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Agenda Packet City Council - 06/16/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 16, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Darryl Hurt, Immanuel Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Dan Grimsbo, Director of Development Services. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 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 6/15/2015 City Council Meeting Agenda - Final June 16, 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 1 - 5) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 1. 15-0630 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal requirements of the Texas Local Government Code and other Texas laws regarding annexation and regulation of entities in the extraterritorial jurisdiction, including Texas Local Gov't Code 43.001, et.seq., 30 Texas Administrative Code 291.14, and Texas Local Gov't Code Chapter 212. 2. 15-0631 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the Texas Local Government Records Retention Act, the Texas Open Meetings Act, and the Texas Public Information Act. 3. 15-0632 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters Corpus Christi Page 2 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 related to related to payday lending regulations, including CSAT, et al vs. City of Dallas, TitleMax, et al vs. City of Austin, CSAT, et al vs. City of Denton, ACE Cash, et al vs. City of Denton, and CSAT vs. City of San Antonio. 4. 15-0472 Executive session pursuant to Section 551.074 of the Texas Government Code, to deliberate the evaluation of the City Auditor, with possible discussion and action in open session. 5. 15-0614 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association. I. MINUTES: 6. 15-0611 Regular Meeting of June 9, 2015 and Council Retreat of February 3, 2015. Attachments: Minutes - June 9, 2015 Minutes - February 3, 2015 2015 Council Retreat Summary J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 7 - 24) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 7. 15-0434 Purchase of Taser Equipment for the Police Department Motion approving the purchase of forty (40) Taser non -lethal weapons with ancillary equipment for the Corpus Christi Police Department in the amount of $60,736.40 from TASER International, Inc., Scottsdale, Arizona based on sole source. Funds have been budgeted by the Police Corpus Christi Page 3 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Department in FY 2014-2015. Attachments: Agenda Memo - Taser Price Sheet - Tasers 8. 15-0316 Purchase of Breathing Apparatus for the Fire Department Motion approving the purchase of twenty (20) Breathing Apparatus for the Corpus Christi Fire Department in the amount of $103,836.00 from Municipal Emergency Services, Inc., Houston, TX. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the General Fund. Attachments: Agenda Memo - Breathing Apparatus Price Sheet - Breathing Apparatus 9. 15-0542 Purchase of actuators for raw water valves at the 0. N. Stevens Water Filtration Plant Motion approving the purchase of four actuators from Rexa, Inc., of West Bridgewater, Massachusetts based on sole source for a total amount of $142,400.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. Attachments: Agenda Memo - Actuators.pdf Price Sheet - Actuators.pdf 10. 15-0463 Supply Agreement for Firefighting Clothing Motion approving a supply agreement with Casco Industries Inc., Houston, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Event No. 6 for an estimated annual expenditure of $159,915.60 of which $53,305.20 is required for the remainder of FY2014 - 2015. The term of the agreement will be for twelve (12) months with an option to extend for up to two (2) additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2014-2015. Attachments: Agenda Memo - Firefighter Clothing Bid Tabulation - Firefighting Clothing 11. 15-0497 Supply Agreement for Cold Laid Asphalt & Pre -coated Aggregate Motion approving a supply agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 8,000 tons of cold mix -cold laid asphalt and approximately 2,000 tons of pre -coated aggregate, in accordance with Bid Event No. 16 based on only bid for an Corpus Christi Page 4 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 estimated annual expenditure of $695,900 of which $231,966.66 is required for FY 2014 - 2015. The term of the contract will be for twelve (12) months with an option to extend for up to two (2) additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 - 2015. Attachments: Agenda Memo - Cold Mix Asphalt Bid Tabulation - Cold Mix Asphalt 12. 15-0525 Supply Agreement for Hot Mix Asphalt Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on lowest responsible bid, awarding primary and secondary agreements, in accordance with Bid Event No. 5 for an estimated semi-annual expenditure of $989,085 of which $659,390 is required for FY 2014-2015. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2014-2015. HAC MATERIALS, LTD. Corpus Christi, Texas $936,937.50 Primary Supplier Bay, LTD. Corpus Christi, Texas $52,147.50 Secondary Supplier Grand Total: $989,085.00 Attachments: Agenda Memo - Hot Mix Asphalt Bid Tabulation - Hot Mix Asphalt 13. 15-0527 Supply Agreement for Crushed Limestone Motion approving a Supply Agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 16,000 tons of crushed limestone in accordance with Bid Event No. 15 based on low responsible bid, for an estimated annual expenditure of $348,000 of which $100,000 is required for FY 2014 - 2015.The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 - 2015. Attachments: Agenda Memo - Supply Agreement for Crushed Limestone Bid Tabulation - Supply Agreement for Crushed Limestone 14. 