.1 C-45 4 C1 L/C21M ROM R-1410 1,1MCI 4.447.4" Tr -0!0 O _S 15170 P512144k• 5.04r100W5Le LISTIOUrrOZPVC1 ) On R. L.Mink Mk. 1214 II 155 ▪ w 0•R'IT1P-Iaev C12,42.1.190Tre MIL in-MrSanonr1.12T 2. It MN w Ys aria IM -22.21 Mar 42 CIWATOIrrIV Q}I n.H5 Pll6:1 Q = FOUND VP' IRON ROD O = FOUND 1"IRON PIPE .Sh Yat• MON ROD PLAT OF WEDGEWOODTERRACE UNIT 3 FhANC. A RFIN.AT OFBLCR WEDGENK3OORRA('R UNIT 2, /S SHOWN ON A MAP REC00113-0 IN VOLUME 415 PAGE 1P11. MAP RF.COR11& NVRCTS COUNTY, TEXAS, BLOM 10 W0150EWOCO TFRRA4.4 UNIT 3 VOLUME 43. MOP 120 M IL TLC T 1f21P.+3.1"YE 6219311 Lasa S2R'32SCY1 LOT .5 123R.2E' LOT1 Brister SSurvejing amr..,,tilOM 04.512‘042 inr..75121 COM, 141,r-Isim or. Int 230. Ira nixTromr•TriarnrinTarn.Torr nI� RItErOnotor 11A et•'.'M4 LOT 7, SPFi1ON Ra F8. H E.P. R Ci.T. VOLUME 'A'.?AGES 41 • L M.R.NUT TTR W1511005o YuMeru TR0CrACTONE VOLL•MPAL PAGE. n Mai\.L' L IT WI FI DIFR BLUFF DFIIVE- - mn rm or Or mar OCTOMPSI 2:12) 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 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, buildout 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. DIVISION 17. CABLE COMMUNICATIONS COMMISSION fal 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 Cable Communications Commission for the city. The Cable 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 membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. (Ord. No. 029701, § 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 (1) 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 Commission shall be public except for matters which qualify for a closed session in accordance with state law. The minutes of said Cable Communications Commission shall be available for examination in the office of the city secretary during regular business hours. The members of the commission shall serve without compensation. {Ord. No. 029701, § 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) To develop sources of funding, including but not limited to private foundation or federal or state grants, to further community programming. {1) Report annually to the city council in writing giving a comprehensive and current view of the amendments to the ordinance. {5) To acquaint itself with technological and service developments in the cable communications 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. by city council in 2002, as amended. 3 {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. 029701, § 3, 12 18 2012)- Sec. 012) Sec. 2 183. Access 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. and access channel programming. {6) {7) {8) 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 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 neighborhood groups which are located in Corpus Christi. Membership may also include, as appropriate, osontativoc of: (i) city dopartmonts; (ii) govornmental entities; (Hi) public institutions of higher learning; (iv) public independent school districts; or (v) religious organizations, all ac mora particularly described in subsection (c). All meetings of access user groups shall be publicly posted on the public notices bulletin board of city hall and filed with the city secretary. Furthermore, all meetings of access user groups will be open to the public. {c) The access user groups should include, but not be limited to, the following: {1) Covernmental access group. Membership may include interested city department heads, or their designated representatives, and representativos of any governmental entity whosa boundaries 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. 4 Other educational access group. Membership may include representatives of all public independent school districts located in whole or in part within the city limits. Reserved. Public access group. Membership may include any individuals who are residents of Corpus Christi as well as representatives of community, public interest, or neighborhood groups which are located in Corpus Christi. Notwithstanding any other provision of this section, {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 rules guidelines adopted by the t►e city director of public communications departmentthe 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 following recommendation from the Cabla Communications Commission. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) 5 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) All programs must be produced by a producer as defined in section 55-447. (b) 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. (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. 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) (i) 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 - _ e = _ e •• •• _ - _ e - _ e •• •• e - 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 6 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 _ _ e - _e••••_• _ e • _e•••• e - City Director of the Communication Department. (4) Only one (1) program may be recorded on each media submitted. (g) Deadline. Programs on accepted media must be delivered to and picked up from the Csity phis Director of Csommunication& Ddepartment 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 Csity p61-Iblic Director of Csommunications Ddepartment each week when the media is delivered to the CGity public sCommunication& 4Department. (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. 1 (a) The CGity public Csommunication& D4epartment 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 • _ _ _ _ _ e _ _ _ _ _ _ _---------------equipment upgrades or planned outages, with notice to the PAUG presidents, the public City Csommunications D4epartment 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 sCity public Csommunication& dDepartment, Communications Commission whenever changes are made. (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. Schedules may be modified as necessary. (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 CommissionCity Director of the Communication Department to their respective PAUG Board of 7 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 e Cablo Communications Commission 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 CGity die Csommunications D4epartment no later than two (2) weeks after the time slot lottery is conducted. (i) Access Channels (10 or 18) (Note: 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. Two (2) cable communications commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. "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) (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, and 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, and 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, 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. 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. (7) (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 (m) 8 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 CGity D4irector ofpublic sCommunication& D4epartment 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. (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. _ ostablishos guidolinos concorning tho advorticement of commercial products or services in a public access program. The City Director of Communication Department may develop guidelines concerning advertisement on public access programs. Complaints. Communication to the Cable Communications Commission City Director of Communication Department regarding violation of Rules and Procedures for Public Access Cablecasting. Holidays. Official City holidays including Martin Luther King, Jr. Day, 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. 9 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). As set forth in the City Code of Ordinances, section 2 183, Miembership 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. Notwithstanding any other provision, representatives of the cable operator may be members of the PAUG. 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 - _ e - _ e •• •• _ • _ _ 'e • _ e •• •• e • - • e the city secretary, must be certified by the - _ e - _ e •• •• _ • - e • _ e •• e • 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. (4) To report monthly to the City D8irector of Ceommunication& 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 director of the City Director of Ceommunication& D4epartment 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 Communications Commission from the City Director of Communication Department. (Ord. No. 029704, §§ 1 and 2, 12-18-2012) Sec. 55-449. Violation of rules. (a) 10 [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 Cablo Communications Commission to the city council Assistant City Manager by submitting a sworn written notice of appeal to the CGity sSecretary within thirty (30) days of the rendition of the commission 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 - _e = _ e •• •• _ _ 'e - —e••••• e - 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 to the Cablo Communications Commission. Complaints must be submitted to the commission in writing to the CGity Ssecretary'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, dates of the next two (2) commission me-etings, and a statement that failure to attend, send a representative, or 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. (5) 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. (3) } 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 at one (1) of the next two (2) scheduled commission meetings. 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. 11 (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 - _ e - _ e •• •• _ • _ _ e • - e •• •• .e • City Director of Communication Department within the first seven (7) days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four ('I) consecutive weeks and producers of monthly programs that failed to supply (3) the producers who forfeit the use of the public access channels for failure to submit media. This required. 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 sCity D4irector of IIG CGommunication& 4Department. (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 Cable Communications CommissionCity Director of Communication Department. The commissiondirector will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party at the next scheduled commission meeting. 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 12 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. N 1852 OPO �� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 21, 2015 Second Reading Ordinance for the City Council Meeting of April 28, 2015 DATE: April 3, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from the Port of Corpus Christi Authority in the amount of $20,000.00 as a donation to train firefighters in marine firefighting from the landside. CAPTION: Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the landside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. PURPOSE: The Port of Corpus Christi Marina has forwarded to the Corpus Christi Fire Department a check in the amount of $20,000.00 as a donation for firefighting training. The funds are to be used exclusively for marine firefighting from the landside. No application was required. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: o Operating o Revenue o Capital o 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 $20,000.00 $20,000.00 BALANCE $20,000.00 $20,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $20,000.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the Iandside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the Iandside. SECTION 2. That $20,000.00 from the Port of Corpus Christi Port Authority is appropriated in the Fire Grant Fund No. 1062 to be used to train firefighters in marina firefighting from the Iandside. 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 21, 2015 Second Reading Ordinance for the City Council Meeting of April 28, 2015 DATE: April 6, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Amendment to the Park and Beach Vendor Ordinance CAPTION: Ordinance amending Chapter 38 of the City Code of Ordinances regarding park and beach vendors. PURPOSE: Update ordinance to reflect the revised process for assigning vendors to specific locations at parks and beaches and to strike the words "on a first come, first served basis" from the ordinance. BACKGROUND AND FINDINGS: In response to the growing food truck industry and requests from new vendors for permits, the Parks and Recreation Department has revised the park and beach vendor permitting process to sell approved items at specific park and beach locations such as Cole Park, McGee Beach, McCaughan Park, North Beach and the Gulf Beach. Previously, vendors were issued permits on a first come, first serve basis that provided little or no opportunity for new vendors to secure a spot in popular parks or beaches. With the new process, interested vendors must submit an application by the posted deadline to be considered for a location and season. If multiple vendors are interested and qualify to be considered for the same location, a lotto drawing will determine who is awarded the permit. Permits will be issued for 6 -month increments. ALTERNATIVES: Do not approve the amendments to the ordinance. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all amendments to ordinances. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation 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 0.00 0.00 BALANCE 0.00 0.00 Fund(s): Comments: none RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE AMENDING CHAPTER 38 OF THE CITY CODE OF ORDINANCES REGARDING PARK AND BEACH VENDORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Chapter 38 of the City Code of Ordinances regarding the park and beach vendors is revised to delete the struck through text, shown as follows: • "Sec. 38-19. - Park and beach vendors—Special regulations. (a) Gulf of Mexico beach vendors are subject to the requirements of article VI, chapter 10, and the sections of this article, except section 38-19. (b) No permit shall be issued to any vendor to operate his business and no vendor shall vend in or upon any public park or beach along Corpus Christi Bay, Nueces Bay, or the Laguna Madre (hereinafter, for the purposes of this section, "bayfront beach" or "bayfront beaches") or from or upon other public grounds in the city except as follows: Vendors shall be permitted to operate in or upon public parks and beaches in the city, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: (1) The director of parks and recreation may establish designated vendor sites for public parks and beaches within the city, taking into account the following factors: a. Primary use and users of the particular park or beach. b. Pedestrian and vehicle traffic flows and congestion. c. Parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities. (2) The designated vendor sites shall be assigned in conjunction with the issuance of any vendor permit under this article to operate in or upon a public park or beach, on a first come, first servcd basi&. Vendor sites may not be "reserved" in advance of permit issuance. No vendor assigned to a designated vendor site shall vend in or at any other location within the park or beach area except the assigned site. (3) Designated vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. (4) Mobile vending units shall be permitted upon the roadway portions of public beaches subject to all applicable provisions of section 38-14 of this article. (5) No mobile vending unit shall stop to vend in or otherwise obstruct the traveled portion of any public beach, which portion shall for purposes of this section be 2 deemed a street. Vending units shall stop at least ten (10) feet from the said traveled portion for conducting business. (6) Vending of Gulf of Mexico beaches shall be governed by the provisions of chapter 10 of the Code of Ordinances. " (Ord. No. 18788, § 1, 4-9-1985; Ord. No. 24738, § 1, 1-22-2002; Ord. No. 24740, § 1, 1-24-2002) SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This Ordinance takes effect on date of final Council action. 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 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 21, 2015 Second Reading for the City Council Meeting of April 28, 2015 DATE: March 4, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, AIC Director StacieT@cctexas.com 361-826-3476 Corpus Christi Police Athletic League lease renewal for Ben Garza Field and Clara Driscoll Field CAPTION: Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Clara Driscoll Field located at 4235 Baldwin, for baseball program. PURPOSE: To renew the Corpus Christi Police Athletic League lease for Ben Garza Field for 5 years. Also to renew the sublease of the Clara Driscoll Field, through the end of the Master Lease, as may be amended or extended, however, not to exceed 5 years. BACKGROUND AND FINDINGS: The Corpus Christi Police Athletic League desires to renew their lease from 2011 with the City for their youth baseball program played at Ben Garza Field and Clara Driscoll Field. ALTERNATIVES: Do not approve the lease agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the Corpus Christi Police Athletic League Lease for 5 years. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 0.00 BALANCE 0.00 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Page 1 of 1 Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for baseball program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five-year Lease Agreement with Corpus Christi Police Athletic League, a Texas non-profit corporation, for the use of Ben Garza Field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for its baseball program. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRtSTI AND CORPUS CHRtSTI POLICE ATHLETIC LEAGUE This lease agreement ("Lease") is entered into by and between the City of Corpus Christi. a Texas home rule munidpai corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and Corpus Christi Police Athletic League, Inc. ("Lessee"), a Texas nonprofit corporation, acting through Its duly authorized President of Lessee. WHEREAS, the City owns Ben Garza Park, and leases Clara Driscoll Field, all as described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached Exhtbit A, beginning on day of City Council approval, ("Effective Date") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premtses. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ("improvements") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. The parties acknowledge that although this instrument is characterized as a "lease`, it is dear that the City's Interest in the Premises for Driscoll Field is a leasehold estate which the City acquired as lessee under a Master Lease with the Driscoll Foundation, ("the Master Lease") a copy of which has been provided to Lessee. Thus, with respect to Premises for the Driscoll Field, this lease is actually a sublease from the City to Lessee and the term far use of Driscoll Reid is further limited to the term of the Master Lease. Lessee agrees to comply with all terms of the Master Lease which is incorporated by reference as If fully set out herein. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on -street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining 1 the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) Inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in helghL At least one month prior to the start of any season or pre -season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) if Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shaft complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Comptiance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. if an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. if Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's Invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Sectton 6. Sportsmanship Program. Lessee shall require that alt of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Sectton 8. Asetnnment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and Insure at same terms and conditions as provided in this agreement. Section 9. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, In writing, prior to the change, alteration or modification being made. Section 10. Understanding Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and ail Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and improvements during the term of this Lease, subject to 2 Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utlilty lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's Insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soli surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any improvements without Director's prior written approval. if approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the Insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the improvements. (B) Ali additions or alterations must be made at Lessee's expense. AD additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any improvements. Ali additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of Clty without necessity of any legal action. Section 14. Utilities. Lessee must pay for al! utilities used by It or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bili on or before the due date is grounds for termination of this Lease. Lessee must comply with applicable water conservation standards. in an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any improvements without the Director's prior written approval. (B) if Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. if the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect lo terminate this Lease after ten (10) days written notice to Lessee. Section 18. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non -Discrimination. Lessee shall not discriminate nor permit discrimination against any 3 person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State. and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) Ali actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. if the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay ail of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, indemnitors) covenant to fully Indemnify, save, and hold harmless the City, and the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation and their officers, employees, representatives, and agents (collectively, tndemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and Judgments asserted against or recovered from Clty on account of Injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or Injury may be incident to, arise out of, be caused by, or be In any way connected with, either proximately or remotely, wholly or In part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, partielpaton with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or Implied Invitation or permission of Lessee (collectively, Lessee's tnvitees) entering upon the Premises or its improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice es a spectator or participant Including, but not limited to, any injury or damage resulting, wholly or In part, proximately or remotely, from the violation by indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage In any other way and including all expenses arising from litigation, court costs, and attomeys fees, which arise, or are claimed to arise from, out of, or In connection with the asserted or recovered incident. Lessee covenants and agrees that If Clty is made a party to any Iftgation against Lessee or In any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense. Investigate al! claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and Incorporated herein by reference. Failure to maintain such insurance at the Omits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of insurance meeting the limits and requirements set 4 out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Mapagement thirty (30) days written notice of cancellation, intent not to renew, or material change of any Insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty If the City Manager determines, In his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) in addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty try giving thirty (30) days written notice to the non -terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. if it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postai Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postai Service. All such communications must only be made to the following: IF TO CITY: tF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors. and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of 5 this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) if the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing ail rights to use the Premises and improvements during the construction or reconstruction period is the City's construction or reconstruction of the improvements for Lessee's benefit. (C) Once construction or reconstruction of the improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and improvements are once again available to Lessee. (D) Lessee's term will not change nor Increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Watver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) if any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (0) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. it is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control Including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will 6 be temporarily suspended during this period to the extent performance Is reasonably affected. Section 32. Publlcatton. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent Jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826-3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and Incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. Ali other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED tN DUPLICATE, each of which shall be considered an original, on this the day of , 2015. CITY OF CORPUS CHRISTI Bv: Name: Title: Approved as to legal form: j (y / 2.D1 5 i�--t-a-r By: Lisa Aguilar, Assistanf.,ty Attorney for the City Attorney 7 LESSEE: Corpus Christi Police hieiic Lague gy:tt .' President Printed Name: (A Date: 2-/ i N kS STATE OF TEXAS COUNTY OF NUECES This strurr{ent was acknowledged before me on Li � l , 2015, by 4.4 i President of Corpus Christi Police Athletic Le4gue, a Texas non-profit corporation, on behalf o said organization. +-/N• ad f� Notary Pubiic, State of Texas Printed name: IL • J 615 [ crf�- Commission expires: cry ? 2 °• 7!1 f ? EXHIBIT A Property Description: Lease of field located at Ben Garza, 1815 Howard Sublease of Clara Driscoll Field located at 4235 Baldwin Term: Five Years from date of final City Council approval for Ben Garza field. For Clara Driscoll Field, through end of the Master Lease, as may be amended or extended, however, not to exceed five years from date of final City Council approval. Program to be operated by Lessee: Youth baseball Notice Address for Lessee: Corpus Christi Police Athletic League Attn: President P. 0. Bo 9572 Corpus Christi, Texas 78469 9 EXHIBIT B Site map 10 a. 1 • • LEGEND rriv/Arfre, ii► 4 • .. ,. CORPUS CHRISTI POUCE ATHLETIO LEAGUE Exhibit g-1 • domboININNEMI • •. I • • • • • • seg GARZA PARK COW CH= PARK & RECREATION' ......�.:�r.�....,,^n..:r.....� . i°wo4TY` ti—: • • • i • • • • . . - • • • mum ST. • • { 1e . • en Exhibit iS— ? • • ; . �i %I 1141 .4 it le 1 1 4.1 la 1\ V \ a. - • r. r10 W • r rr- ... J11 N Y- S • i r0;•.••= atpa r, • ! &Azar .)asrd ,4'.sWMr..r , •ria —dove: •.I L I_ "sx .1 I ; •��a 1 s11OIDD • r t 1 EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until ail similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, end a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non -renewal, material change or termination is required on all certificates. Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 8. Independent Contractors 7. Personal injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of insurance: • The City of Corpus Christi and the Robert Driscoti and Julia Driscoll and Robert Driscoll , Jr. Foundation must be named as additional Insureds on the liability coverage, and a blanket waiver of subrogation is required 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 warding after "left". .in lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be fisted under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination is required. B. if the Certificate of insurance on its face does not show on its face the existence of the coverage required by items 1.B (1H7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.8. (1)-(7) are included or excluded. it EXHIBIT 0 - STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: Ali Leagues must complete this self -inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. if the Inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs am necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soli is too loose to provide good running traction. [] [ 1 2. The soil surface is not loose enough around sliding zones for safe sliding. (] [ 1 3. The soli is too abrasive for safe sliding. [ ] [] 4. The soil is too compacted to provide good drainage. [ ] [ 1 5. Running paths and sliding zones near bases have become wom and need to be leveled off. (] ( 1 B. Batter's box and home plate areas have become wom and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become wom and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [ ] [ ] 9. There is a hazardous soli buildup (lip) between the skinned area and the turf. [] [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ 1 ( 1 12. Coach's box is not level with surrounding area. [ ] [] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [] [] 1. The mound does not conform to league requirements. [] [] 2. Platform area behind the rubber is not large enough. [] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. 12 [] [ ] 4. "Push-ofr and 'landing' areas are dished out and need repair. [] (] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [] [] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [ ] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [] 4. Sprinkler heads, drainage grates, valve boxes, etc. In the field are above grade or have sharp edges or unsafe protrusions. [] [] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light pasts, bleachers, etc. [] [] 6. Our facility does not comply with industry recommended field design specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [] 2. The base framework or hardware is loose or damaged. [ ] [] 3. The base ground stake is unsafety protruding above the surface grade. [ ] [] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [I [] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement [] [] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [] [] 8. The concrete footings have rounded edges and may twist out of place in the ground. [] [ ] 9. The surface of home plate is not level with the surrounding surface. [] [ ] 10. The surface of home plate is wom or irregular. [7 [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS 13 Yes No [] [ ] 1. The signs are in good condition and property Installed. COMMENTS FENCING Yes No [] (] 1. Fence posts are loose or improperly set in the ground. [] [] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. (] (] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [] [] 5. There are unsafe gaps under fencing. [] [] 6. There is no bottom tension wire or raising to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [] B. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. (] [] 10. Gates are left open during games. [] [] 11. There are Unsafe gaps in the backstop or netting with worn out boards or fencing. [] [] 12. Backstop does not meet industry recommended specifications. [] [] 13. There is no warning track or warning track is In unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spats in turf with a hard soil surface exposed. [ ] [] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [] 5. Turf irrigation comes an during games. [ ] [] 6. Turf is not stable and "blow -outs" frequently occur. [ ] [] 7.Weeds are present with thorns, bristles, or burrs. [ ] [] B. Moles, gophers or other animals have caused mounds or holes. [] [] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [] 10. Permanent materials used to mark foul lines (Le., white boards or fire hose) are protruding from the surface. COMMENTS 14 LIGHTING Yes No [] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [] [] 3. The beam direction of the lights am out of adjustment [ ] [] 4. The lighting grid pattern on the field Is uneven or irregular. [] [ ] 5. The lighting foot -candies do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [] [] 3. The plank or railing end caps are loose or missing. [ ] [] 4. Wooden planks are worn out or splintered. [ ] [] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [] 2. The chalking material used is irritating to the eyes. [ ] [] 3. There are no warning signs posted Informing players or spectators of use rules or hazardous conditions. [] [] 4. There are no public telephones available for emergency situations. [] [] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 15 /NCORpORRZ 1852 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: April 10, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities G ustavogo@cctexas. com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works Valerieq@cctexas.com (361) 826-3729 CAPTION: Jerry Shoemaker, P. E., Acting Director of Capital Programs Jerrys2@cctexas.com (361) 826-3516 Stacie Talbert-Anaya, Interim Director of Park & Recreation StacieT@cctexas.com (361) 826-3476 Approving the sale of .169 acres of City Land for use in Bordeaux Place Unit 4 Ordinance approving the sale of .169 acres of land out of the City's 4.39 acre tract of land to MPM Development, LP for the amount of $7,600.00, for the developer's use in constructing future street right- of-way necessary for their proposed Bordeaux Place Unit 4 Subdivision plat and authorizing the City Manager or designee to execute a Real Estate Sales Contract and all closing documents necessary for the land sale. PURPOSE: MPM Development, LP (Developer) desires to plat and construct a new subdivision called Bordeaux Place Unit 4. A portion of the City's land is needed in order for the developer to construct a collector street that is shown and required by the Master Transportation Plan. The City has negotiated the sale of .169 acres of its land to the developer and requires that a Real Estate Sales Contract be executed by both parties in order to close the sale. BACKGROUND AND FINDINGS: The City acquired 4.39 acres of land in 2008 located southeast of Brighton Village Park. The land was purchased with Park Enrichment Funds for future use in combining the 4.39 acres with the existing Brighton Park and creating a regional park to serve various subdivisions in the immediate area. The 4.39 acres were not formally dedicated nor developed as City parkland and do not require the Voter Referendum clearance for sale. The shape of the City's land was configured so that the existing Brockhampton Street would curve eastward and connect with Airline Road. The east part of the 4.39 acre site contained a curve which produced a sharp, unusable area. The Master Transportation Plan was revised so that Brockhampton would not only connect with Airline, but would also swerve southward towards Lipes Boulevard. This proposed extension would also provide full access to the City's remaining land, which at the present time doesn't have adequate access. The proposed intersecting street configuration shown on the plat requires a portion of the City's 4.39 acres as shown on the attached Location Map. MPM Development, LP is proposing to re -zone and re -plat the adjacent land they purchased in 2014 for the future residential subdivision called Bordeax Place Unit 4. In order to construct the Brockhampton Street extension, they need a .169 acre portion of the City's land as shown on the attached Bordeaux plat. Their plat has been submitted to Development Services which is processing a re -zoning case and a future presentation to the Platting Commission for plat approval. The City has obtained an appraisal of the land and has negotiated the sale of .169 acres for the amount of $7,600, based on the land value of $45,000 per acre. The City acquired the land in 2008 for $36,000 per acre. As per the Texas Local Government Code, Section 272.001(b)(1), narrow strips of land or land because of its shape can be sold to abutting property owners. A Real Estate Sales contract has been executed by MPM Development and is pending approval by City Council. Upon Council approval, the contract will be escrowed and closed at the First American Title Company on Holly Road. ALTERNATIVES: 1. Execute the Real Estate Sales Contract with MPM Development, LP. (recommended). 2. Do not execute the Real Estate Sales Contract and deny the sale, preventing the Brockhampton Street extension and construction. (not recommended). CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1(a)(9) to sell, lease or otherwise convey city property, real or personal. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs and Park & Recreation Departments FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures 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 passage of the Ordinance approving the Real Estate Sales Contract. LIST OF SUPPORTING DOCUMENTS: Location Map Bordeaux Plat Ordinance Real Estate Sales Contract Ordinance approving the sale of a narrow strip of land -- 0.169 acres out of the City's 4.39 acre tract to MPM Development, LP (Developer) for the amount of $7,600.00, for the use in constructing future street right-of-way necessary for Developer's proposed Bordeaux Place Unit 4 Subdivision development and associated plat; and authorizing the City Manager or designee to execute a Real Estate Sales Contract, Special Warranty Deed, and all closing documents necessary for the sale and conveyance. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds that the subject 0.169 acres of land out of the City's 4.39 acre tract located in the Brighton Village Park area ("the Property") is a narrow strip of land or land that because of its irregular shape, lack of access to public roads or small area cannot be used independently in its current location and is therefore appropriately sold to MPM Development, LP, the adjacent property owner. SECTION 2. The City Council approves of the sale of the Property to MPM Development, LP (Developer) in the amount of $7,600, for Developer's use in constructing a future street right-of-way as shown in the Developer's proposed Bordeaux Place Unit 4 subdivision plat (attached). SECTION 3. The City Manager or his designee is authorized to execute a real estate sales contract, special warranty deed, and all related documents necessary to complete the sale and conveyance of the Property. That the foregoing ordinance was read for the first time and passed to its second reading on this the Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas day of , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY LAND/SALE- .169 ACRES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 LOT 18 ;it gNg ub'd Cog co CITY PAR FD 5/6' I. R. CITY LAND 4.39 ACRES LOT 19 40&52' 1 gr ---auE I I o I 20 6678 SF 19 3 10334 11 9, r 41 wy `1 • 21 1 6048 SF \ �P\ N6I.3F.'DPW 11&86' �Ll 22 6371 Sr ,{,.- S c4- srep '�N 5- - 11 12 BORDEAUX PLACE WIT 1. BLT 2. V 61. P, 479 - 181, K.2 566 l3 IS 16 lalE 1' OC' 00' E 617. 49' 17 SS1•0'd0't 583722 - - - -1 4677- - O5 1 1 uelx sr S41'0000'E 236.00' 1Z \\ 11027 SF Y` � 1 O 41 196 38 90034 SF 5 15207sr R g 60' ROAD ROV, V 1676. P 452, O S61' 00' 00' E 455. 00' 01: 18 6756 Sr 20. 7R 6L U IN W1 - J Wb 10'01 17 41107 Sr C ;1I 99.92 I; I„ 12679 Sr ti S61' 00' 00' E 77. 52'� 10 528'I R. FB 5/6.1 R. -7\--\ 3, al 72710 SF \ 81( „11. b 1'.' 00' 146 67' 9922 SF C -31111. 7 11751 51.}., 11994 SF E 0 O v o 25' TR . S. 17' .39.-83' 0 061'00' OC'E • BROOKE RD 6s 00. N X56 E'W' 00'[ y olr 961.00'0040 65. 00' / 25' YR g1 <\ \ 12001 Sr i rS61'00'00'E 60. 00' O 0 - O• 0 N Tn 8991 Sr YJ �i. 0.I 0 2s' ST. MARE EGLISE DR _ 23 g 25• o .l3' b II � O 51 1g 7 7203 01 „1 I., 10566 Sr N29400'004E 12.23' 929'00. 00•E 20 06' 11000' ' -153. 13'- - iti CI 1i1'00. 00'0 161 74 961.02m'V 26143' 69'49.03.1 6x8. IS' - 0 8441 Sr °!1 111 'I 961. 00.00 0 '6 I 114.44 S22' 57' 1 198 2, 7576 Sr '"00'Ex0.06•S61.00 /- 10, M? ..661'ar00'6 11010' - - _ - 561.00' 00.1 160. 22'. - a , ▪ HO O1 061.00'00'1 120.22' - dSOGr �SEO'- - 35 ar 35.-Q8' Ts. 5' E 23' YR g $ g I- 'F3 $g I $,_ I $g O 1 7150 Sr d 7110 SF = 7129 SF..j i r 7129 Sr 8 ? 7174 SF l 1 T N 65. 22 00.1 33. g 29 150 sr LOT 10 r0 5/8.1. R. L07 19 N61 00' 00' N 933. 22' 00' 2' O O O 30 7150 SF 20' OE. DX. 2011039360, O P. R. q 07 gy� • ppg-� 65. CO. 65-00' 1 "' 30' 30' �• 65. 00• LOT 19 1 20 - IJ 00 FB L EF L GT. PORTION SECTION 20, LOT 16, CITY Fr CC 0.049 AG TRACT, 00G LOCATION 11 L Er L GT. SECT 20, PORTION 4.020 19. 20 1010 29 PAD ALL Or LOT 30, CC1SD. DOG 2011039359, DR , TO CL BRO9B AVE PLAT MAP NOT TO SCALE O O 111�� _ _ 1S 6E_ G 32 31 1-- 36 Ig 9 46620761 ESTATES 1„ WIT 3. NZ 1. 1 1 V 60. 9 298 - 300. M.R. PLAT OF BORDEAUX PLACE UNIT 4, (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BORDEAUX PLACE UNIT 4 PLAT CITY LAND / SALE - .169 ACRES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by the City of Corpus Christi, a Texas home rule municipal corporation, F.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 ("Seller") and MPM Development, LP, a Texas Limited Partnership, of 426 S. Staples, Corpus Christi Nueces County, Texas 78401 ("Buyer"). 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges and appurtenances pertaining to the property situated in Nueces County, Texas: The tract of land is described by metes and bounds on the attached and incorporated "Exhibit A" and shown on the attached map crosshatched and incorporated "Exhibit B" ("Premises"). 