15-0506 Service Agreements for Custodial Services Corpus Christi Page 5 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Motion approving service agreements for custodial services for Aviation and City Hall with the following companies for the following amounts in accordance with Bid Event No. 29, based on lowest responsible bid for an estimated annual expenditure of $251,039.04, of which $83,679.68 is required for the remainder of FY 2014-2015. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by Aviation and Facilities & Property Management Departments in FY 2014-2015. ABM Janitorial Services Corpus Christi, TX Aviation $141,119.04 Grand Total $251,039.04 ISS Facility Services, Inc. Corpus Christi, TX City Hall $109,920.00 Attachments: Agenda Memo - Custodial Services Bid Tabulation - Custodial Services.pdf Service Agreement - Custodial Services - 1 ABM Aviation Service Agreement - Custodial Services ISS Facility Services Inc. -City Hall 15. 15-0565 Submission of grant application for Body -worn Camera Pilot Implementation Program for the Police Department Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. Attachments: Agenda Memo - Body Cams Application for DOJ Grant 06.09.2015 Resolution - Body Cams Application for DOJ Grant 2015 16. 15-0483 Amendment No. 1 to the Professional Services Contract to provide consultant services for technical assistance with projects and management Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services contract between the City of Corpus Christi and LNV, Inc. in the amount of $215,000, for a total restated fee not to exceed $265,000, for staff augmentation to the Utility and Public Works Departments, including professional Corpus Christi Page 6 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 engineering services for projects management, programs management, and land development technical issues. Attachments: Agenda Memo - Utilities Dept Staff Augmentation.pdf Prosect Budget - Utilities Dept Staff Augmentation.pdf Amendment No. 1 - Utilities Dept Staff Augmentation.pdf Presentation - Utilities Dept Staff Augmentation.pdf 17. 15-0503 Interlocal Agreement for the Regional Parkway Planning and Environmental Linkages (PEL) Feasibility Study project Resolution authorizing the City Manager, or designee, to execute all documents necessary to approve an Interlocal Agreement with the Metropolitan Planning Organization (MPO) regarding the participation in the local funding shares required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("PROJECT"). Attachments: Agenda Memo - MPO Regional Parkway Project Budget - MPO Regional Parkway Interlocal - Regional Parkway Study Interlocal MPO -revisions delivered Resolution - MPO Regional Parkway Presentation - MPO Regional Pkway Study 18. 15-0484 Design - Build Agreement for Ayers Street CNG Station Motion authorizing the City Manager, or designee, to execute a Design - Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3 Attachments: Agenda Memo - Ayers Street CNG Project Budget - Ayers Street CNG.pdf Location Map - Ayers Street CNG Station.pdf Presentation - Ayers Street CNG Station 19. 15-0498 Resolution amending City Council Policy No. 9 Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. Corpus Christi Page 7 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Attachments: Agenda Memo - City Council Policy No. 9 Resolution Amendment Resolution - amending Council Policy No 9 20. 15-0492 Second Reading Ordinance - Rezoning property located at 7321 South Staples Street (FM 2444)(Tabled on 5/26/15)(1st Reading 6/9/15) Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District (Requires 3/4 vote for approval). Planning Commission Recommendation (March 25, 2015): Denial of the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN -1" Neighborhood Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Doxa Enterprises, LP Ordinance - CN -1 - Doxa Enterprises, LP Ordinance Doxa CG -2 (Requires 3/4 vote for Approval) Zoning Report - Doxa Enterprises LP Aerial Map - Doxa Enterprises LP 21. 15-0562 Second Reading Ordinance - Engineering Construction Contract for Waldron Road from Caribbean to Glenoak (BOND 2014)(1st Reading 6/9/15) Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton, Texas, in the interest of the public; determining the lowest responsible bidder to be Corpus Christi Page 8 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Gelnoak Drive Project (BOND 2014). Attachments: Agenda Memo - Waldron Road Final Ordinance - Waldron Road Project Budget - Waldron Locatio Map - Waldron Road Presentation - Waldron Road 22. 15-0528 Second Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for construction of a wastewater collection line located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive (1st Reading 6/9/15) Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC. ("Developer"), for the construction of a wastewater collection line and appropriating $153,270.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Grange Park Unit 1 Ordinance - Grange Park Unit1 Aerial Map - Grange Park Unit 1 23. 15-0529 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 Slough Road, east of Rodd Field Road and south of Amethyst Drive. (1st Reading 6/9/15) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $16,574.