2. Purchase Price. $7,600.00 3. Title Insurance. The Seller will provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. Buyer and Seller have mutually selected First American Title Services, dba First Title Company, 5402 Holly Road, Corpus Christi, Texas ("Title Company"). The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Special Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. 5. Property Taxes. The City of Corpus Christi as owner of this property is exempt from local property taxes. The Property is currently tax-exempt with no property taxes due. Property taxes incurred from the closing date to the end of the 2015 tax year are the sole responsibility of the Buyer as well all as subsequent tax years. 6. Earnest Money. Buyer deposits $600.00 with First American Title Services as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When First American Title Services possesses the executed deed, any other necessary paperwork, and the balance of the 1 cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. if Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Buyer forfeits, and Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. if Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to alI recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be Closed through First American Title Services on or before 60 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the Special Warranty Deed. Buyer's execution of this Contract means that Buyer has read and understands that this Contract is not binding on Seller until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or the City Manager's designee. Buyer must execute this Contract within 30 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. Broker Commission. The Seller is not responsible for any brokerage or real estate commissions that may be related to this transaction. 11. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written Iease agreement is a landlord -tenant at sufferance relationship between the parties. 12. Representations and Warranties. By Seller. Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to 2 the Title Company, if necessary, all reasonable evidence of such authority which may be requested by it. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which SeIIer or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Seller has no knowledge that the Property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the SeIler's or the Property's non-compliance with applicable Iaws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 13. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property.. 14. Essential. Time is of the essence in closing this transaction. 15. Effective Date. The effective date of this Real Estate Sales Contract is the date the Contract is signed by the Seller. 16. Counterparts. MuItiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on alI of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which coIIectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. 1 Executed in triplicate, any of which constitutes an original. Seller City of Corpus Christi, a Texas home rule municipal corporation By: THE STATE OF TEXAS COUNTY OF NUECES Valerie H. Gray, P.E. Executive Director of Public Works § § This instrument was acknowledged before me on , 2015 by Valerie H. Gray, P.E., as Executive Director of Public Works of the City ofCorpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas 4 Buyer MPM Development, LP, a Texas Limited Partnership y: ' ossa "Moses" Mostaghasi, General Partner THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on F 2015 by Massa "Moses" Mostaghasi, as General Partner of MPM Development, LP, a Texas Limited Partnership, on behalf of said MPM Development, LP. [Seal] Notary Public in and for the jQ' Texas Nu ryy EUSEBIO GARZA III '= MY COMMISSION EXPIRES February 14, 2017 APPROVED AS TO LEGAL FORM THIS _/itk,DAY OF FOR THE CITY ATTORNEY N Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT , 2015. MURRAY BASS, JR., P.E.,12.P.L.S. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS § COUNTY OF NUECES § Park Tract 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com December 16, 2014 03026-M&B.doc Description of a 0.169 acre tract of land, more or less, a portion of a City of Corpus Christi 4.39 acre tract of Iand described by deed, Document No. 2008011112, Official Records, Nueces County, Texas and being a portion of Lots 14, 19, and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 - 43, map records of said county, said 0.169 acre tract as further described by metes and bounds as follows: Staring at a 518" iron rod found at the easternmost corner of Bordeaux Place Unit 2, BIock 1-A, Lot 1, a map of which is recorded in Volume 62, Pages 83 and 84, said map records, said starting point for northerly corner of said 4.39 acre tract and said starting point being the arc of a circular curve to the right having a central angle of 15°20'57", a radius of 570.00' and a chord bearing S25'31'07"E a distance of 152.24'; thence along the arc of said circular curve to the right, being along a northeasterly boundary Iine of said 4.39 acre tract, a distance of 152.70' to a 5/8" iron rod set at the POINT OF BEGINNING and northernmost corner of the tract herein described and being in the arc of a reverse circular curve to the Ieft having a central angle of 31°29'22", a radius of 630.00' and a chord bearing S33°35'20"E a distance of 341.90'; THENCE along the arc of said reverse circular curve to the Ieft, being along an easterly boundary line of said 4.39 acre tract, a distance of 346.24' to a 5/8" iron rod set for the point of curvature of a circular curve to the right having a central angle of 44°18'10", a radius of 35.00' and a chord bearing S27°10'56"E a distance of 26.39'; THENCE along the arc of said circular curve to the right, being along an easterly boundary line of said 4.39 acre tract, a distance of 27.06' to a point for the southeast or easternmost corner of the tract herein described and easternmost corner of said 4.39 acre tract; THENCE N61°00'00"W 141.90'along an easterly boundary line of said 4.39 acre tract to a 5/8" iron rod set for southwesterly corner of the tract herein described; THENCE N17°50'38"W 251.60' to the POINT OF BEGINNING, a sketch showing the 0.169 acre tract described herein being attached hereto as Exhibit 'B". ixon M. Welsh, R.P.L.S. CITY PARK, BORDEAUX PLACE UNIT 2, BLK 1A, LOT 1, V. 62, P. 83 & 84, M. R. 843, Dc,�y9Mpr O,y 10 1 _D=44' 18' 10' R=35. 00' T=14. 25' L=27. 06' CB=S27. 10' 56' E CH=26. 39' 11 ® D=31' 29' 22' R=630. 00' T=177. 62' L=346. 24' CB=S33' 35' 20' E CH=341. 90' Q D=15.20' 57' R=570. 00' T=76. 81' L=152. 70' CB=S25' 31' 07' E CH=152. 24' BORDEAUX PLACE UNIT 1, BLK 2, V. 61, P. 179 - 181, M. R. 12 13 14 15 16 17 FD 5/B' I. R. C), TW 4 0)0" °) �ro o�kcj • FD 5/8' 1. R.� 77 52' S61' 00' 00' E 455. 00' N m z -410446i, 1 ,V1 2 0, 169 AC TR. LOT 141 LO 9 1, 90 1 T '2 0 N61° �I SET 5/8' I ' 00'W NOTE1 BROOKE RD ( FUTURE) SET 5/8' IRON RODS AT ALL CORNERS OF 0.169 ACRE TRACT EXHIBIT 'BM SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑N t-= 100' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-PARK, JOB NO. 03026, SCALE: 1' = 100' PLOT SCALE: SAME, PLOT DATE: 12/16/14, SHEET 1 OF 1 Age 7. AGENDA MEMORANDUM First Reading item for the City Council Meeting of April 21, 2015 Second Reading item for the City Council Meeting of April 28, 2015 DATE: March 3, 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: Jerry Shoemaker, P. E., Acting Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Citizen's Collection Center — Flour Bluff/Padre Island Real Estate Sales Contract for Site Acquisition Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $74,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center — Flour Buff/Padre Island; increasing expenditures in the amount of $74,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center — Flour Bluff/Padre Island Area Project #E12190. PURPOSE: This 2014-2015 Capital Improvement Project will provide needed services to the residents of Padre Island and Flour Bluff. The project will result in a new Citizen's Collection Center for drop-off of solid waste, brush, discarded appliances, furniture, household hazardous waste, and various other items. BACKGROUND AND FINDINGS: Site selection parameters were established in early 2014 to find a project site with at least four acres of land, with proper zoning and easily accessible to a main thoroughfare. The site would also have to be conveniently accessible to the residents of both Padre Island and Flour Bluff. City staff identified a 7.4 acre tract of land belonging to Alamo Concrete Products Company located at the corner of Flour Bluff Drive and Division Road with address of 2010 Flour Bluff Drive. Alamo Concrete purchased the land in 2008 for construction of a concrete plant. The site has an existing zoning of "IL" Light Industrial District. City staff proceeded to work with Alamo Concrete to purchase a portion of their 7.4 acre tract. Negotiations led to the selection of the western part of the tract containing 5.32 acres, leaving Alamo Concrete 2.08 acres for their concrete plant. The City contracted Kleinfelder, Inc. in March 2014 to conduct a feasibility study on the proposed 5.32 acres. The study analyzed conceptual layouts, road construction, surface area, utilities, traffic analysis, facility size, estimated costs, and recommendations. At the same time, a Phase 1 Environmental Site Assessment was conducted to identify any environmental issues. Both studies resulted in favorable outcomes, confirming that this site would work for the project. Kleinfelder, Inc. proposed three layout concepts for the proposed collection center. The City will choose one in the final design phase. Land Acquisition staff obtained an appraisal report from the appraisal firm of Smith, Kirkpatrick & Klager, LLC. The reported value for the 5.32 acres was $224,681, which was offered to Alamo Concrete in a Real Estate Sales Contract. Alamo Concrete paid substantially more per acre and countered with the amount of $323,509. After continued negotiations, the City and Alamo Concrete agreed to a mid range sales price of $275,000 or $51,692 per acre. There are very few sites available in the area with the required project site parameters. It is in the best interest of the City to consummate the purchase and proceed with this important Public Health & Safety project. Land purchases in excess of $50,000 require the approval of City Council. With approval of the sales contract by City Council, it will be escrowed at San Jacinto Title Company as per the Seller's request. ALTERNATIVES: 1. Execute the Real Estate Sales Contract with Alamo Products Company. (recommended). 2. Do not execute the Real Estate Sales Contract and seek an alternative site (not recommended). CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs and Solid Waste Departments FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $204,500.00 3,970,000.00 $4,174,500.00 Encumbered / Expended Amount 0.00 0.00 0.00 0.00 Ordinance 74,000 0.00 74,000.00 Revised Budget 0.00 $278,000.00 $3,970,000.00 $4,248,500.00 This item 0.00 278,000.00 $0.00 278,000.00 Future Anticipated Expenditures This Project 0.00 0.00 3,970,000 3,970,000.00 BALANCE $0.00 $0.00 $0.00 $0.00 RECOMMENDATION: City staff recommends passage of the Motion approving the Real Estate Sales Contract. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Presentation Location Map Real Estate Sales Contract Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $74,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center — Flour Buff/Padre Island; increasing expenditures in the amount of $74,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center — Flour Bluff/Padre Island Area Project #E12190. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 is amended to add $74,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to the Citizens Collection Center — Flour Bluff/Padre Island Project #E12190. SECTION 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to increase expenditures in the amount of $74,000.00 to the Citizens Collection Center — Flour Bluff/Padre Island Project #E12190. SECTION 3. The City Manager or designee is authorized to execute a Real Estate Sales Contract with Alamo Concrete Products Company for the Citizens Collection Center — Flour Bluff/Padre Island in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a 5.320 acre tract of land located at the northeast corner of the intersection of Flour Bluff Drive and Division Road. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 ,DEPARTMENT OF CAPITAL PROGRAMS Property and Land Acquisition Division Citizens Collection Center Flour Bluff/Padre Island Area, #E12190, Parcel 1 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract ("Contract") is entered into by and between ALAMO CONCRETE PRODUCTS COMPANY, 226 South Enterprise Parkway #100, Corpus Christi, Nueces County, Texas 78405, hereinafter called "Seller", and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, hereinafter called `Buyer'. 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the properties described below together with together with all rights, privileges and appurtenances pertaining to the properties situated in Nueces County, Texas: A tract of land containing 5.320 acres (231,719.45 square feet) of land out of Lots 4 and 5, Section 40, Flour Bluff & Encinal Farm & Garden Tracts, as described by metes and bounds on the attached and incorporated "Exhibit A" and as shown on the attached map incorporated as "Exhibit B". 2. Purchase Price. Buyer agrees to pay $275,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after closing. 4. Warranty Deed and CIosing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2014. All property taxes for the year 2015, if any are due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2015 to the date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Five Hundred Dollars and no cents ($500.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager, or designee, on behalf of the Buyer. Buyer must execute this Contract within thirty (30) days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the Contract to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of the following: utility relocation, land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or SeIler's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of I 986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as ofthe effective date of this Agreement and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law (as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. I4. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. If required by Buyer, Seller will execute a no -drilling agreement, prepared by Buyer, to ensure that Seller will not construct or operate a well on the Property while exercising its right to recover any subsurface oil, gas, or other minerals. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. Executed in triplicate, any of which constitutes an original. SELLER: Alamo Concrete Products Company By:.. Print Name: 441. 3* I Gr/rits Print Title: glee Atsh1Ot it THE STATE OF .XAS § COUNTY OFg 4 b s e was *w ged before me or }}-- , 20I Y ;14 �'' , as / Pt i p % j of Alamo Concrete Products Company, a Texas corporation, on behalf of said corporation acting as officer of and on behalf of Alamo C.ncrete Products Company, a Texas corporation. N,h tory Public in and for the State of Texas [Seal] BUYER: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Capital Programs PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 201_ by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas ISeall APPROVED AS TO LEGAL FORM, THIS S DAY OF re Ito rc Bv• FOR THE CITY ATTORNEY 2 anet Kellogg, Assistant City Atto CITY LEGAL DEPARTMENT J:\GEN\CitizensCollectionCenlcr\RESC Alamo Parcel I.doc 201 . E12190 — Citizen's Collection Center -Flour Bluff 5320 Acre Tract STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 5.320 acres (231,719.45 square feet) of land out of Lots 4 and 5, Section 40, Flour Bluff& Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas and also being out of that certain 7.400 acre tract described in deed which is recorded in Document No. 946565, Deed Records of Nueces County, Texas. This 5.320 acre tract being more fully described by metes and bounds as follows: Beginning at the intersection of the centerline of Flour Bluff Drive and the southeasterly extension of the centerline of Division Road for the south comer (no monumentation found or set) of said Lot 5, for the south comer of said 7.400 acre tract, for the south corner of said 5.320 acre tract and for the Point of Beginning of this description; Thence, North 61°27'50" West, with the above mentioned southeasterly extension of the centerline of Division Road, same being the southwest boundary of said Lot 5 and of said 7.400 acre tract, at 40.00 feet pass a found 5/8" iron rod, at 660.00 feet pass a 60d nail found at the intersection of the common boundary of said Lots 4 and 5 with the above mentioned southeasterly extension of the centerline of Division Road and continuing with the southeasterly extension of the centerline of Division Road, same being the southwest boundary of said Lot 4 and of said 7.400 acre tract, at 906.08 feet pass a found 1" iron pipe, in all a total distance of 906.80 feet for the west corner (no monumentation found or set) of said 7.400 acre tract and of this 5.320 acre tract and for the beginning of a circular curve to the left whose radius point bears North 07°09'00" East 1457.50 feet and which has central angle of 30°07'05", a radius of 1457.50 feet, a tangent distance of 392.14 feet and an arc Iength of 766.15 feet; Thence, with said circular curve to the left, same being the southerly boundary of a 40 foot railroad right- of-way easement (Volume 292, Pages 217 and 218, Deed Records of Nueces County, Texas) and also the southerly boundary of a 100 foot wide road or railroad right-of-way easement (Volume 734, Page 226 and Volume 261, Page 101, Deed Records of Nueces County, Texas) and also being the northerly boundary of said 7.400 acre tract and of this 5320 acre tract, at an arc length of 64.89 feet pass a 518" iron rod with a City of Corpus Christi cap set on line, in all a total arc length of 766.15 feet to a 518" iron rod with a City of Corpus Christi cap set for the north comer of this 5.320 acre tract; Thence, with the northeast boundary of this tract, South 43°47'43" East, a distance of 27031 feet to a 5/8" iron rod with a City of Corpus Christi cap set on the proposed northwest boundary of Flour Bluff Drive for a corner of this 5320 acre tract; Thence, continuing with the northeast boundary of this tract, South 61°27'50" East, a distance of 40.00 feet to the centerline of said Flour Bluff Drive, same being the common section line of Sections 40 and 49, Flour Bluff & Encinal Farm & Garden Tracts, the southeast boundary of said 7.400 acre tract and the southeast boundary of this 5320 acre tract for the east comer of this 5320 acre tract; K EF-OT-DIVISION-FLOURBLUFF ROADWeldnotesaEicens collection center -dour bluff-5.32ac docs Page 1 of2 Exhibit A Thence, with the above mentioned centerline of Flour Bluff Drive, South 28'32'10" West, a distance of 367.87 feet to the Point of Beginning and containing 5320 acres of land, of which 0.310 acres lie within the proposed 40 foot wide Flour BluffDrive and 0.500 acres Iie within the proposed 25 foot wide Division Road, for a net acreage of 4.510 acres of land. Bearings based on the recorded deed of the 7.400 acre tract which is recorded in Document No. 946565, Deed Records of Nueces County, Texas. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 30th day of October, 2014 RusseII D. Ochs, RP.L.S. State of Texas License No. 5241 RUSSELL D. OCHS **• 5241 • o1=sstc?j0' SUR ICAEogince ingtSusysyl?rojcct33FB-EF.GT-DIVISION FWURBLUFF ROADIfieldooles-cllizons collection center -Dour l f 5.32ac d pc Page 2 of 2 ID. VIOL NOTE ID. r 1.P. =mown AOUN84RY OF LOTS 2500' 4 AND 3. SECTION 4D. FBFEF AND 'CENTERLINE Or WARM ROA ID. 31111 NAL O OD O Of Ilk MD alotIAIERTARCH CO SET +-111.119' on air ut 1NTN • moms c FD. 3 ;I! 0 z 5 113 30.DD r 25.00' *44 SET 5/1" 1.11 TAN DASD CAP � �( RAIIRDAD RICHT-a-*11T EASEU0fT, DAZED ALMOST 27, 1143 RECTO= VOL. 212. P0. 21T-215. 3944% TRACT—A 5.320 ACRES -25.00' SET Sir 1.1175 my OF moo LMP 5/Ir 1lln r.1 r 2M:. rS0U1)4 CORNER OF LOT 5 52B 32'10"W 13.1 4.112 AD1a VIA= 11 IN DEED Recoil= v. 0012NOTf ammo* CULNAEW DON ROAD OR RAMAD MAT IT I wry 01' 211. � 1 OAR.= w VOL. 23S, mot 'POINT OF 8EQN NP40" DESCRIPTION TION BOUNDS (NO MONUYENTATION FOU T 5/5' IA VIM C SCHRISII CAP �5.1riar-11 MIL COMMON SECTION LINE OF NO ARi1DRMA 561'27'50"E � 5 1 OF Bu.,, Me 01 SU 40.00 DRIVE —FLOUR BLUFF DRIVE FLOUR BLUFF & EiCEIR� ]o\L1�FARM W. BARREN TRACTS, 'Sy BESIb u LI®�f 4 i -1 —1 t- COMMCORNER OF SECTIONS 40. 41. 411 AND 49, PB 11 EF 11 DT NOTE: BEARINGS ARE BASED ON THE RECORDED DEED OF 1HE 7.400 ACRE TRACT YAIICH I5 RECORDED IN DOCUMENT NO. 046585, DEED RECORDS OF NIECES COUNTY. N21312'10"E 200.63' TRACT A 5.320 ACRES (TOTAL) 0.310 ACRES (HIIHIN 40' FLOUR BLUFF DRI 0.500 ACRES (111HIN 25' DISISION ROAD) 4.510 ACRES (NET) hod am" Pr, Now. Wn1 t OF A 6.3E0 ACRE (231.710.46 Bq.rrr.) TRACT OF LAND OUT OF LOTS 4 AND a, SECTION 40. PLOUR BLUFF k INCRIAL PARA & CARD= TRACTS, A MAP 0P WHICH 15 RAID IN VOL= A. PAWS 41 THRU 43. MAP RECORDS 0P NUECEB COUNTY TE=AS, AND ALSO 120W Our or THAT CAITAB1 7.400 ACRE TRACT MDR= a DUD WHICH m RRCORDID >N DOCUMENT NO. 0406565, DUD RECORDS OF NUS COMM CITY of CORPUS ORRIS= Tzus 611 CapRol Pullman Sing Mobs .A11is,aAr =� .11114,.11114,9146.. 7. 0.. Ar . -i *OW OM AR[ f O f: Evhi hit R PROJECT BUDGET Citizens Collections Center - Flour Bluff FUNDS AVAILABLE: Solid Waste Capital Improvement Program (FY 2015) $ 204,500 Solid Waste Capital Improvement Program (FY 2016) 3,970,000 Ordinance - Solid Waste Capital Reserves 74,000 TOTAL FUNDS AVAILABLE $ 4,248,500 FUNDS REQUIRED: Land Acquisition $ 278,000 Engineer Fees: Feasibility Study (Kleinfelder) 70,000 Design and Engineering (Kleinfelder) (Preliminary Estimate) 310,000 Testing (Geotechnical and Construction Material) (TBD) 70,000 Construction Fees: Construction (Preliminary Estimate) 3,100,000 Contingency 300,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 45,000 Engineering Services (Project Mgmt) 73,000 Misc 2,500 TOTAL $ 4,248,500 PROJECT BUDGET BALANCE *Original contract administratively approved on January 31, 2014 PROJECT LOCATION NOT TO SCALE CITIZEN'S COLLECTION CENTER FLOUR BLUFF SITE E12190 - LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Flour Bluff Citizens' Collection Center Council Presentation April 21, 2015 Project Scope Corpus Chrsti Capital Programs Proposed Flour Bluff Transfer Station Site: ➢ Operational (manned) drop off center for solid waste, brush, discarded appliances, furniture, household hazardous waste and various items ➢ Benefits: • Reduced Solid Waste Bulk/Brush Pickup Times and Cost • Reduced Code Compliance Actions and Enforcement • Reduced Nuisance Dumping and Wind Blown Debris in Neighborhoods • Increased Convenience for Flour Bluff and Island Residents 2 Project Schedule Corpus Chr sti Capital Programs Project Construction Estimate: 7 Months Project Estimated Complete: September 2016 2015 2016 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Design Bid Phase Project Construction Estimate: 7 Months Project Estimated Complete: September 2016 Sample Facility Corpus Chr sti Capital Programs Citizen's Collection Center Corpus Chr sti Capital Programs Questions? 5 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 21, 2015 Second Reading for the City Council Meeting of May 19, 2015 DATE: February 13, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities G ustavogo©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 ieffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager Jerrys2@cctexas.com (361) 826-3516 Amendment No. 1 to U.S. Government Lease for Real Property for U.S. Coast Guard Navigational Marker ACLL 7817 Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. PURPOSE: The purpose of this agenda item is to execute an amendment to the original Lease for Real Property with the U.S. Coast Guard approved by Ordinance No. 027905 which changes Section 4 Notice, which permits the Coast Guard and the City to terminate the lease, without cause or reason, by giving the other party thirty (30) days notice in writing. BACKGROUND AND FINDINGS: On March 28, 1962, the City approved City Ordinance No. 6471 which granted the U.S. Coast Guard a revocable permit to install a navigation marker located near the City barge docks on the south shore of the ship channel. This marker is one of the most critical navigation aids for ships entering the Ship Channel. In 2008, the Coast Guard requested a new long term lease for nineteen years at an annual rate of $1.00 per year, which was the same fee of the original 1962 permit. The new nineteen year lease was approved on October 21, 2008 under Ordinance No. 027905. The U.S. Coast Guard recently notified the City that they would like to amend Section 4 of the lease which pertains to Notices. Section 4 currently states that the Coast Guard may terminate the lease for cause at any time by giving at least 30 days written notice. The Coast Guard must state the reason or cause of the termination. The lease further states that the City may terminate the lease at any time, without cause by giving at least ninety days notice. To meet new government regulations affecting all their leases, the Coast Guard has requested that the current lease be amended to state that the Coast Guard and the City may now terminate the lease, without cause, by giving a 30 day notice to the other party. All of the other terms and conditions of the original lease remain intact. Generally, an ordinance granting or authorizing the execution of a lease of City property for more than five years must be read at two regular meetings of the City council. The ordinance will not be acted upon until the twenty-eighth day after the first reading and requires a publication of notice of the proposed lease amendment within five days following each of the two readings. City Council approval of this change is requested. ALTERNATIVES: 1. Execute Amendment No. 1 to U.S. Government Lease for Real Property (recommended). 2. Do not execute Amendment No. 1 to U.S. Government Lease for Real Property (not recommended). CONFORMITY TO CITY POLICY: The Lease Agreement is authorized by Chapter 272.005, Lease of Property to Governmental Entity and conforms to the City's policies for property leases. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures 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 Fund(s): Not applicable RECOMMENDATION: City staff recommends approval of the Lease Agreement amendment and passage of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Amendment No. 1 to Lease Agreement Ordinance COAST GUARD NAVIGATION MARKER GOV. LEASE - AMENDMENT NO. 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to amend the current lease of real property to the U.S. Government previously approved by Ordinance No. 027905 on October 21, 2008 by amending Paragraph four (4) NOTICE; and to execute all related documents in connection with a United States Coast Guard navigation marker mounted on the east wall of the South Texas Institute for the Arts Building, an Aid to Navigation (ATON) structure known as "the Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)." SECTION 2. Publication shall be made 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 Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817 This Amendment No. 1 to that certain US GOVERNMENT LEASE FOR REAL PROPERTY between the City of Corpus Christi, whose address is 1201 Leopard Street, Corpus Christi, TX 78469-9277, and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter described as theniL States Coast Guard, and hereinafter called the Government or Lesseeauthorized by Ordinance No. 027905 on October 21, 2008 (Lease) is made and entered into this date by the parties. Whereas, the US Coast Guard requested, and the City of Corpus Christi granted, a long term lease to install a navigation marker or Aid to Navigation (ATON) to be located near the City barge docks on the south shore of the ship channel, mounted on the east wall of the South Texas Institute for the Arts Building; Whereas, the navigation marker or ATON, known as "Corpus Christi Channel Cut "B" West Front Light (ACLL 7817), is needed for navigation purposes of ships approaching the ship channel; Whereas, the Lease began on January 1, 2009 and will end on September 30, 2028; Whereas, the US Coast Guard requests, and the parties agree, to amend Section 4 of the Lease to aHow the United States and the City to terminate the lease without cause upon 30 days' notice; For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the benefit of the public, the parties agree as follows: Section 1. Section 4 of the Lease is amended as shown below. the date of receipt of termination notice. The Lessor may terminate this lease at any 4. NOTICE: Either Lessor or Lessee may terminate this lease without cause at any time by giving the other party thirty (30) days notice in writing. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. Notice commencing from the date of receipt of notice. The leasing authority for this lease will be the delegated authority 14 USC 672. Section 2. The amended Lease is restated to read as follows: Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 1 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) STANDARD FORM 2 FEBRUARY 1965 EDITION / GENERAL SERVICES ADMINISTRATION FPR (41 CFR) 1-16,601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE No. October 01, 2008 HSCG82-08-L-8N3067 THIS LEASE made and entered into this date by and between City of Corpus Christi, whose address is 1201 Leopead Street, Corpus Christi, TX 78469-9277, and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter described as the United States Coast Guard, hereinafter called the Government: WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follow: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "premises". Site address: As shown on excerpt copy of US Coast and Geographical Survey Chart No. 523, marked Exhibit "A" dated January 1962, and incorporated by reference herein known as Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817) TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1, 2009 through September 30, 2028, subject to termination and renewal rights as may be hereinafter set forth. 3. CONSIDERATION: The consideration for this lease shall be $1.00, of which the receipt and sufficiency is hereby acknowledged for the operation and maintenance of this property to be used by Aids to Navigation equipment for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 4. NOTICE: Either Lessor or Lessee may terminate this lease without cause at any time by giving the other party thirty (30) days notice in writing. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. Notice commencing from the date of receipt of notice. The leasing authority for this lease will be the delegated authority 14 USC 672. 5. This lease will continue (14 U.S.C. § 672) with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 4, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this lease shall in no event extend beyond September 30. 2028. 6. A Supplemental Agreement will be utilized to make changes adjustments to this lease. 7. TAX IDENTIFICATION: All leases must include either a nine -digit Federal Tax Identification number or a Social Security number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID number: 74-6000574 Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 2 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) Telephone number: (361) 826-3516 (City Property Mgr office) 8. COMPLIANCE WITH APPLICABLE LAW: The Lessor shall comply with all Federal, State, and local laws applicable to the Lessor as Owner or Lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, State, and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 9. MAILING: Mailing refers to Certified Mail with return receipt and the date of acceptance being the start date. 10. CHANGE OF OWNERSHIP NOTIFICATION: Lessor will notify Government within thirty (30) days of any transfer of ownership of the described property; or change in payment mailing address. 11. SUCCESSORS BOUND: The lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 12. INDEMNIFICATION: The Government, in the manner and to the extent provided by Federal Tort Claims Act (28 U.S.C. § 2671-2680), as amended), shall be liable for, and shall hold the Lessor harmless from claims for damage or loss of property, personal injury or death caused by the act or omissions of the Government, its officers, employees and agents in the use of the leased premises. 13. INGRESS/EGRESS: Lessor hereby grants to the Government, its contractors and other duly assigned personnel, the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of Government owned equipment across Lessor's property. 14. GOVERNMENT INSPECTION: The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 15. PERFORMANCE FAILURE: If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Governments written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments or Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. 16. ANTI -DEFICIENCY ACT (31 U.S.C. § 1341, as amended): Nothing in this lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 17. INSURANCE: The Government is a self-insured entity. 18. TAXES AND ASSESSMENTS: The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 19. CONDITION OF USE: The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, Sate and local permits, licenses, or other authorization required for operation of its equipment. Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 3 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) 20. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE, AND REMOVAL: The Government is solely responsible for all costs connected with the installation and maintenance of all Government owned equipment located on the leased Premises. Installation and operation of Government equipment shall be done according to applicable Government codes and accepted industry standards. 21. WARRANTY: Lessor makes no warranty, express or implied, as to the suitability of the leased Premises for the Government's intended use or purpose and expressly disclaims any such warranty. 22. SUBLETTING/ASSIGNMENT: Government may not sublet or assign the leased Premises. 23. LEASE ADMINISTRATION: Administration of subject lease will be accomplished by: Commander (rp), US Coast Guard, Civil Engineering Unit Miami, 15608 SW 117 Avenue, Miami, Florida 33177, Telephone: (305) 278-6717.. 24. SEVERABILITY: Ifany term or provision of this lease is held invalid or unenforceable, the remainder of this lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. 25. DISPUTES (DEC I998): This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601-613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b) (2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed as to either liability or amount or is not acted upon in a reasonable time. b. (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six (6) years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "1 certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that 1 am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 4 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) c. For Contractor claims of$100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within sixty (60) days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, with sixty (60) days, decide the claim or notify the Contractor of the date by which the decision will be made. d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. if the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolutions (ADR). if the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. f. The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required), or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.21, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six (6) month period as fixed by the Treasury Secretary during the pendency of the claim. 26. ASSIGNMENT OF CLAIMS (JAN 1986): a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign, reassign, or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b. Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified documents (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. 27. This lease incorporates by reference the applicable clauses in GSA Form 3517A ("General Clause"), with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http://www.gsa.gov/leasingform. 28. This lease supersedes Permit No. Lease 08-020-62, which was negotiated with an indefinite term. Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 5 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) : STACK IA-11/ei IC s a [ont Tyinit tr. .UL 4 Section 3. Except for the revisions to Section 4, ail other terms in the Lease remain the same. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. OWNER/LESSOR: CITY OF CORPUS CHRISTI IN PRESENCE OF: BY Valerie H. Gray, P.E., Executive Director of Public Works 1201 Leopard St.. Corpus Christi, TX 78401 (Signature) (Address) GOVERNMENT/LESSEE: UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY GUARD Paul R Hewitt, Realty Specialist. (Signature) (Official title) Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 6 of 8 pages Lease No. HSCGB2.48-L-8N3067 Corpus Christi Channel Cut 13' West Front Light (ACLL 781 7) GENERAL SERVICES ADMINISTRATION PUBLIC BUILDING SERVICE SUPPLEMENTAL LEASE AGREEMENT SUPPLEMENTAL AGREEMENT NO. 01 TO LEASE NO. DA 1/20115 HSCGS2-08-L-8N3067 ADDRESS OF PREMISES A show on excerpt copy of US CG and Geographical Survey Chart No. 523, marked Exhibit A dated 1962 incorporated and reference THIS AGREEMENT, made and entered into this date by and between City of Corpus Christi whose address is 1201 Leopead Street, Corpus Christi, TX 78469-9277 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effec$Ve January 20, 2 015 as follows: In conforming with the current guidelines, the following revision shall be made to Lease# HSCG82-08-L-8N3067,At the option of the Government this lease will be renewed annually through September 30,2028. The Government option shall deemed exercised and lease renewed each year provided, notice is given in writing to lessor at least thirty (30) days before the end of each Fiscal Year. Paragraph four (4) of this lease will be amended to read: NOTICE: Either Lessor or Lessee may terminate this lease without cause at any time by giving the other party thirty (30) days' notice in writing. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. Notice commencing from the date of receipt of notice. The leasing authority for this lease will be the delegated authority 14 USC 672 All other terms and conditions of the lease shall remain In force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR BY (Signature) MUG) IN PRESENCE OF UNITED STATE OF AMERISA BY (Signatu (Signature) (Address Paul R. Hewitt Realty Specialist (Official Use) FORM GSA JUL 87 276 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 Future Item for the City Council Meeting of April 21, 2015 Action Item for the City Council Meeting of April 28, 2015 DATE: April 21, 2015 TO: 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 and Installation of Laboratory Casework, Lab Benches, Cabinetry, and a Chemical Hood CAPTION: Motion approving the purchase and installation of the casework, lab benches, cabinetry, and the chemical hood necessary to renovate three (3) laboratory rooms at the Water Utilities Laboratory from VWR International, LLC, Irving, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $72,820.63. Funds have been budgeted by the Utilities Department in FY 2014- 2015. PURPOSE: This equipment is to be used as a work space in order to perform critical laboratory testing of waste and storm water in the Water Utilities Laboratory. BACKGROUND AND FINDINGS: The Water Utilities Laboratory is certified by the National Environmental Laboratory Accreditation Conference (NELAC). The renovation of Laboratory Rooms number 15, 16, and 17 will provide for the casework, lab benches, cabinetry, and a chemical hood which are all needed for daily laboratory operations. 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: 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 $98,516.69 $0 $98,516.69 Encumbered / Expended Amount $25,516.69 $0 $25,516.69 This item $72,820.63 $0 $72,820.63 BALANCE $179.37 $179.37 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 PRICE SHEET TXMAS CONTRACT NO. 14-66040 PURCHASE AND INSTALLATION OF LABORATORY CASEWORK ITEM DESCRIPTION QTY. UNIT VRW International, LLC Irving, Texas UNIT PRICE EXTENDED PRICE 1 2 3 4. 