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Grange Park Unit 1 Water Ordinance - Grange Park Unit 1 Water Location Map - Grange Park Unit 1 Water 24. 15-0522 Second Reading Ordinance - Amending City Code regarding Island Corpus Christi Page 9 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Strategic Action Committee Election of Officers (1st Reading 6/9/15) Ordinance Amending City Code of Ordinances Regarding Island Strategic Action Committee Election of Officers Attachments: Agenda Memo - ISAC Ordinance Amendment Redline Ordinance - Amending ISAC Ordinance M. PUBLIC HEARINGS: (ITEMS 25 - 28) 25. 15-0438 Public Hearing and First Reading Ordinance - Rezoning property located at 10113 Up River Road (Tabled on 5/19/15) Case No. 0415-05 AAF -Vantage at Corpus Christi.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property is described as being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. Planning Commission and Staff Recommendation (April 22, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by AAF -Vantage at Corpus Christi, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - AAF -Vantage GKW traffic report - Vantage at Corpus (1) Memo - AFF Apartments Public Meeting 04June15 (2) Memo - Rezoning Case Vantage of CC Traffic Assesment Study Ordinance - AAF -Vantage Zoning Report - AAF -Vantage Aerial Map - AAF -Vantage Corpus Christi Page 10 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 26. 15-0579 Public Hearing and First Reading Ordinance - Rezoning property located at 3602, 3606, 3610, and 3614 Laguna Shores Road Case No. 0515-03 Kapavik Builders, Inc: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1, 2, 17 and 18, Block 10, Laguna Vista Shores, located along the west side of Laguna Shores Road between Courtland Drive and Riviera Drive. Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Kapavik Builders, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1, 2, 17 and 18, Block 10, Laguna Vista Shores, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Kapavik Builders, Inc Ordinance - Kapavik Builders, Inc. Aerial/Location Map- Kapavik Builders, Inc Zoning Report - Kapavik Builders, Inc 27. 15-0580 Public Hearing and First Reading Ordinance - Rezoning property located at 14, 15, 16, and 17 Country Club Place Case No. 0515-04 Magellan Terminals Holdings, L.P.: A change of zoning from the "RS -6" Single -Family 6 District to the "ON" Office District, resulting in a change to the Future Land Use Plan from low density residential uses to professional office uses. The property is described as Lots 14, 15, 16, and 17, Country Club Place, located on the north side of Interstate Highway 37 Access Road, south of Tribble Lane and west of Poth Lane. Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to "ON" Office District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Magellan Terminals Holdings, L.P. ("Owner"), by Corpus Christi Page 11 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 changing the UDC Zoning Map in reference to Lots 14, 15, 16, and 17, Country Club Place, from the "RS -6" Single -Family 6 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Magellan Terminals Holdings LP Ordinance - Magellan Terminals Holdings, L.P. Aerial/Location Map - Magellan Terminals Holdings L.P Zoning Report - Magellan Terminals Holdings, L.P. 28. 15-0581 Public Hearing and First Reading Ordinance - Rezoning property located at 309, 311 and 341 South Shoreline Boulevard Case No. 0515-05 Bayfront Medical Plaza, L.P.: A change of zoning from the "CR -1" Resort Commercial to the "Cl" Intensive Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, located along the west side of Shoreline Boulevard between Kinney Street and Born Street. Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Bayfront Medical Plaza, L.P. ("Owner"), by changing the UDC Zoning Map in reference to a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Bayfront Medical Plaza, L.P. Ordinance - Bayfront Medical Plaza, L.P. Aerial/Location Map -Bayfront Medical Plaza, L.P Zoning Report - Bayfront Medical Plaza, L.P Corpus Christi Page 12 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 N. REGULAR AGENDA: (ITEMS 29 - 31) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 29. 15-0599 Third Party Administrator, Stop Loss Insurance and Self -Insured Employee Health Benefits Resolution authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41. Attachments: Agenda Memo - TPA Stop Loss Insurance.docx Resolution - TPA Stop Loss Presentation Matrix (2).pptx 30. 15-0349 Second Reading Ordinance - Adopting the Corpus Christi Property Maintenance Code (CCPMC) and approving licensing agreement with the International Code Council (1st Reading 4/14/15) (Tabled 4/21/15) 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 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. Corpus Christi Page 13 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Attachments: Agenda Memo - Corpus Christi Property Maintenance Code 4-2-15 Ordinance - Adopting CC Fogerty Maintenance Code - 2015 Floor Amendments to CCPMC - for Council Adoption 6-16-15 Code Comparison - CCPMC Existing Code.Rvsd Agreement - Corpus Christi IPMC signed by MJ DMD Letter of Support for CCPMC 31. 15-0214 Second Reading Ordinance - Amending City Code to add Chapter 41 titled "Public Works" related to contractor debarment, and ineligibility (Tabled on 5/12/15)(1st Reading 6/9/15) Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. Attachments: Agenda Memo - Revised v2 6-3-15 at 7pm Debarment Ordinance Ordinance - amending Code to add CH 41 Public Works including Article IV - DE Debarment Flowchart - FINAL REV Procedure - Debarment for posting rev'd after 1st reading on 6-9-15 Revised - Debarment FAQs 6-4-15 O. FIRST READING ORDINANCES: (ITEMS 32 - 35) 32. 