5. Casework , lab benches, and cabinetry for laboratory room no. 15. Casework , lab benches, and cabinetry for laboratory room no. 16. Casework , lab benches, cabinetry, and a chemical hood for laboratory room no. 17. Installation for laboratory rooms no. 16 & 17. Freight 1 1 1 1 1 Lot Lot Lot Lot Lot $14,502.12 $8,459.55 $34,958.37 $13,150.59 $1,750.00 $14,502.12 $8,459.55 $34,958.37 $13,150.59 $1,750.00 TOTAL: $72,820.63 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: April 14, 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 Engineering Design Amendment No. 1 Signal Improvements and Street Lighting City -Wide BOND 2012 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas in the amount of $30,321.74 for a re -stated fee not to exceed $79,833.85 for the Signal Improvements and Street Lighting BOND 2012 project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 with Maldonado - Burkett Intelligent Transportation Systems, LLP for the Signal Improvements and Street Lighting BOND 2012 project. BACKGROUND AND FINDINGS: Advancements in technology for traffic signalization provide for improved traffic control and safety for vehicles and pedestrian transportation. Bond 2012 prioritized upgrades of antiquated signals at intersections. Upgrades include new equipment for signal heads, controllers, visual information visual detection systems (VIVIDS) on new poles and mast arms. HDR and MBITS were selected for the various projects this project addresses. K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\SIGNAL IMPROVEMENTS BOND 2012\AGENDA MEMO SIGNAL IMPROVEMENT AND STREET LIGHTING BOND 2012.DOCX ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2014- 2015 Street Capital Improvement Planning (CIP) Budget. 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 $99,100.00 $1,900,900.00 $0.00 $2,000,000.00 Encumbered / Expended Amount $99,100.00 $0.00 $0.00 $99,100.00 This item $0.00 $30,321.74 $0.00 $30,321.74 Future Anticipated Expenditures This Project $0.00 $96,620.11 $0.00 $96,620.11 BALANCE $0.00 $1,773,958.15 $0.00 $1,773,958.15 Fund(s): ST 36 RECOMMENDATION: City staff recommends the execution of Amendment No. 1 with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $30,321.74 for the Signal Improvements and Street Lighting City -Wide BOND 2012 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\SIGNAL IMPROVEMENTS BOND 2012\AGENDA MEMO SIGNAL IMPROVEMENT AND STREET LIGHTING BOND 2012.DOCX PROJECT BUDGET ESTIMATE SIGNAL IMPROVEMENTS AND STREET LIGHTING CITY-WIDE Project No. E12105 April 21, 2015 FUNDS AVAILABLE: Street CIP $2,000,000.00 FUNDS REQUIRED: Design Fees: *Engineer (Maldonado -Burkett) (Navigation) 49,512.11 Engineer (Maldonado -Burkett) Amendment No. 1 (McArdle) 30,321.74 Reimbursements: Administration (Capital Programs/Capital Budget/Finance) 34,052.00 Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) 102,156.00 Misc. (Printing, Advertising, etc.) 10,000.00 TOTAL $226,041.85 ESTIMATED PROJECT BUDGET BALANCE $1,773,958.15 *Original contract approved by Administration on December 31, 2014 Remaining project budget to be used for future project phases AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Maldonado -Burkett Intelligent Transportation Systems. LLP, a Texas corporation, 2205 Western Trails Blvd., Suite B, Austin, Travis County, Texas 78745, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Signal Improvements and Street Lighting City -Wide (Project No. E12105) BOND 2012 This project prioritizes intersections to receive signal upgrades and VIVIDS. This amendment No. 1 will address the intersection signal improvements to be located at Mcardle Road and Nile Drive. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Capital Programs. The Director of Capital Programs may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Amendment No. 1 Page 1 of 3 KIENGINEERING DATAEXCHANGE ANGIEM1STREET1E12105 SIGNAL [MPR & STREET LIGHTING BOND 20121AMD 11CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $30,321.74 (Thirty Thousand Three Hundred Twenty One Dollars and Seventy Four Cents), for a restated fee not to exceed $79,833.85, (Seventy Nine Thousand Eight Hundred Thirty Three Dollars and Eight Five Cents) as shown in the attached Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Capital Programs. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Amendment No. 1 Page 2 of 3 K:IENGINEERING DATAEXCHANGEIANGIEM\STREET1E12105 SIGNAL IMPR & STREET LIGHTING BOND 20121AMD ,‘CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP J. H. Edmonds, P.E. Date Ramon Ftf. {a[ldonado Jr., P.E. Date Director of Capital Programs Principal 2205 Western Trails Blvd., Suite B Austin, TX 78745 RECOMMENDED (512) 916-1386 Office Ocf Operating Department / '6ate APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No. E12105 Accounting Unit: 3549-053 Account: 550950 Activity: El 2105013549EXP Account Category: 50950 Fund Name: Street C!P BOND 2012 Encumbrance No. Amendment No. 1 Page 3 of 3 K:4ENGINEERING DATAEXCHANGELANGIEM\STREETlE121O5 SIGNAL IMPR & STREET LIGHTING BOND 24124AMD 14CONTRACT PROFESSIONAL SERVICESDOC MAEO06600.•UTA9TT 114'11.11161%T T11A650O6TAT7ON SMS TEMS. u February 12, 2015 Mr. Jerry Shoemaker, P.E. Assistant Executive Director of Capital Programs 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Shoemaker: MBITS is proposing to do a Signal and Pedestrian Pole design at McArdle Rd. and Nile Dr. Below is a summary along with design fees associated with the intersection. McArdle Rd. with Nile Dr. Signal Warrant Study Signal warrant study for the intersection for a total of $2,701.89. McArdle Rd. with Nile Dr. Signal Design Signal and Ped Pole design with Other Direct Costs (Project Wide Fee) for a total of $23,888.61. This fee assumes topo and utility survey will be supplied by others. Additional Services: Survey Topo and Utilities In the event MBITS needs to obtain survey and utility information, a fee of $3,731.24 will be added. This fee will include survey topo and utilities along with subconsultant coordination. Contents Technical Specifications will be included with the construction documents and completed in accordance with city's specifications and standards. This package will not include front end documents. Schedule Once NTP is given we anticipate the design will take 30 working days with dedicated staff. This time will also depend on the City's review time and comments. Based on the current construction schedule, MBITS will first be submitting preliminary foundation and conduit locations in order for the contractor to begin construction. One pre -submittal before the final signed and sealed sheets are submitted unless additional submittals are requested which will impact the 30 day work schedule. If you have any additional questions please let us know. Best regards, Ramon H. Maldonado Jr.. P.E. ]]65 WESTEAN TRAILS BLVD SUIT# B AUSTIN. fl71A5 76745 ONIro 517.916 1396 • r04.1 m611sg7oUp to" AMD. NO. 1 EXHIBIT "A" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must fumish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 1 EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. AMD. NO. 1 EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AMD. NO. 1 EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Maldonado -Burkett Intelligent Transpiration Systems, LLP P. O. BOX: N/A STREET ADDRESS: 2205 Western Trails Blvd., Suite B FIRM IS: 1. Corporation 4. Association CITY: Austin 2. Partnership 5. Other ZIP: 78745 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name AJI Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name )A Committee Board, Commission or 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ramon H. Maldonado Jr., P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: M//0//c— a. //0 1/c— a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Note: City -Wide Project PROJECT # E12105 LOCATION MAP NOT TO SCALE City of Corpus Christi Signal Improvements and Street Lighting CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS -""1- PAGE 1 OF 1 - PAGE1OF1 04 Corpus Chr sti Capital Programs Signal Improvements and Street Lighting BOND 2012 Council Presentation April 21, 2015 Project Scope Corp‘40 sti Capital Programs This project proposes to upgrade the 4 -way stop (to signalized) intersection. Work includes: • Warrant Study • Design for new poles mast arms signal controller cabinet etc. Note: McArdle Street is a reconstruction to a three lane road with a continuous center lane and a bike lane. Design dal Project Schedule Corp‘40 sti Capital Programs 2015 May June July Aug Sept construction Project Estimate: 150 Calendar Days N 5 Months *Engineer (Maldonado -Burkett) (Navigation) Engineer (Maldonado -Burkett) Amendment No. 1 (McArdle) Reimbursements $146,208 Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Street CIP $2,000,000 FUNDS REQUIRED: Design Fees: $49,512 $30,322 TOTAL $226,042 ESTIMATED PROJECT BUDGET BALANCE *Original contract approved by Administration on December 31, 2014 Remaining project budget to be used for future project phases $1,773,958 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: April 28, 2015 Agenda Item: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas in the amount of $30,321.74 for a re -stated fee not to exceed $79,833.85 for the Signal Improvements and Street Lighting BOND 2012 project. Amount Required: $30,321.74 Fund Name Accounting Unit Account No. Activity No. Amount Street CIP BOND 2012 3549-053 550950 E12105013549EXP $30,321.74 Total $30,321.74 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: April 6, 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 Engineering Construction Contract and Design Contract Amendment No. 1 Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements and to execute Amendment No. 1 to a Contract for Professional Services with Engineering & Construction Management Services, LLC (ECMS, LLC) in the amount of $97,440.00 for a restated fee of $114,940.00 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Grace Paving and Construction, Inc., for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. This item also approves a separate contract for architectural/engineering services to develop and issue the delivery orders to the contractor. BACKGROUND AND FINDINGS: This project provides for continued construction phase services to support the Minor Street IDIQ project. This project was developed to supplement the efforts of the City Street Department to improve K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\IDIQ MINOR STREET\AGENDA MEMO IDIQ MINOR STREET PAVEMENT IMPROVEMENTS.DOCX the quality of our streets. This project allows for immediate identification and prioritization of outstanding work orders within the City Maximo Data Base. The areas of repairs are localized street pavement and base material failures and potholes and are not intended for major street rehabilitation or reconstruction. The work may include saw cutting, crack sealing, seal coat, milling, curb and gutter and ancillary minor utility manhole ring and cover and valve adjustments. On March 11, 2015, the City received proposals from five (5) bidders and the bidders: Contractor Total Grace Paving & Construction, Inc. Corpus Christi, Texas $1,880,404.50 A.Ortiz Construction, Inc. Corpus Christi, Texas $2,192,407.50 LNV, Inc. Corpus Christi, Texas $2,189,308.70 Salinas Construction Technologies, LTD. Pleasanton, Texas $2,396,993.80 Gourley Contracting Corpus Christi, Texas $1,980,630.00 ALTERNATIVES: 1. Authorize execution of the construction contract and amendment no. 2. 2. Do not authorize execution of the construction contract and amendment no. 2. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Engineering & Construction Management Services, LLC (ECMS) conducted a bid analysis of the five (5) proposals submitted in response to the City's bid solicitation. ECMS found that Grace Paving & Construction, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement 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 $17,500.00 $2,500,000.00 $0.00 $2,517,500.00 Encumbered / Expended Amount $17,500.00 $0.00 $0.00 $17,500.00 This item $0.00 $1,977,844.50 $0.00 $1,977,844.50 Future Anticipated Expenditures This Project $0.00 $179,266.07 $0.00 $179,266.07 K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\IDIQ MINOR STREET\AGENDA MEMO IDIQ MINOR STREET PAVEMENT IMPROVEMENTS.DOCX BALANCE $0.00 $342,899.43 $0.00 $342,899A3 RECOMMENDATION: City staff recommends that the construction contract be awarded to Grace Paving & Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements for the total base bid, and recommends execution of Amendment No. 1 with ECMS, LLC. for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\IDIQ MINOR STREET\AGENDA MEMO IDIQ MINOR STREET PAVEMENT IMPROVEMENTS.DOCX PROJECT BUDGET ESTIMATE Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements FY 2014/2015 Project No. E14034 PROJECT FUNDS AVAILABLE: Street Operating Fund FY 2014 $ 17,500.00 Street Operating Fund FY 2015 2,500,000.00 TOTAL 2,517,500.00 FUNDS REQUIRED: Construction (Grace Paving) 1,880,404.50 Desiqn Fees: Engineer - (ECMS) 17,500.00 Engineer - (ECMS ) Amendment No. 1 97,440.00 Construction Inspection & Preperation of Delivery Orders (TBD) 28,206.07 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) 62,937.50 Engineering Services (Project Mgt//Traffic Mgt Services) 75,525.00 Misc. (Printing, Advertising, etc.) 12,587.50 TOTAL $ 2,174,600.57 ESTIMATED PROJECT BUDGET BALANCE $ 342,899.43 PROJECT # E14034 LOCATION MAP NOT TO SCALE Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS -""- PAGE 1 OF 1 - PAGE1OF1 AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Engineering & Construction Management Services, LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements (Proiect No. E140341— This project is an Indefinite Delivery/Indefinite Quantity (IDIQ) construction project to perform minor street pavement repairs involving pavement rehab/replacement, base repairs with limestone, and sub -grade stabilization throughout the City. The work will be issued in delivery orders that will provide specific scope and requirements. The work will include saw cutting, crack sealing, seal coats, milling, curb & gutter and driveway replacement, curb ramps, minor utility manhole ring and cover and valve adjustments, and gas line utility -cut backfill with limestone and HMAC pavement. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Capital Programs. Amendment No. 1 Page 1 of 3 KIENGINEERING DATAEXCHANGEANGIEMISTREET1E14034 IDIO MINOR STREET IMPROVEMENTSIECMSIAMENDMENT NO 1\CONTRACT PROFESSIONAL SERVICES.DOC The Director of Capital Programs may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $97,440.00 (Ninety Seven Thousand Four Hundred Forty Dollars and Zero Cents), for a restated fee not to exceed $114,940.00, (One Hundred Fourteen Thousand Nine Hundred Forty Dollars and Zero Cents) as shown in the attached Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The NE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, Amendment No. 1 Page 2 of 3 KIENGINEERING DATAEXCHANGEWNGIEMISTREET1E14034 IDIQ MINOR STREET IMPROVEMENTSIECMSWMENDMENT NO 11CONTRACT PROFESSIONAL SERVICES.DOC contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Capital Programs. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Engineering & Construction Management Services, LLC _-4 Felix H. Ocanas Jr., P.E. Principal 5001 Oakmont Drive Corpus Christi, TX 78413 RECOMMENDED (361) 549-4576 J. H. Edmonds, P.E. Date Director of Capital Programs Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management and Budget ATTEST Date Rebecca Huerta, City Secretary 4 6-q i Date Project No. E14034 Accounting Unit: 1041-12430-051 Account: 530000 Activity: E14034011041 EXP Account Category: 30000 Fund Name: Street Fund Encumbrance No. Amendment No. 1 Page 3 of 3 KIENGINEERING DATAEXCHANGE',ANGIEMISTREETE14034 IDIQ MINOR STREET IMPROVEMENTSIECMSIAMENDMENT NO 1ICONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS IDIQ MINOR STREET PAVEMENT IMPROVEMENTS (Project Number E14034) AMENDMENT NO. 1 L SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-NE will: a. Prepare the necessary bid documents for advertising the proposed construction contract: b. Assist City staff during the bidding process as may be necessary. c. Conduct and/or attend and participate in meetings with the City staff as required towards the award of the construction contract. 2. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and woridng drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction divislmh); provide interpretations and clarifications of the plans and specifications forthe contractor and authorize minor changes which do not affect the contractors price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project These manuals will be in a "multimedia format' suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be In HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - AMD. NO. 1 EXHIBIT "A" Page 1 of 5 Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. 1. Review construction *red -line drawings, prepare record drawings of the Project as constructed (from the `red-tlne drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer beim provided in a separate file. Attribute data will be provided in ASCII format in tabular form. Aft electronic data will be compatlbte with the City GIS system. The City staff wit a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services es that may be included as part (Adds contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the followings 1. Coon Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractoes work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavorto provide further protection for the C11Y against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shaft in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project- related rojectrelated meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist In understanding the intent of the Contract Documents. B. PR shaft communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications arnd interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: AMD. NO. 1 EXHIBIT "A" Page 2 of 5 A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Sita observations of Contractor's work in progress to amt AIE in determining tithe Work is in general proceeding in accordancewiththe Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any Inspection, test or approval required to be made; and advise City and AIE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for Inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents inciudirg alt Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's ciarlrcations and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved Cityformat, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures and send copies to AIE and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report Immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or corrin. B. Participate In a final inspection in the company ofAIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. AMD. NO. 1 EXHIBIT "A" Page 3 of 5 2. Start -Un Services Provide on-site services and verification for all start-up procedures during actual start up of major Project components, systems, and mated appurtenances if needed and required. 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fx, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no tater than sixty (60) days prior to the end of the maintenance guaranty period. 4 Provide the services above authorized in addition to those items shown on Exhibit "A 1" Task Ust, which provides supplemental description to Exhibit W. Note: The Exhibit °A-111 Task Ust does not supersede Exhibit 'W. 2. SCHEDULE Day Date Activity Monday February 2, 2015 Submit tinal bid package Tuesday , March 3, 2015 Pre-bid meeting Wednesday Maroc 11, 2015 Bid opening Tuesday Aprtl 14, 2015 Contract Award Wednesday May 15, 2015 Begin Construction Thursday , May 15, 2016 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for ail expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided In Section IA.1-4, A/E will submit monthly statements for basic services rendered. In Section IA1-3, the statement will be based upon NE's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section IA4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. AMD. NO. 1 EXHIBIT "A" Page 4 of 5 B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services; the City will pay the ANE a not -to -exceed fee as per the table below: S Basic Services Fees 1. Preliminary Phase $3,000 2. Design Phase $3,000 3. 131d Phase $3,000 4. Construction Phase (12x22(1.5490) $35,640 Subtotal Basic Services Fees $44,840 Additional Services Fees (Allowance) 5. Construction Observation Servlces(12x22x4x$50) $52,800 S:—SteriServisee — 7. Warranty Phase (included in 5 above) — Sub -Total Additional Services Fees Authorized $52,800 Total Authorized Fee 97,440 AMD. NO. 1 EXHIBIT "A" Page 5 of 5 EXHIBIT "A-1" TASK UST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A") CITY OF CORPUS CHRISTI, TEXAS ID$Q MINOR STREET PAVEMENT IMPROVEMENTS (Project No. E14034) AMENDMENT NO. 1 Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATIO J SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the protect site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing Laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contactor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. AMD. NO. 1 EXHIBIT "A-1" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 2 EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. AMD. NO. 2 EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AMD. NO.2 EXHIBIT "B" Page 3 of 3 mmmmmw go X Cla =3 CD W P - o o CI N Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 0% 0 0 0 0 0 0 0n/a $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO 13E ASSIGNEE) BY C11 Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC P. O. BOX: NJA STREET ADDRESS: 5001 Oakmont FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78413 ? Partnership s. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) )10.1 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 /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 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 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: Felix H. Ocanas Jr., P.E. Title: President (Type or Print) Signature of Cert i 1 } i ng Person: DEFINITIONS Date: 72-/ zj f is -- a. "Board member." A member of any board. commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service. including but not limited to. entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest.'" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust. estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." °`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. g. Corpus Christi Capital Programs Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Council Presentation April 21, 2015 Project Scope .411 Corpus Chr sti Capital Programs NW' Ciry.W de Project PROJECT*: E14034 ➢ Ongoing project to provide minor street pavement improvements to include: Asphalt rehab/repair • Saw cutting • Crack sealing • Seal Coats • Milling • Curb & Gutter replacement ➢ Indefinite Delivery Indefinite Quantity (IDIQ) Construction Contract to Grace Paving ➢ Non-traditional contract method that allows "real-time" implementation of multiple Delivery Orders (Work Orders) based on unit bid prices ➢ Separate award of the Engineering Contract for Delivery Order preparation and Construction Management to ECMS 2 Project Schedule Corp‘40 sti Capital Programs 2015 2016 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Construction Project Estimate: 365 Calendar Days 12 Months Project Budget Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Street Operating Fund FY2014 $ 17,500.00 Street Operating Fund FY2015 2 500 000.00 TOTAL 2 517 500 00 FUNDS REQUIRED: Construction (Grace Paving) 1,880,404.50 Design Fees: Engineer - (ECMS ) 17,500.00 Engineer - (ECMS ) Amendment No. 1 97,440.00 Construction Inspection & Preperation of Delivery Orders (TBD) 28,206.07 Reimbursements 151,050.00 TOTAL $ 2 174 600 57 ESTIMATED PROJECT BUDGET BALANCE $ 342,899.43 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 21, 2015 Action Item for the City Council Meeting of April 28, 2015 DATE: April 10, 2015 TO: 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 J.H. Edmonds, P.E., Director Capital Programs Jeffreye@cctexas.com (361) 826-3851 Interlocal Agreement with Port of Corpus Christi Authority Sam Rankin Street Improvements CAPTION: Motion authorizing the City Manager or designee to execute an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for improvements to Sam Rankin Street from Port Avenue to West Broadway Street. PURPOSE: The purpose of this agenda item is to obtain authority to execute an Interlocal agreement with the PCCA for the purpose of a joint project to upgrade Sam Rankin Street from Port Avenue to West Broadway Street. BACKGROUND AND FINDINGS: Sam Rankin Street provides direct access to the heavy cargo dock used to deploy military forces and supplies at the PCCA. The street is currently in poor condition and is in need of reconstruction. This agreement will provide for a joint project between the City of Corpus Christi (City) and PCCA to improve road conditions for joint use by both parties. This agreement provides for the reconstruction of Sam Rankin Street from Port Avenue to West Broadway Street with a 28 -foot road section, to include curb and gutter, storm water inlets and underground pipes within the project limits. The paved section will be designed and constructed for anticipated future traffic loads and military requirements. The City and the PCCA agree to participate in the funding of the project to include design, construction and maintenance, based on respective pro rata share of the respective lengths of roadway ownership with the City responsible for 60% and the PCCA responsible for 40% of the project costs. The PCCA, at their sole discretion and 100% cost responsibility, reserves the right to increase the width of the roadway section to a 32 -foot wide road section from Port Avenue to Resaca Street in order to access PCCA property located on either side of the Sam Rankin Street Right of Way. The City, at their sole discretion and cost, will determine the need for, and extent of any upgrades to the existing water, wastewater and gas lines located within the limits of construction along the Sam Rankin Street right of way. The total project cost is estimated to be $1,725,383.39, which includes design fees, street and drainage improvements, utility improvements and contingency. The PCCA's estimated cost share of the project is $464,941.64 and the City's estimated cost share is $1,260,441.76. Under the terms of this Agreement, the PCCA will be responsible for entering into contract design, administration and construction of the project and the City will provide oversight inspections, as needed at its own expense. ALTERNATIVES: 1. Authorize the execution of the Interlocal Cooperation Agreement. 2. Do not authorize the execution of the Interlocal Cooperation Agreement (Not Recommended) OTHER CONSIDERATIONS: The City's share of funding for this project is possible through the redemption of unspent Texas Military Value Revolving Loan Fund proceeds. In 2005, the City received a $10,507,390 loan from the Texas Military Value Revolving Loan Fund for two projects which benefitted military facilities located in the City: (1) the expansion and reconstruction of Port Avenue from 1-37 to US 181 and (2) the realignment of Flour Bluff Drive and extension of the Waldron Field Runway. The Port Avenue project was successfully completed and the realignment of Flour Bluff Drive / extension of Waldron Field Runway was not undertaken due to a change in military priorities. Remaining loan funds, in the form of 2007 Certificates of Obligation (CO's) issued to the Texas Public Finance Authority (TPFA) were not callable until 2016, so on November 18, 2014, the City Council approved a plan to issue new Tax Notes in an amount closely resembling the unspent loan proceeds. The TPFA has agreed to an early redemption of the original CO's and to purchase the new Tax Notes. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and statutes governing Intergovernmental Cooperative Agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department Intergovernmental Relations FINANCIAL IMPACT: ❑ Ooeratin ❑ Revenue ❑ Capital ® Not applicable at this Time 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 Comments: RECOMMENDATION: City Staff recommends approval of the Interlocal Cooperation Agreement between the Port of Corpus Christi Authority of Nueces County, Texas and the City of Corpus Christi for reconstruction of Sam Rankin Street from Port Avenue to West Broadway Street. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement Location Map THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI FOR SAM RANKIN STREET UPGRADES THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City"), a municipal corporation and home - rule city of the State of Texas, acting by and through its governing body, the City Council, and the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS ("PCCA"), acting by and through its governing body, the Port Commission. WHEREAS, the Port of Corpus Christi has been designated as one of 22 Strategic Military Seaports in the nation; and WHEREAS, one of the major responsibilities ofa strategic military seaport is to be prepared to make the port and its facilities available within short notice for the deployment of military forces and supplies in support of Department of Defense ("DOD") operations; and WHEREAS, Sam Rankin Street provides access to the heavy cargo dock used to deploy military forces and supplies at the Port of Corpus Christi; and WHEREAS, Sam Rankin Street has been rated in poor condition and is in need of reconstruction to enhance the military value of the Port of Corpus Christi; and WHEREAS, the City and PCCA desire to cost share the funding of the engineering, design, roadway construction and utilities work to facilitate the reconstruction of Sam Rankin Street from Port Avenue to West Broadway Street (the "Project"), and to define the respective maintenance responsibilities for the roadway and utilities as provided in this Agreement; and WHEREAS, the City has been approved for Project funds through the Texas Military Value Revolving Loan Fund; and WHEREAS, this Agreement is made pursuant to Chapter 791, Texas Government Code; NOW, THEREFORE, BE IT AGREED BY THE PORT AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI, TEXAS: 1 SECTION 1. PROJECT SCOPE. Roadway Limits. The PCCA limit of ownership for Sam Rankin is from the south edge of Port Avenue right -of way to the centerline of Brewster Street right of way. The City limit of ownership of Sam Rankin is from the centerline of Brewster Street right of way to West Broadway right of way. See Exhibit A attached hereto. Sam Rankin Street Reconstruction. Sam Rankin Street will be reconstructed from Port Avenue to West Broadway Street with a 28 foot wide road section, to include curb and gutter, storm water drains, and subsurface storm water sewer system connected to existing systems at the project limits. The paved section shall be designed for anticipated traffic loads. Optional Upgrade. PCCA, at PCCA's discretion, reserves the right to increase the width of the roadway section to a 32 foot wide road section from Port Avenue to Resaca Street in order to access PCCA Property located on either side of the Sam Rankin Street Right of Way. Utilities. The City, at City's sole discretion, shall determine the need for, and extent, of upgrades necessary for existing potable water, sanitary sewer, and natural gas utilities located within the limits of construction along the Sam Rankin Street Right of Way. SECTION 2. OBLIGATIONS OF CITY AND PCCA. For and in consideration of the covenants and agreements of the parties set forth herein, City and PCCA agree to participate in the funding of costs, including engineering, construction and maintenance, related to the reconstruction of the roadway, drainage features, and utilities within the Sam Rankin Street Right -of -Way, as described herein, as follows: (a) Total Project Cost. City and PCCA agree to pay their respective pro rata share based on the respective lengths of roadway ownership (40 percent PCCA and 60 percent City). See Exhibit B attached hereto. Total project cost is estimated to be $I,725,383.39, which includes design fees, street and drainage improvements, utility improvements and a contingency fee. The Port shall not be responsible for water, waste water or gas improvements within the project limits. The Port's share of the estimated project costs is $464,941.64. The City's share of the estimated project costs is $1,260,441.76. The parties acknowledge that the above amounts are estimates only, and that the final costs will be determined upon completion of the Project. (b) Roadway and ❑rainaQe Design. City and PCCA agree to pay their respective pro rata share for the engineering services to design the upgraded pavement section for 1 (c) Sam Rankin Street and related drainage improvements. Roadway and drainage design is to be completed by a professional engineering firm mutually acceptable to both parties. PCCA will, at PCCA's sole expense and in coordination with the City, manage the design for the roadway and drainage features. If PCCA chooses to exercise its option to increase the width of the roadway section to 32 feet to service PCCA property along the Sam Rankin Street Right -of -Way, PCCA's percentage of design costs shall increase to 45 percent and the City's share decrease to 55 percent. Utility Designs. City will, at City's sole expense, provide designs for potable water, sanitary sewer, and natural gas utility upgrades determined to be necessary within the construction limits. (d) Payment of Engineering Fees. Upon the receipt and acceptance of mutually acceptable final designs and construction plans and specifications, PCCA will invoice the City for the City's portion of the design costs incurred by PCCA, including the cost for any mutually agreed amendments. City will pay PCCA within 60 days of the receipt of the invoice for design costs. (e) Roadway and Drainage Construction. City and PCCA agree to pay for the construction of roadway and drainage improvements within their respective limits of ownership. If PCCA chooses to exercise its option to increase the width of the roadway section to 32 feet from Port Avenue to Resaca Street, PCCA will pay for roadway and drainage construction costs associated with increasing the road width to 32 feet within the City's Right -of -Way. (I) Utility Construction. City agrees to pay the construction costs for the upgrade of potable water, sanitary sewer, and natural gas utilities within the limits of the Sam Rankin Street construction defined herein. (g) Contract Management. PCCA will be responsible for contract administration during the reconstruction of Sam Rankin Street and related utilities, at its expense. City will provide oversight inspections, as needed, at its expense. (h) Reimbursement of Construction Costs. City agrees to reimburse PCCA for the costs of construction under the construction contract after the City has reviewed the final bids and approved the final construction contract between PCCA and the selected contractor. (i) Construction Payment Dates. PCCA will provide City with monthly payment applications submitted by the construction contractor. Upon City approval of the payment application, within 7 business days after City receives each payment 3 application, PCCA will invoice City for payment of costs incurred. City will pay PCCA within 60 days of the receipt of the invoice for construction costs. (j) Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the PCCA and City as required by Chapter 79, Texas Government Code. (k) Roadway and Drainage Maintenance. After the construction warranty period of one year from the acceptance date has expired, City and PCCA will maintain the roadway and drainage improvements within their respective limits of ownership. (1) (m) Utility Maintenance. After the construction warranty period of one year from the acceptance date has expired, City will maintain potable water, sanitary sewer, and natural gas utilities within the reconstructed Sam Rankin Street Right of Way. Easements. PCCA will grant the City reasonable access to PCCA property or appropriate easements, as upon terms mutually negotiated and agreed by the parties, for the maintenance of utilities on PCCA property within the Sam Rankin Street Right -of -Way. SECTION 3. TERM OF AGREEMENT. Initial Term. This Agreement shall be for an initial term of two years, beginning on the latest date of signature executing this agreement. Beyond the initial term, this Agreement is subject to extension from year to year by either party upon written notice provided to the other party at least sixty (60) days prior to the expiration ofthe initial term or any extension, and agreement of the second party that an extension is warranted and desirable. SECTION 4. CHANGE ORDERS (a) Roadway and Drainage. City and PCCA will be responsible for payment of the cost of change orders for the road work and drainage improvements within their respective limits of roadway ownership, or as defined elsewhere herein. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. (b) Utilites. City will be responsible for payment ofthe cost of change orders related to potable water, sanitary sewer, and natural gas utilities. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. (c) Optional Upgrade. PCCA will be responsible for payment of the cost of change orders related to increasing the width of the roadway section to 32 feet from Port Avenue to Resaca Street. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. 4 SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either PCCA or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. (e) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: Citv PCCA Valerie Gray, P.E. Executive Director Public Works City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 John LaRue Executive Director Port of Corpus Christi Authority P. O. Box 1541 Corpus Christi, Texas 78403 Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver ofthe right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or Reinvestment Zone or any Port Commissioner, officer, agent or employee of District. No Waiver of immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (Signatures are on the next page.) IN WITNESS HEREOF, the City and PCCA have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY 3716 Executive Director Public Works Date Executive Direct V Date ATTEST: City Secretary Date APPROVED AS TO FORM: Assistant City Attorney Date !r 4bp .014 project' 14-018breconstrtction of sant ranknni .citl interlocal agent doc 7 EXHIBIT A — Aerial Map of Project Limits 0 CARGO DOCK 8' HARBOR DR n4.1W ui MYc l PORT AVE BLDG 26 BLDG 27 og1JST01SS' Ti �n Y i+R 1. 4•• 7 i TARY f+Lsposra pja.YI.,.��F.e41. 3X1 Car i LEGEND p - PCCA SECTION (1615 LF) p - CITY SECTION (±1.020 LF) .- 1.:auuaa.Ip i•SIDWIM a,a- PORT OF CORPU5 CFERISTI AUTHORITY PERI COlPIACNN STI --� RECONSTRUCTION OF SAM RANKIN ST. AS NOTED EXHIBIT 'A' EXHIBIT B — Project Costs Port Corpus gxihl Sam Rankin St. N. Part Ave. to W. Broedey SL) Fee Breakdown F ndin, Souse Item Description Stat IPOCC) Mort Stam Water ICDYCC) IPOal Storm Water 10hal Water Wattmeter Oept. Dept. Total A Basic Seniors I 1 Ms in Pt•atc 5 26562.71 S 39,84443 5 9,364.6' $ 14,046.91 $ 22.061.90 5 21,22954 5 133,166.72 2 i c1F1-atr 5 1562-51 $ 2,343.77 $ 553.86 5 826.29 5 1,2977015 1,248.60 3 7,829.92 3 Castruci Ion Press S 3,125.02 $ 4,687.54 5 1,101.72 5 1,652.58 5 16,5233* 5 2.595.405 2497.59 $ 15,659.85 Basic Services Total 5 3I,25O.24 $ 46,67536 5 11,017.11 5 25,954.01 1 5 24975.93 5 156,59149 8 Additional Undoes 1 TapcpraprecWrvay j S 2,807.[0 1 5 2,600.00 Additional Service Total S • 5 2400.00 $ • $ • $ S • 5 2,800.00 Totally 31,250.24 r 49,675.36 $ 11,017.11 $ 665233* 5 25,954.011$ 24975.93 $ 15949149' 1 c FttMWed Construction Cost ksckedi 15%CaHhlmncies 12O15 Dofarsp I 15 3I25O2.38 1 $ 468,75357 5 11017I,84 5 165,257.76 5 259,540.01 1 5 243.759.30 S 1,565,914.90 i 1 1 I 0 Pro)ed Total i 1 1 5 343,752.62 15 51142/93 15 121,11982 5 111,71354 5 215,494.06 1 5 274735.23 1 5 142131339 0 CARGO DOCK 8 PORT AVE. BLDG. 26 BLDG. 27 BREWS -TER ST . �Le '9y ST HARBOR DR. ,oirfil4rilf.KtL9i WNR4blif'r IA. 311. Al/64A 4 DAVE ROO 0:074V* 0.D. 1 INT. PUBLIC OIL DOCKS RNING BASIN 45 ft. dee 800' wide THE CONGRESS PUBLIC CARGO SOLOMON P. INTERNATIO RESACA ST- AL SPRA L YARD ARY I. in Ake a „....efte- NO% , IL'i 300' 600' LEGEND - PCCA SECTION (±615 LF) - CITY SECTION (±1,020 LF) h:\ben vasquez\drawings & exhibits \sam rankin.dwg PORT CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY RECONSTRUCTION OF SAM RAN KI N ST. SCALE: DWN. BY: AS NOTED BEN V EXHIBIT "A" DATE: 2010102/0 TIME: 08:49:24 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: TO: April 6, 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., Interim Director, Environmental and Strategic Initiatives MarkVV@cctexas.com (361) 826-1874 Interlocal Agreement with Texas A&M University Kingsville Choke Canyon Reservoir Region of the Nueces River Basin CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. PURPOSE: The purpose of this agenda item is to obtain authority to execute a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. BACKGROUND AND FINDINGS: Lake Corpus Christi (LCC) and Choke Canyon Reservoir (CCR) System is located within the Nueces River Basin and provides major drinking water supply for the City of Corpus Christi and other South Texas regions. The Nueces River Basin traditionally has complex water management issues related to combined domestic and industrial water supply and demand, prolonged drought conditions, climate - induced water management factors, and coastal freshwater inflow management. In recent years, the booming of unconventional shale oil and gas industry has introduced new challenges to the Nueces River Basin, especially in the CCR area, such as an increase in groundwater pumping. It has increased the complexity of water management in the Nueces River Basin. These challenges make it necessary and important to adopt a solid science -based water resources management approach to proactively manage the complex water system in the Nueces River Basin. This agreement authorizes the Department of Environmental Engineering in cooperation with the Texas A & M University- Kingsville to develop a decision support modeling system for managing the water resources around the CCR region of the Nueces River Basin. This modeling system will provide the following functionalities to the regional decision makers: 1. Simulating and predicting the interaction of ground water and surface water around the CCR region of the Nueces River Basin; 2. Estimating groundwater recharge/ discharge or channel gain/loss under various hydrological and climate conditions; 3. Simulating and predicting the impact of regional groundwater pumping on the channel loss. The final deliverables of this project include a decision support modeling tool for routine water resources management and planning and a final project report. This project is anticipated to complete in May 2017. ALTERNATIVES: 1. Authorize the execution of the agreement. 2. Do not authorize the execution of the agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $31,340.00 $31,340.00 $62,680.00 Encumbered / Expended Amount This Item $30,000.00 $29,697.00 $59,697.00 Future Anticipated Expenditures This Project $1,340.00 $1,643.00 $2,983.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Environmental and Strategic Initiatives Operating Comments: This project requires approximately two years with anticipated completion in May 2017. The agreement will result in the expenditure of an amount not to exceed $59,697. RECOMMENDATION: City Staff recommends approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Interlocal Agreement Resolution Presentation Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PROJECT BUDGET Choke Canyon Reservoir Region of the Nueces River Basin Interlocal Agreement with Texas A&M University Kingsville FUNDS AVAILABLE: Water Operating FY 2015 $31,340.00 Water Operating FY 2016 31,340.00 TOTAL $62,680.00 FUNDS REQUIRED: Texas A&M University Kingsville (THIS ITEM) $59,697.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 895.00 Engineering Services (Project Mgmt) 1,790.00 Miscellaneous 298.00 TOTAL $62,680.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 LOCA M NOT TO SCALE Nueces River Basin - Project Study Area 8 Orange 04. - Grove iiNall � � T moi►_ Cabaniss FI NNoll Corpus Chrls,A Yargif Weber"; Co Airport Interlocal Agreement with Texas A&M University Kingsville CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 TE kSASM KI NGSVILLE TEXAS A&M UNIVERSITY-KINGSVILLE INTERLOCAL CONTRACT/AGREEMENT TAMU — Kingsville Contract Number: 15-0101 This Interlocal Contract Agreement is entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, by Texas A&M University -Kingsville, a member of The Texas A&M University System, an agency of the State of Texas, (hereinafter referred to as UNIVERSITY or TAMUK) and The City of Corpus Christi. (hereinafter referred to as CITY), having its principal place of business at 1201 Leopard St., Corpus Christi, Texas 78401. WITNESSETH that the Contractor and CITY, in consideration of the mutual covenants, promises, and agreements herein contained, agree as follows: I. PURPOSE and SCOPE OF SERVICES The purpose of this Contract is for UNIVERSITY to develop and deliver a Decision Support Modeling System for Modeling the Water Resources around the Choke Canyon Reservoir region of the Nueces River Basin. The scope of work is outlined in the attached Appendix A for the UNIVERSITY to furnish all services and deliverables listed. 2. TERM OF THE CONTRACT: This Contract shall commence on or about June 1, 2015 and shall terminate on May 31, 2017. 3. COMPENSATION AND METHOD OF PAYMENT A. This Contract is for the not -to -exceed sum of 559,697.00 (Fifty Nine Thousand, Six hundred and Ninety Seven dollars). B. Payment will be made upon submittal and approval by the CITY of the UN1VERSITY's Invoice(s). C. The total of all payments made against this contract by the CITY shall not exceed $59,697.00 D. Each party paying for the performance of services under this this Interlocal Contract must make those payments from current revenues available to the paying party. E. The UNIVERSITY shall contribute in-kind services identified on Appendix A 4. CONTRACT DOCUMENTS: The contract documents shall consist of the following (listed in order of precedence) A. This Signed Contract/Agreement B. Scope of Work Appendix A. C. CITY Waiver of Liability Appendix B. 5. GOVERNING LAW AND VENUE TAMUK Ca nutlet 15-0101 Page 1 of8 This Agreement is construed under and in accordance with the laws of the State of Texas, and is performable in Kleberg County, Texas; however, by statute, mandatory venue for all legal proceedings against TAMUK is to be in the county in which the principal office of the governing officer is located. At execution of this Agreement, such county is Kleberg County, Texas. 6. SEVERABILITY If any part of this Agreement shall be held illegal, unenforceable, or in conflict with any law, the validity of the remaining portions shall not be affected hereby. 7. ENTIRE AGREEMENT This document constitutes the sole and entire agreement between CITY and UNIVERSITY. This document supersedes all oral or written previous and contemporary understandings or agreements relating to matters contained herein. This Agreement may not be amended or otherwise altered except by mutual agreement in writing. 8. ASSIGNMENT This Agreement is not assignable without express written agreement of CITY andUNIVERSITY. 9. INDEMNIFICATION Subject to the limitations of applicable law relating to Texas governmental entities, UNIVERSITYagrees to defend, indemnify and hold harmless CITY, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including expenses of litigation, court costs and attorney's fees, which are arising out of, connected with or resulting from any acts or omissions of UNIVERSITY or any agent, employee or representative of UNIVERSITY in the execution or performance of this Agreement or use or occupancy of any CITY property related to the performance of this Agreement. UNIVERSITY shall at is own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 10. FORCE MAJEURE Neither party will be responsible to the other for losses resulting from the failure to perform any terms or provisions of this Agreement, except for payments of monies owed, if the party's failure to perform is attributable to acts of war, riot, strike, civil disorder, or other work stoppage, fire, flood, acts of God, or any other aci not within the TAMUK Contract 15-0101 Page 2 of 8 I I. DISPUTE RESOLUTION PROCESS: 12. STATE CONTRACTING REQUIREMENTS control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. A. To the extent Chapter 2260, Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by CITY and UNIVERSITY in attempts to resolve any claim for breach of contract made by CITY: (i) CITY's claim for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business shall be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, CITY must submit written notice, as required by subchapter B of Chapter 2260, to UNIVERSITY in accordance with the notice provisions in this Agreement. CITY's notice shall specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision allegedly breached, the amount of damages sought by CITY, and the method used to calculate the damages. Compliance by CITY with subchapter B of Chapter 2260 is a required prerequisite to CITY's filing of a contested case proceeding under subchapter C of Chapter 2260. The officer of UNIVERSITY as may be designated from time to time by UNIVERSITY by written notice thereof to CITY in accordance with the notice provisions in this Agreement, shall examine CITY's claim and any counterclaim and negotiate with C in an effort to resolve such claims. (2) If the parties are unable to resolve their disputes under subparagraph (1) of this Section, the contested case process provided in subchapter C of Chapter 2260 is CITY's sole and exclusive process for seeking a remedy for any and all of CITY's claims for breach of this Agreement by UNIVERSITY. (3) Compliance with the contested ease process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. The parties specifically agree (i) neither the execution of this Agreement nor any other conduct, action or inaction of any representative of either party relating to this Agreement constitutes or is intended to constitute a waiver of CITY's or the State of Texas' sovereign immunity to suit, and (ii) neither party has waived its right to seek redress in the courts. B. The submission, processing and resolution of a claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. C. CITY and Contractor agree that any periods set forth in this Agreement for notice and cure of defaults are not waived. CITY certifies that, upon the effective date of this Agreement, either CITY (I) is not delinquent in payment of State of Texas corporate franchise taxes, or (2) is not subject to the payment of such taxes. CITY agrees that any false statement with respect to franchise tax status shall be a material breach, and CITY may terminate this Agreement upon written notice to Contractor. 13. NOTICES Any written notice required by this Agreement shall be mailed first class to the address below: Contractor: Texas A&M University -Kingsville MSC 212 700 University Blvd Kingsville, Texas 78363 TAMtJK Contract 15-0101 Page 3 of 8 Attention: Dr. Rebecca A. Davis (361) 593-3344 Phone (361) 593-3409 Fax E-mail: osr@tamuk.edu CITY: City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Attention: Mark Van Vleck, P.E. Interim Director of Environmental and Strategic Initiatives (36!) 826-1874 Phone (361) 826-3815 Fax E-mail: MarkVV@cctexas.com 14. NON -DISCLOSURE In connection with performing this agreement, CITY may disclose to UNIVERSITY nonpublic confidential information, business information, technical information and/or ideas identified by CITY as proprietary at the time of disclosure ("Proprietary information") a) UNIVERSITY will hold in confidence or disclose any Proprietary Information except information UNIVERSITY can document (a) is in the public domain through no fault of contractor, (b) was properly known to UNIVERSITY, without restriction, prior to disclosure by CITY, or (c) was properly disclosed to UNIVERSITY by another person without restriction, and UNIVERSITY will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. The foregoing does not grant UNIVERSITY a license in or to any of the Proprietary Information. b) If progress on this contract is in any way terminated, UNIVERSITY will promptly return all Proprietary Information and all copies, extracts and other objects or items in which it may be contained or embodied, except that UNIVERSITY may securely retain one copy for record purposes. c) UNIVERSITY will promptly notify CITY of any unauthorized release of Proprietary Information. d) UNIVERSITY understands that this statement does not obligate CITY to disclose any information or negotiate or enter into any agreement or relationship. e) UNIVERSITY acknowledges and agrees that due to the unique nature of the Proprietary Information, any breach of this Article 14 may cause irreparable harm to CITY for which damages are not an adequate remedy and that CITY shall therefore be entitled to seek equitable relief in addition to all other remedies available at law. f) The terms of this Article 14 will remain in effect with respect to any particular Proprietary Information for five years until UNIVERSITY can document that it falls into one of the exceptions stated in Paragraph 1 above, whichever occurs first. If UNIVERSITY is legally required to disclose Proprietary Information, UNIVERSITY shall, to the extent allowed by law, promptly give CITY written notice of the requirement so as to provide CITY a reasonable opportunity to pursue appropriate process to prevent or limit the disclosure. If UNIVERSITY complies with the terms of this Section 14g, disclosure by UNIVERSITY of that portion of the Proprietary Information which UNIVERSITY is legally required to disclose will not constitute a breach of this Contract. UNIVERSITY is not required to pursue any claim, defense, cause of action, or legal process or proceeding on CITY's behalf. g) 15. MISCELLANEOUS a) The parties shall abide by the requirements of applicable regulations which prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit TAMUK Contract 15-010! Page 4of8 discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. b) Either party may terminate this agreement at any time upon 30 days written notice to the other party. c) Continuation of the Agreement beyond the current fiscal year of the City is subject to City's annual budget process, 16. INTELLECTUAL PROPERTY a) "Intellectual Property" means all intellectual property, including without limitation, electronic or otherwise, technical information, know-how, copyrights, patents and trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions and software. b) "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice under this Agreement. c) Title to any Project IP made or conceived solely by UNIVERSITY personnel vests in UNIVERSITY. Title to any Project 113 made or conceived solely by employees of CITY vests in CITY. Title to any Project 1P made or conceived jointly by employees of both UNIVERSITY and CITY ("Joint IP") vests jointly in UNIVERSITY and CITY. For Joint IP, UNIVERSITY and CITY will be independent owners of any corresponding patent rights under 35 USC 262 with no obligation of accounting to one another, in the absence of a written agreement to the contrary. d) To the extent UNIVERSITY has the legal right to do so, UNIVERSITY shall grant to CITY a nonexclusive, royalty -free license to any UNIVERSITY Project IP developed under this Agreement for CITY's internal use only. 17. PUBLICATIONS. UNIVERSITY, as a state institution, engages only in research that is compatible, consistent, and beneficial to its role and mission, Therefore, significant results of research activities must be reasonably available for publication. UNIVERSITY may publish data, information, and results related to the work performed under this Agreement. During the term of this Agreement and for three years after, UNIVERSITY shall submit any such proposed publication to CITY and CITY will have 30 days to review and comment. UNIVERSITY may not include any Proprietary Information without advance approval by CITY. IS. WAIVER. Prior to accessing CITY property, the UNIVERSITY employee and student shall complete a Waiver of Liability shown in Appendix or other form approved by the CITY ATTORNEY. TAMUK Contract 15-0101 Page 5 of Lt In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. CITY OF CORPUS CHRISTI TEXAS A�rl UN�E�1 Ci` CiNGSVILLE:te.4 By: By: Name. Mark Van V1eck, P.E. Name: Dr. Rebecca A. Davis Date: Date: 02' 40V—/S.' Title: Interim Director Title: Executive Director, ORSP TAMUK Convect 15.0101 Page 6 of B APPENDIX A A Decision Support Modeling System for Managing the Water Resources around the Region of Choke Canyon Reservoir of the Nueces River Basin Proposed by Dr. Jainhong Jennifer Ren and Dr. Tusher Sinha Department of Environmental Engineering, Texas A&M University -Kingsville Tel: 361-593-2798, Fax: 361-593-2069, Email: jianhong.ren@tamuk.edu Introduction The Nueces River Basin traditionally has complex water management issues related to combined domestic and industrial water supply and demand, prolonged drought conditions, climate induced water management factors, and coastal freshwater inflow management, In recent years, the basin is also experiencing significant unconventional shale development, especially in the Choke Canyon Reservoir area. In addition to the potential threat caused by illegal oil -field waste dumping as has been reported since 2012, concerns about groundwater over pumping to meet the fracing water supply demand and its impact on the water volume storage in the Lake Corpus Christi (LCC)IChoke Canyon Reservoir (CCR) System have also been raised. Since the LCC/CCR currently supplies drinking water for more than 500,000 people in the South Texas region, it is very important to adopt a solid science -based water resources management approach to proactively manage the complex water system in the Nueces River Basin. Proposed Project The science -based water resources management approach should include timely hydrological, hydrogeological, topographical, climatic, physicochemical, land use/land cover, and biological data coupled with effective decision support modeling tools. With this in mind, this proposed project will focus on developing a decision support modeling system for managing the water resources around the region of Choke Canyon Reservoir of the Nueces River Basin. This modeling system will provide the following functionality to the regional decision makers: 1) The model can simulate/predict the interaction of ground water and surface water around the region of the Choke Canyon Reservoir; 2) It can be used to estimate groundwater recharge/discharge or channel gain/loss under various hydrological conditions which are directly related to climatic conditions such as precipitation, evapotranspiration and surface runoff and land use/land cover conditions; and 3) It can simulate/predict the impact of regional groundwater pumping on the channel Toss. Deliverables The ultimate goal of this project is to enhance the robustness and reduce uncertainty of water resources management in the Nueces River Basin. Final deliverables include: 1) A robust and user friendly decision support modeling tool that can be used in routine water resources management and planning; and 2) A final report describing in detail how the tool was developed and how it can be used. BudEet The itemized budget is provided in the following table. A total of $59,697 is requested from the sponsor and the fund will be used to support 0.1 months of Dr. Ren and Dr. Sinha's time and 1 effort for overseeing the proposed project; one half Ph.D. and one half M.S. student support for conducting the proposed project; expenses needed to travel to field sites and meetings with sponsors and other relevant stakeholders; materials and supplies including software licensing fees, report printing, and additional data collection; and 12% indirect costs. A total of $62,096 is provided by TAMU-K as matching funds to support the proposed project. This includes 0.25 months of Dr. Ren and Dr. Sinha's time and effort for overseeing the proposed project; one half Ph.D. and one halfM.S. student support including student tuition for conducting the proposed project; $2,000 for materials and supplies; and 26% unrecovered indirect costs. Timeline The detailed timeline is provided below. The project will be completed in 2 years. During the project period, quarterly meetings with sponsors will be conducted to report project progress and discuss the specification of the final modeling tool in a timely manner. Tasks Regeusted from Git," ofiCC TAM -><GB t om.... Items Year t Year 2 Total Year t Year 2 Total Senior Personnel 52,649 52,725 ' $5,374 $6,083 56,256 $12,339 Student Support 519,663 519,663 F $39,327 $16,950 516,950 $33,899 Travel to Field Sites and Regional Meetings 51,300 51,300 52,600 $0 50 $0 Materials and Supplies 53,000 53,000 ' $6,000 52,000 $0 52,000 Indirect Costs 12% of Facilities & Administrative Costs $3,194 53,203 56,396 50 50 $0 Unrecovered Indirect Costs 50 $0 50 56,919 $6,939 513,858 Total 529,806 $29,890 P 559,697 $31,952 530,144 562,096 Timeline The detailed timeline is provided below. The project will be completed in 2 years. During the project period, quarterly meetings with sponsors will be conducted to report project progress and discuss the specification of the final modeling tool in a timely manner. Tasks Year 1 Year 2 Q1 Q2jQ3 Q4 QI Q2IQ3IQ4 I: Compile hydrological, hydrogeological, topographical, ctimatic, and land use/land cover data 2: Surface water and groundwater model coupling t 3: Model calibration and validation 4: Model user interface enhancement based on stakeholder's input o 5: Final report preparation 6: Model use demonstration and training s= 2 APPENDIX B REQUEST AND WAIVER OF LIABILITY FORM TO BE EXECUTED BY TAMU-K STUDENT In signing this form, 1 , understand and agree to the following: I am requesting permission to access facilities at the for my participation in an engineering project under supervision of Texas A&M University -Kingsville. I understand that unauthorized access to City property and unauthorized disclosure of City records and data are strictly prohibited. 1 acknowledge that unauthorized access to City property or unauthorized disclosure of City records may subject me to civil and criminal penalties. I fully understand that I am not an employee of the City of Corpus Christi. 1 agree to abide by policies of the City (including but not limited to safety policies) and all applicable statutes and ordinances. I agree to wear safety equipment as directed by City staff and City safety training coordinator. I know and realize that my participation in the engineering project may involve exposure to certain risks, I may also be around in fact make use of certain equipment. If any activity presents risks that 1 do not want to take, it is my responsibility to state that concern and make a decision not to engage in that activity. 