15-0575 First Reading Ordinance - Appropriating funds for the Summer Food Service Program Ordinance appropriating a $150,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen. Attachments: Agenda Memo - Summer Food Program 2015 Ordinance - Summer Food Program 2015 Program Grant Approval - Summer Food Program Attachment - 2015 SFP flyer with locations 33. 15-0466 First Reading Ordinance - Amending the Budget for the 1115 Waiver Program Ordinance amending the FY2014-2015 operating budget adopted by Ordinance No. 030294 by reducing revenues and expenditures by $1,291,492 for the 1115 Waiver Program in the General Fund No. 1020; and any remaining excess funds will be placed in a Special Revenue Corpus Christi Page 14 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 account created for the 1115 Waiver in FY 2015-2016. Attachments: Agenda Memo - 1115 Waiver ordinance FY15.docx Ordinance - 1115 Waiver FY15.docx 34. 15-0540 First Reading Ordinance - Appropriating Funds to Cover Cost for Early Completion of Area Development Plan Ordinance appropriating a total of $293,472 from the unreserved fund balance in the No. 1020 General Fund for costs related to early completion of the Downtown Area Development Plan, which is currently ahead of original schedule; and changing the FY 2014-2015 operating budget adopted by Ordinance No. 030294 by increasing expenditures by $293,472. Attachments: Agenda Memo Appropriating Funds Comprehensive Plan Ordinance - Area Development Plans Presentation - CompPlan Contract Costs 35. 15-0637 First Reading Ordinance - Appropriating funds for six (6) hybrid sedans and one (1) light and air truck for the Fire Department Ordinance appropriating $507,190 from the unreserved fund balance in the No. 1020 General Fund for the purchase of six Ford Fusion hybrid sedans and one light and air truck; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $507,190; approving the purchase of the six sedans from Caldwell Country Chevrolet, of Caldwell, Texas, and the purchase of the light and air truck from Siddons-Martin Emergency Group, of Denton, Texas, each purchase based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, for a total amount of $507,190. Attachments: Agenda Memo - Fire Dept. Vehicles Ordinance - Fire Dept. Vehicles.pdf Price Sheet - Fire Dept. Vehicles P. FUTURE AGENDA ITEMS: (ITEMS 36 - 38) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 36. 15-0299 Service Agreements for Mowing of Parks, Rights-of-way, Medians, and Wastewater Treatment Plants Resolution finding the lowest responsible bidder for mowing services by grouped acreage in response to Bid Event No. 12; awarding a service agreement to the lowest responsible bidder for each acreage group; and authorizing the City Manager or designee to execute a service agreement with the lowest responsible bidder for each acreage group. Corpus Christi Page 15 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Maldonado Nursery & Landscape, Inc. Tuff Cut Lawn & Landscape San Antonio, TX $77,854.09 Corpus Christi, TX $88,169.99 Total: $166,024.08 Attachments: Agenda Memo - Mowing Services Resolution Rejecting Lowest Respon Bid Mowing vFinal Exhibit A - Bid Tabulation Service Agreement- Madonado.pdf Service Agreement - Tuff Cut.pdf 37. 15-0524 Grant Application and Interlocal Agreement for the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $168,613 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation with 50% of the funds to be distributed to Nueces County under the Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation. Attachments: Agenda Memo - JAG application Resolution - JAG application Interlocal Agreement - JAG application 38. 15-0563 Engineering Construction Contract for City -Wide Lift Station Repairs Section 4 and Lift Station Odor Control located at Whitecap Boulevard and Park Road 22 Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $196,000 for the City -Wide Lift Station Repairs Section 4 Lift Station Odor Control for the total Base Bid. Attachments: Agenda Memo - Lift Station LS Repairs Project Budget - Lift Station Repairs Location Map - Lift Station Repairs Presentation - Lift Station Repairs Q. BRIEFINGS: (ITEMS 39 - 41) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Corpus Christi Page 16 Printed on 6/15/2015 City Council Meeting Agenda - Final June 16, 2015 Manager, but no other action will be taken and no public comment will be solicited. 39. 15-057 Golf Course Annual Update Attachments: Agenda Memo - Golf Course Operations Update Presentation - Golf Course Operations 2015 draft 40. 15-0596 Communication Department Update Attachments: Agenda Memo - Communication Update Presentation - Communication Update 6.16.15 Informal Staff Report - Communication Update 6.3.15 41. 15-0634 Homeless Solutions Update Attachments: Agenda Memo - Homeless Solutions Handout - Homelessness Types & Reasons Memo - Vision and Strategies Presentation - Homeless Solutions Update 6-16-15 R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 17 Printed on 6/15/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 9, 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 Father Rogel "Ogie" Rosalinas, St. Joseph Catholic Church. Father Rogel "Ogie" Rosalinas gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Wilson, Human Relations Administrator. Human Relations Administrator Sylvia Wilson led the Pledge of Allegiance. Mayor Martinez called for a moment of silence for Randy Charba, identified this morning as the latest flood victim from Wimberly, Texas, and all of the families from Corpus Christi that have been affected by this tragedy. 