1 hereby personally accept and assume all risk and responsibility for any harm, injury, or damage that may befall me while I am on City property. I further agree to indemnify and hold harmless the City of Corpus Christi from any lawsuit by me, or my family, heirs, or assigns, arising because of my presence on City owned property or my participation in the engineering project. I agree to RELEASE AND FOREVER DISCHARGE the City of Corpus Christi and its elected officers, employees, officials, and agents, from any and all claims, suits, liability, demands or causes of action on account of personal injury, death, or property damage, incurred by me or a third party, that may arise from or in connection of my participation in the engineering project or my presence on City property. in executing this document, I am expressly binding myself, my heirs, executors, administrators, and assigns by the terms of this release for any claim or cause of action of any kind that may arise as a result of my work, whether caused by a negligent, grossly negligent, or reckless act of the City of Corpus Christi, or its employees, elected officers, officials, agents, or caused by the use of any tangible personal property or equipment. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read it, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, have been made; and I execute this Release for full, adequate and complete consideration, fully intending to be bound by the same. Signed by: Date: Printed Name: Address: TAMUK Contract 15.0101 Page 8of8 Corpus Chr sti Capital Programs Choke Canyon Reservoir Region of the Nueces River Basin Interlocal Agreement Texas A&M University Kingsville Council Presentation April 21, 2015 Project Sc ope ‘04 Corpus Chr sti Capital Programs ueces River Basin - Project Study Area Project Schedule koN Corpus Chr sti Capital Programs 2015 2016 2017 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Contract Services Contract Terms: 730 Calendar Days 2 Years June 1, 2015 — May 31, 2017 Reimbursements TOTAL Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water Operating FY2015 $31,340.00 Water Operating FY2015 31,340.00 TOTAL $62,680.00 FUNDS REQUIRED: Texas A&M University Kingsville (THIS ITEM) $59,697.00 2,983.00 $62,680.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: 3/25/15 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Resolution approving an Interlocal agreement between the CITY and Tuloso-Midway Independent School District for public infrastructure CAPTION: Resolution authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. PURPOSE: Allow Tuloso-Midway Independent School District (TMISD) to pay its appropriate share of the public infrastructure related to the platting and construction of its new Agricultural Building. BACKGROUND AND FINDINGS: TMISD applied for a plat under the City's Unified Development Code ("UDC)" to build a new building for its student agricultural programs near the district high school. Under the UDC, in order for the plat to be approved, TMISD must comply with the city master plans and other plans, including the master transportation plan, which contains a future extension of Warrior Street along the west property line of the proposed Subdivision called Tuloso Midway High School Agricultural Complex, Block 1, Lot 1, the property being platted. TMISD may spend the public school funds of the District only as provided in Texas Education Code 45.105 for purposes necessary in the conduct of the public schools, and District has expressed concerns about the necessity of the street or of transferring cash at this time under 8.1.13 of the UDC regarding future half streets. The City wishes to facilitate the approval of the plat and construction of the needed facility and is willing to accept an agreement for future funding of the District's portion of the street as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur, due to the nature of the District's status as a fellow public entity reporting to the local taxpayers. ALTERNATIVES: Denial of the Interlocal Agreement OTHER CONSIDERATIONS: Per Section 8.1.10.b defer street with financial security CONFORMITY TO CITY POLICY: TMISD will build the street in accordance with the City's Street Master Plan, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance OMB FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Fund 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: Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Resolution Authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute the attached Interlocal Cooperation Agreement for Plat of Agricultural Building between the City of Corpus Christi and the Tuloso-Midway Independent School District ("the District"), which is necessary to resolve the future funding of streets on the City's Street Master Plan by the District as proposed by the District where it would promise to pay its appropriate share of the public infrastructure related to the platting and construction of its new Agricultural Building once actual construction commences due to development of adjacent property, due to the concern over state law funding issues with public school expenses. Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT FOR PLAT OF AGRICULTURAL BUILDING This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the Tuloso-Midway Independent School District ("District") acting by and through its governing body, the Board of Trustees. RECITALS WHEREAS, District has applied for a plat under the City's Unified Development Code ("UDC") to build a new building for its student agricultural programs near the district high school; WHEREAS, under the UDC, in order for the plat to be approved, the District must comply with city master plans and other plans, including the master transportation plan, which contains a future extension of Warrior Street along the west property line of the proposed Subdivision called Tuloso Midway High School Agricultural Complex, Block 1, Lot 1, the property being platted; WHEREAS, District may spend the public school funds of the District only as provided in Texas Education Code §45.105 for purposes necessary in the conduct of the public schools, and District has expressed concerns about the necessity of building the street or of transferring cash at this time under 8.1.13 of the UDC regarding future half streets; WHEREAS, City wishes to facilitate the approval of the plat and construction of the needed facility and is willing to accept an agreement for future funding of the District's portion of the s eet as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur, due to the nature of the District's status as a fellow public entity reporting to the local taxpayers; NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to facilitate the future payment of funds from District for its portion of the cost of the half street needed to comply with the City's master transportation plan as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur. SECTION 2. CITY COVENANTS a) City will process the District's plat application promptly and work cooperatively with District and District's representatives in this process. b) City will present the Final Plat to the Planning Commission for Approval. c) City will perform ministerial actions necessary to record the plat and related documentation. d) City will expeditiously review District submittals to facilitate issuance of a building permit for the District's agricultural building project. SECTION 3. DISTRICT COVENANTS a) District will comply with City assessments for public street improvements as required by Texas law, City Ordinance and the UDC as provided in 3(b) below. b) In lieu of building the partial street or funding immediately a share of the cost for the future half street to be located adjacent to the agricultural building property, District promises to pay to City at the time of construction of the public half -street improvement the correct amount of District's share of the cost for the half -street as required by Texas law, the City's UDC and City Ordinance, and within 60 days of notification from the City of actual development of adjacent property and construction of the public street improvement . c) District will dedicate required right-of-way on plat per the Future Transportation Map for future road. SECTION 4. FUNDS AND PAYMENT. Each Party which performs services under this Agreement shall do so with funds available from its current revenues. SECTION 5. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. Page 2 of 5 SECTION 6. EVEVIUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, official, or other immunity, defense, or other protection afforded under state and federal law to any Party or its officers, employees, representatives, and agents. SECTION 7. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties. SECTION 8. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the District authorizes the Superintendent to execute subsequent amendments, limited to non -substantive modifications that do not require the appropriation of funds, without further approval from the governing bodies. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: City of Corpus Christi Attn: City Manager Post Office Box 9277 Corpus Christi, Texas 78469-9277 SECTION 10. ENTIRE AGREEMENT. District: Tuloso-Midway Independent School District Attn: Superintendent of Schools 9760 La Branch Street Corpus Christi, Texas 78410 This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the (imitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. Page 3 of 5 SECTION 11. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or District in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION 12. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. As so modified, this Agreement continues in full force and effect. SECTION 13. LAWS AND VENUE. City and District shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION 14. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION 15. NON -ASSIGNMENT. District shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However, this Agreement is binding upon the parties to this Agreement and their respective successors in office. Page 4 of 5 SECTION 16. WARRANTY. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. CITY OF CORPUS CHRISTI TULOSO MIDWAY INDEPENDENT SCHOOL DISTRICT (Date) City Manager/Designee A'1"1'EST: Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) City A rney's Office Paul ostella (Date) President, School Board of Trustees Dr. Sue Nelson (Date Superintendent Page 5 of 5 STATE OF TEXAS NOTES COUNTY OF NUECES ALL SUR, NG WAS PERFORMED ID COV ND DEVELOPMEN LLC, FROM GPS OBSERVA ONS. H S TS THE CONDITIONS THAT EXISTED AT THE TIME OF THE SURVEY CONDUCTED WE, TULOSO MIDWAY PENDENT SCHOOL DISTRICT,EHEREBY C H 'NE '6' REPRESENTS LANDS EMBRACED WITHIN THE BOUNDARIES EO THE FOREGOING PIAT, THAT SE HAVE HAD SAID UNE 2 ENT OF THE UNIFIED DEVELOPMENT COEPND IS SURVEYED AND SUBDIVIDED AS SHOWN RE SUBJECT ECHANGEE AS THE DEPICTED MAY ACHANGE, DEDICATED TO THE PUBLIC USE FOREVER AND THAT THIS PLAT IS MADE FOR THE PURPOSE OF REM TI $TORN WATER RUNOFF FROM THI5 PROPERTY 15 THE 050 CREEK, THE DESCRIPTION AND DED CA ON. TCEO HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK. BUT IS IT RECOGNIZED AS ENVIRONMENTALLYAN THE OSO BAY. THE THIS THE DAY OF 2015 TCEOHAS CLASSIFIED THE SAQUATIC E LIFE HUSE SFOR CREEK OSOWBAY ASC"EXCEPTIONAL" AND "OYSTER WATERS- AND CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE, DR. SUE NELSON, SUPERINTENDENT STATE OF TEXAS COUNTY OF NUECE5 BEFORE ME TUE UNDERSIGNED AUTHORITY, ON TUG DAY PERSONALLY APPEARED DR. SUE NELSON. KNOWN 70 ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT OF WRITING AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN TUE CAPACITY THEREIN GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 2015 NOTARY PUBLIC STATE OF TEXAS COUNTY OF NUECES 4. THIS PROPERTY LIES WITHIN FLOOD ZONE C. 5 THIS PROPERTY IS ZONED RS- 6 6, THE TOTAL PLATED AREA CONTAINS 15.00 ACRES OF LAND INCLUDING STREET DEDICATION. 7. OWNER: TLILOSO MIDWAY INDEPENDENT SCHOOL DISTRICT. b THIS SITE IS UNDER THE APPROACH TO THE CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY AND WILL RE SUBJECT TO AIRCRAFT OVERFLIGHT AND NOISE. 9. BEARINGS SHOWN ARE RECORD BEARINGS. LEGEND 0 FOU D 5/0" IRON ROD • SET 5/e" IRON ROD I. GEORGE RUBALCABA. A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS. HEREBY STATE THAT ,E FOREGOING MAP WAS PREPARED FROM SURVEYS MADE 9N THE GROUND UNDER ON AND IS TRUE AND CORRECT, THAT I HAVE BEEN ENGAGED UNDER CONTRACT TO SET ALL LOT AND BLOCK GARNERS AS SHOWN HEREON AND TO COMPLETE SUCH OPERATIONS WITHOUT DELAY, THIS THE DAY OF 2015 GEORGE RUBALCABA RPLS #4229. LSLS STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI. TEXAS BY THE PL,,,NNINC COMMISSION. THIS THE DAY OF 2015 DANIEL M. IMSBO, P.E.. A.I.CP. PHILLIP J. RAMIREZ, AI.A, LEER AP. CHAIRMAN SECRETARY STATE OF TEXAS COUNTY OF NUECES IS FINAL PUT OF THE ryE O E HEREINDESCRIBED PROPERTY WAS APPROVED BY THE DFA THIS THE DAY OF 2015 TEMPLE T. WILLIAMSON, P.E. DEVELOPMENT SERVICES ENGINEER STATE OF TEXAS COUNTY OF NUECES 30 LOT 84 35' STREET DEDICATION o -'6EATY, SEALE & FORWOOD SURVEY N0. 417 ABSTRACT 571 VEN DRIVE McKINZIE ROAD LOCATION PLAN SCALE: NT TLILOSO MIDWAY ISD LOT 1A, BLOCK MORGAN SCHOOL TRACT VOL AGE SE 319 30^ DRAINAGE929,P&C. 4ROAD EASEMENT �CT-LOT 61 KO 4 I � � DKEDICAiION I. WAUTHENTICATION KARA SANDS. CLERK OF THE COUNTY COURT IN AND FOR THE COUNTY.DO HEREBY CERTIFY THAT THEFOREGOING FILE RECORDFOR DULYRECORDED MY TOFFICE HETHE DAY OF 2015 AT DAY OF 2015 AT O'CLOCK O'CLOCK MIN SAID COUNTY IN VOLUME PAGE . MAP RECORDS WITNESS MY HAND AND SEAL OF THE COLIN, COURT, IN AND FOR SAID COUNTY, AT OFFICE IN CORPUS CHRISTI, TEXAS, THE DAY AND YEAR WRITTEN N0. KARA SANDS. COUNTY CLERK NUECES COUNTY. TEXAS AT OCLOCK M. BY DEPUTY RI EAST DRAINAGE EASEMENT CLVOL52207. PG. 4778 HAVEN DRIVE (70 R.O.W.) 20 STREET --- DEDICATION -30' DRAINAGE AND ROAD EASEMENT COUNTYANNIE BLAKE MORGAN HEAD TO T TEXAS VOL929. PG. 143, D.RANEC OF 15.00 ACRES LOT 1, BLOCK 1 APPROX LOCATION OF LIIIME CLERK SFILE&REN 4414NOMPANv 754CVOL 711 PG 1 LOT 61 5' EASEMENT SOUTHWESTERN BELL TELEPHONE COMPANY CLERK20 L EPGo73179314. D RLN19 LOT 60 VOL 3, PG 41 2015 Li: NO2'08'35"E 100.13' L2: N00'43'09"W 85.02' C1: p=89'54'42" R=15.00' 110 CH-N44'14'12"E SCALE: 1-9 IOC ADAMS, BEATY & MOULTON SURVEY X ABSTRACT 554 LOT 61 PLAT OF TULOSO MIDWAY HIGH SCHOOL AGRICULTURAL COMPLEX LOT 1, BLOCK 1 OF RECORD IN VOLUPE PACE 91 OF THE .P RECORDS OF PPECES COPT. TEXAS ALSO HMO POPTION OFFICIAL PEP.. OF COLTITP. T.A5 ER TRACT IVE FREM PNARCEL ONE (1) DOC. No. 2008044426 OUT OF ADAMS. EAT q& MOULTON SURVEY A- 554, NUECES COUNTY, TEXAS EIDI�tcAv®v CITY / TULOSO-MIDWAY ISD INTERLOCAL AGREEMENT AERIAL LOCATION MAP AGENDA MEMORANDUM City Council Meeting of April 21, 2015 DATE: April 7, 2015 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Water Rate — Adjustments and Unit Costs STAFF PRESENTER(S): Name 1. Gustavo Gonzalez 2. Mark Van Vleck 3. OUTSIDE PRESENTER(S): Title/Position Department ACM Public Works & Utilities Executive Director Utilities Name Title/Position Organization 1. 2. 3. BACKGROUND: During the budget process last Fiscal Year, there was concern about the raising of the Utility Rates. The Members of the City Council asked that we review the methodology for setting the rates. This is the Fourth in a series of presentations that will be delivered to facilitate that review. This presentation addresses the Adjustments and begins the review of Unit Costs calculations. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Rate — Adjustments and Unit Costs Water Rate —Adjustments Council Presentation April 21, 2015 Current Rate Projection Average Monthly Bill $70.00 $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 5 - Average Water Bill (6,000 gal/month) Actual Projected 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034 Fiscal Year 2 Discover, Discuss, Decide Rate Review Schedule Date March 10, 2015 Projected Rate Water System Components Utility Bill Breakdown Costs—Operation and Maintenance (O&M) March 24, 2015 Costs - Current and Future Debt March 31, 2015 April 21, 2015 Consumption Trends Customer Trends Inclined Block Rate Adjustments Rate Calculations April 28, 2015 Rate Calculations May 12, 2014 Additional Week of Discovery May 19, 2015 Alternatives Evaluated May 26, 2015 Additional Alternatives Evaluated 1 June 9, 2015 Additional Alternatives Evaluated 2 June 16, 2015 First Reading Proposed Rate June 23, 2015 Adoption of New Rate Calculation for Unit Cost Cost 1111 Adjustments Volume Unit Cost • 1 1 5 Raw Water System Choke Canyon Beeville Mathis Alice Three Rivers Lake Corpus Christi 44,,,e, Koch Robstown Celanese _F Water Source Raw Water Customers Treated Water Customers Raw Water Pipeline (MRP) Water System Components Violet WSC STWA O.N. STEVENS WTP Mary Rhodes Pipeline Phase I San Pa) Mary Rhodes Pipeline Phase 11 The City of Corpus Christi .ort Aransas Water System Components Raw Water Customers aw Water Sources MA Treatment Plant Three Rivers Beeville Mathis Alice nosh/Flint Hills Robstown Celanese San Patricio Legend eta Pump Station Elevated Storage Tank Residents ▪ Transmission Main • Distribution Main Treated Water Customers Texas .3.1 University corpus chrissi San Patricio Violet Water Supply Corporation South Texas water AuthO Port Aransas 11. NAS. Utility Bill Breakdown Raw Water Treatment Inside City Limits Residential and Commercial • • Outside City Limits Residential and Commercial • • Industrial customers • • Port Aransas & Violet Water Supply Corporation • • San Patricio Municipal Water District South Texas Water Authority Raw Water Customers • • • Transmission Distribution Stormwater • • • • • • • Adjustments Adjustments s 0 $95 $90 $35 530 $25 2014 2015 r � 1 Raw Water Treatment Plant Transmission Lines Distribution Lines Storm Water 9 Choke Canyon Reserve • Note had an escalating debt service schedule with low payments in the first several years. • In 1987, "Reserved for Choke Canyon" account was established to levelize the payments. • In the initial years of the note, payments of $3,245,000, which were greater than the actual debt service payment were made, with the excess going into the reserve fund. • Now that actual debt service payments are higher, the annuity is used to maintain the level payments. • Credit for the reserve draw -downs is only applied to the raw water cost adjustment for ratepayers (Treated water customers). • The balance in the reserve account should be depleted by 2044 — when the last debt service payment is made. True -ups • Any over -recovery will be carried over as a credit • Any under -recovery will be carried over as debit • For 2015, — Raw Water • Over -recovery carried over as credit = $1,349,858 — Treatment • Over -recovery carried over as credit = $1,634,052 Water Losses • Water Losses — System losses (Volume Adjustment) Water Loss Table % Loss Diversion & Pre -Sed 0.50% Treatment 3.36% Network 0.68% Distribution 4.72% Total 9.26% — City Use • 161 Million Gallons/Year • Applied to Distribution System Minimum (ICL) • Residential — Based on Meter Size includes first 2,000 Gallons — Normally, 5/8" or 3/4" Meter- $9.33 or $4.67/1000 Gallons — Cost to Deliver = $6.67/1000 Gallons • Commercial — Based on Meter Size includes first 2,000 Gallons — Normally, 5/8" or 3/4" Meter- $13.47 or $6.74/1000 Gallons — Cost to Deliver = $6.67/1000 Gallons • Large Volume — Based on Meter Size plus first 10,000,000 Gallons — Normally, 8" or larger Meter - $673.69 +$17,510.00 or $1.85/1000 Gallons — Cost to Deliver = $4.62/1000 Gallons Non -Operating Revenue • Non -volume based revenue — Property Rentals — Taps — Services provided to Wastewater and Storm Water Funds • Administrative Services Other • Funds from Storm Water Fund Balance - FY 15 = $8,600,000 Debt Coverage • Test — May or may not require additional Revenue • Existing Scenarios — Treated as O&M — 1.50 — 1.15 Water Supply Development Reserve — Established by City Ordinance in fiscal year 2010-2011 — To establish and maintain a future water resources reserve fund — Ultimate target balance of $30,000,000 — Annual contribution of approximately $2,000,000 per fiscal year. — $0.05/1000 gallons charged as part of the raw water cost adjustment — Paid by all customers and the composite cost paid by certain contract customers. Calculation for Unit Cost Cost 1111 Adjustments Volume Unit Cost • 1 1 18 Raw Water Inputs • Costs — Operation & Maintenance = $24,376,860 — Debt Service = $16,513,289 • Adjustments — Rentals = $275,000 — Minimums = $13,803 — True -up = $1,349,858 — Choke Canyon Reserve Fund = $1,274,163 — Debt Coverage = $0.00 • Volume — 37.2 Billion Gallons • Water Supply Development Fee — $0.05/1000 Gallons Unit Cost for Rate Payer (Cost —Adjustments Volume Cost $40,890,149 Adjustments $2,912,824 Volume 37,192, 000 Unit Cost $1.02 + .05 = 1.07 Questions?