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 June 9, 2015, "Corpus Christi All-Star Tiger Shark Day" Proclamation declaring June 9-19, 2015, "150th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" Proclamation declaring June 14, 2015, "20th Annual Ms. Coastal Bend Senior Pageant Day" Corpus Christi Page 1 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 Mayor Martinez presented the proclamations. I. MINUTES: 4. Regular Meeting of May 26, 2015 and Workshop Session of June 2, 2015. Mayor Martinez deviated from the agenda and referred to approval of the minutes. Council Member McIntyre made a motion to approve the minutes, seconded by Council Member Rubio and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: 5. Ethics Commission Pipeline Review Panel Mayor Martinez referred to board and committee appointments. The following appointments were made: Ethics Commission Council Member Magill made a motion to appoint Isabel L. Barrera, seconded by Council Member McIntyre and passed unanimously. Pipeline Review Panel Council Member McIntyre made a motion to reappoint Kelly L. White (Community Representative), Mukesh R. Pratap (Technical Expertise), Philip E. Woods (Technical Expertise), and Robert Leon (Technical Expertise), seconded by Council Member Magill and passed unanimously. Council Member McIntyre made a motion to appoint Louis M. Lopez (Technical Expertise/Emergency Mgmt. Experience), seconded by Council Member Magill and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 6 - 16) Approval of the Consent Aqenda Mayor Martinez referred to the Consent Agenda. City Secretary Huerta announced that Council Member Scott would be abstaining on Item 15. There were no comments from the Council or the public. Council Member Garza made a motion to approve the consent agenda items, seconded by Council Member McIntyre. The consent agenda was passed 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 Corpus Christi Page 2 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 6. Purchase of Ammunition for Police Department Motion approving the purchase of approximately 320,000 rounds of ammunition from Precision Delta Corporation, Rulerville, Mississippi in accordance with Bid Event No. 42 based on only bid for a one-time expenditure of $66,592. Funds are budgeted in the General Fund and the Crime Control Fund No. 9010 in FY 2014-2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-053 7. Lease -Purchase of Ambulances Motion approving the lease -purchase of two (2) ambulances from Knapp Chevrolet, Houston, Texas for a total amount of $322,440.88, of which $5,374.01 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. This Motion was passed on the Consent Agenda. Enactment No: M2015-054 8. Approving application submission for Beach Cleaning and Maintenance funding Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2015-2016 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program This Resolution was passed on the Consent Agenda. Enactment No: 030515 9. Engineering Construction Contracts for ADA Improvements in Community Development Block Grant (CDBG) Areas Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $312,267.00 for ADA Improvements in CDBG (Community Development Block Grant) Areas FY 2013 for the total base bid Part A, and to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $152,456.25 for Accessible Routes in CDBG Residential Areas Phase 3 for the total base bid Part B. Corpus Christi Page 3 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 This Motion was passed on the Consent Agenda. Enactment No: M2015-055 10. Engineering Construction Contract for Waterline and Gas Line Extension Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, in the amount of $2,381,598.50 for the Padre Island Water Line and Gas Line Extension. This Motion was passed on the Consent Agenda. Enactment No: M2015-056 11. Construction contract for programmed lifecycle replacement and extension of the City's water distribution system Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services of Corpus Christi, Texas in the amount of $2,300,000 for the Programmed Waterline Service Life Extension for Citywide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (ID/IQ) Procurement for the total base bid. This Motion was passed on the Consent Agenda. Enactment No: M2015-057 12. Authorizing the City Manager to enter into Water Contracts for properties in Sun George Village Subdivision 13. Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Sun George Village Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. This Resolution was passed on the Consent Agenda. Enactment No: 030516 Second Reading Ordinance - Appropriating funds for Women, Infants and Children (WIC) grant amendment (1st Reading 5/26/15) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate additional funding in the amount of $88,902.00 to the current contract amount of $963,369.00 for a total grant in the amount of $1,052,271.00 from the Texas Department of State Health Services in the Health Grants Fund Corpus Christi Page 4 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 14. 15. No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of January 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030517 Second Reading Ordinance - Closing a utility easement located north of South Padre Island Drive and east of Admiral Drive (1st Reading 5/26/15) Ordinance abandoning and vacating a 1,450 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 8, and Lots 15-17, Block J, Flour Bluff Estates, located north of the South Padre Island Drive (SH 358) state right-of-way, and east of the Admiral Drive public street right-of-way;and requiring the owner, Blue Sand Development, LLC., to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030518 Second Reading Ordinance - Appropriating Funds and Amending the Service Agreement for Strategic Planning Services (1st Reading 5/26/15) Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., of Boston, Massachusetts in the amount of $72,835 for a total re -stated fee not to exceed $1,409,641 for Strategic Planning Services. Council Member Scott abstained on Item 15. This Ordinance was passed on second reading on the Consent Agenda. (Note: This item was reconsidered immediately prior to adjourning the meeting.) Enactment No: 030519 16. Second Reading Ordinance - Appropriating funds for Airport terminal maintenance (1st Reading 5/26/15) Ordinance appropriating $183,000 from the unreserved fund balance in the No. 4610 Airport Fund for a major terminal maintenance and improvement project at the Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance Corpus Christi Page 5 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 No. 030294 to increase expenditures by $183,000. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030520 N. REGULAR AGENDA: (ITEMS 19 - 20) 19. Second Reading Ordinance - Annexing land located at the intersection of Leopard Street and Clarkwood Road (1st Reading 5/26/15) Ordinance annexing 70.25 acres of land owned by the SKB Acquisition LLC, formerly known as the Sam Kane Beef Processors, located at the intersection of Leopard Street and Clarkwood Road; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing for severance; providing an effective date; and providing for publication. Mayor Martinez deviated from the agenda and referred to Item 19, annexation of 70.25 acres of land owned by the SKB Acquisition LLC (formerly Sam Kane Beef Processors). There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on 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: 030521 20. Second Reading Ordinance - Construction contract and appropriating funds for Hike and Bike Trail Development - Schanen Ditch Project (BOND 2012)(1st Reading 5/26/15) Ordinance appropriating $721,182 of anticipated revenues from the Texas Department of Transportation in Fund No. 3280 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $721,182; and authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,194,858.16 for the Hike and Bike Trail Development - Schanen Ditch project (BOND 2012) for the Base Bid. Corpus Christi Page 6 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 Mayor Martinez referred to Item 20, execution of a contract with LNV, Inc. for the Hike and Bike Trail Development - Schanen Ditch project. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on 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: 030522 O. FIRST READING ORDINANCES: (ITEM 21) 21. First Reading Ordinance - Engineering Construction Contract for Waldron Road from Caribbean to Glenoak (BOND 2014) Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton, Texas, in the interest of the public; determining the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Gelnoak Drive Project (BOND 2014). Mayor Martinez referred to Item 21. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a contract with Bay. Ltd for the Waldron Road from Caribbean Drive to Glenoak Drive Project (Bond 2014). Ms. Gray explained that Bay's bid, the second lowest bid, as determined by Urban Engineering, who conducted the bid analysis, was the most responsive bidder. There were no comments from the public. Council members spoke regarding the following topics: the Bond 2014 estimated cost for the projects; the additional cost increases associated with utilities; whether the increase in this project's cost is an indicator regarding future Bond 2014 projects; the estimated project schedule; and access at all times during construction. Mayor Martinez requested a future presentation with updates on the Bond 2014 projects. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. 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 Corpus Christi Page 7 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 Abstained: 0 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. Errol Summerlin, member of the Citizens' Alliance for Fairness and Progress, provided an update on discussions with Code Enforcement regarding the revised Property Maintenance Code and spoke regarding issues related to Plan CC 2035. DeeLynn Torres, Express Soccer Club, invited the public to attend the 10th Annual Express Beach Soccer Fest being held June 27-28, 2015 at McGee Beach. Ms. Torres acknowledged the work performed by the Park Maintenance Department at Manuel Salinas Park during the recent rain events and Special Events Coordinator Laura Gonzalez for assistance with their upcoming soccer event. Greg Smith provided an update on the following issues related to the Island Strategic Action Committee: the Padre Island Access Study; the light at Aquarius and South Padre Island Drive; the Packery Channel bathroom location; and the Police Department's enforcement of "no -riding" in the dunes. Abel Alonzo, on behalf of the Nueces County "I Believe in Me" Foundation, said the "Run, Walk and Roll" event was successful thanks to City leaders and sponsors. Mr. Alonzo also expressed his appreciation to those individuals who donated to the Special Olympics in honor of the late Police Chief Floyd Simpson. Foster Edwards, President/CEO of the Corpus Christi Chamber of Commerce, spoke regarding the Joint Land Use Study (JLUS) and future implementation. Carolyn Burger spoke regarding the City's process for paying alarm permits. Jeremy Coleman informed the City Council about the drainage issues preventing the Brooks Chapel Development Center from opening. Mr. Coleman recognized the Police Department for addressing the homeless issue near the center. Alex Rahmlow provided information on forestry and the economic rate of return for tree planting initiatives. Octaviano Recio, Jr. asked the City to investigate whether a large tow truck, located at 2937 Sabinas, is authorized to park on the street. 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 combined lake levels are currently at 57% of combined capacity and the total water resources are at 89%. The City is in much better shape than previously anticipated. Staff will present the Drought Contingency Plan ordinance on first reading at the June 23rd meeting which will include direction from the City Council to add restrictions during earlier stages to preserve more water. 2) The City Council was provided a copy of the City of Corpus Christi's Comprehensive Annual Financial Report (CAFR). The report is prepared by the Finance Department and documents the City's current financial condition. 3) The Emergency Operations Division, in coordination with other agencies, Corpus Christi Page 8 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 performed a preliminary damage assessment associated with the recent storms and reported that the City incurred approximately $301,000 in damages. The City will be providing the damage assessment to the Federal Emergency Management Agency (FEMA) to request reimbursement assistance. M. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. Public Hearing and First Reading Ordinance - Rezoning property located at 5929 Wooldridge Road (Requires 3/4 vote) Case No. 0515-01 The Mostaghasi Investment Trust: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property is described as being 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Durant Drive between Dewberry Drive and Dogtooth Court. Planning Commission and Staff Recommendation (May 6, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to 7.782 acres out of Lots 21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 17, a rezoning request for property located at 5929 Wooldridge. City Secretary Huerta explained that the Planning Commission and staff recommended denial of the zoning change. The ordinance reflected on the agenda is the applicant's request and passage of this ordinance will require a three-fourths vote of the City Council due to the Planning Commission's vote to deny approval. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow construction of an apartment complex. Mr. Dimas said the proposed rezoning is not consistent with the future land use plan and the subject property does not have direct access to Wooldridge Road. Staffs opinion is that the rezoning does not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when determining multifamily uses. Mayor Martinez opened the public hearing. Jim Villaume, on behalf of the applicant George Mostaghasi, is requesting that the City Council vote to allow apartments to be built. Mr. Villaume explained that Mr. Mostaghasi previously built an apartment complex with the intent to expand Phase 2 on the subject property. Mr. Villaume said the Planning Commission opposed the request Corpus Christi Page 9 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 based on the fact that Mr. Mostaghasi did not originally include this property with the rezoning of Phase 1. Mr. Villaume also address the site plan for the apartment complex and traffic concerns. Sharon Hoyt, representing the Bent Tree Homeowners' Association, Angelica Salazar Garcia, Ivan Winningham, Monica Garcia, and Kathy Chachere spoke in opposition to the zoning change based on the following concerns: the impact to property values; overcrowding in schools; increased traffic volume; the lack of upkeep at Mr. Mostaghasi's existing apartment complex; and security. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the notification process; concern with additional traffic in the area; consideration to require a planned unit development "PUD" zoning for the subject property; and other possible land uses for the subject property. City Secretary Huerta reiterated that a "Yes" vote would support the applicant's request and a "No" vote would support the Planning Commission's and staffs recommendation. This Ordinance failed on first reading for lack of a motion. 18. Public Hearing and First Reading Ordinance - Rezoning property located at 7321 South Staples Street (FM 2444)(Tabled on 5/26/15) Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District (Requires 3/4 vote for approval). Planning Commission Recommendation (March 25, 2015): Denial of the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN -1" Neighborhood Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 18. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow the development of this property in conjunction with the property immediately to the north. Mr. Dimas said staff is recommending the approval of the applicant's request. Planning Commission recommended denial of the "CG -2" rezoning and, in lieu thereof, approval of a rezoning to 'CN -1". Mr. Dimas reported that the owner does want the "CG -2" and met with the neighborhood to address their concerns. The owner stated that if the "CG -2" zoning is approved, he would agree to keep the dumpster's location at Corpus Christi Page 10 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 least 50 feet from the adjacent neighboring subdivision. Mayor Martinez opened the public hearing. Craig Thompson, Naismith Engineering representing Doxa Enterprises, provided information on the concerns from the Buckingham Estates Homeowners' Association (Association) including: dumpster location and loading zones, lighting, and signage. Mr. Thompson said the applicant feels that lighting and signage are addressed in the Unified Development Code and has agreed to impose a deed restriction to limit the dumpster location. Mr. Thompson explained the differences between the "CG -2" and "CN -1" zoning requirements. Mr. Thompson stated that there are no plans at this time for development. Mr. Thompson said the Association is requesting to rezone to "CN -1" with a Special Permit prohibiting noise pollution and a 25 -foot buffer. Craig Kleint, President of the Buckingham Estates Homeowners' Association, said the owners have concerns because they don't know what will be built on the property. Mr. Kleint requested that this rezoning be tabled until the applicant has a plan for the property or approve the rezoning to "CN -1" with a Special Permit to include the following conditions: 1) prohibit, within the 60 -foot strip, any use that would create noise pollution to the neighboring residential homes, to specifically prohibit dumpster pick-up and storage areas, as well as loading zones and service drive lanes and 2) require design/creation of a 25 -foot wide landscape buffer (zoning district buffer yard) along the Buckingham Estates fence line. Maria Truan, Sarah Graham, Marie McNeil, Douglas Waters, Daniel Corris, and Gordon Lester also spoke in opposition to the zoning change. Council members spoke regarding the following topics: the reason loading zones where not included in the deed restriction; the notification process; rezoning being based on use, not specific projects; special permit requirements; the initial zoning for newly annexed properties that are not developed; the zoning history for the subject property; allowances on a property that has a lot with two different zonings; typical locations for "CG -2" and "CN -1" zoning; access from the subject property; whether dumpster placement can be added to zoning restrictions; and consideration to amend the UDC to address odor from dumpsters. Council Member Garza made a motion to suport the Planning Commission's recommendation to deny the rezoning to "CG -2" and, in lieu thereof, approval of the rezoning to the "CN -1", seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 H. EXECUTIVE SESSION: (ITEMS 2 - 3) 2. Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the Corpus Christi Page 11 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 3. City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning status of litigation, including SOAH Docket No. 473-14-4431 and PUC Docket No. 42467 Application of Electric Transmission Texas, LLC to Amend Its Certificates of Convenience and Necessity for the Proposed Barney Davis to Naval Base Single -Circuit 138 KV Transmission Line in Nueces County, Texas. This E -Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEMS 22 - 25) 22. First Reading Ordinance - Amending City Code to add Chapter 41 titled "Public Works" related to contractor debarment, suspension, and ineligibility (Tabled on 5/12/15) Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment, suspension and ineligibility; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. Mayor Martinez referred to Item 22. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to approve an ordinance providing policies and procedures to debar or deem contractors ineligible to be awarded public works contracts. This item was tabled at the May 12th meeting and staff has addressed the City Council's concerns by taking the following actions: revising the ordinance for clarity and specific to public works; developing debarment process procedures; developing a process flowchart; posting the revised ordinance, procedures, and flowchart on the City's website; and evaluating and incorporating comments as appropriate. There were no comments from the public. Council members spoke regarding the following topics: the ability to appeal a decision for debarment or suspension to the City Council; the "administration" appeal process and right to appeal to City Council by City Charter; and including the ability to appeal to City Council as part of the ordinance to be codified. Council Member Magill made a motion to amend Section 41-115 to add the following language, "Any decision to debar a contractor that is upheld by both the Executive Director of Public Works and the City Manager or his designee may be subject to review by the City Council at the request of either the City Manager or City Council," and to include the City Council appeal process in the flowchart. The motion was seconded by Council Member Rubio and passed unanimously. City Secretary Huerta stated that the caption is on the agenda is different from the ordinance and clarified that the correct caption is on the ordinance. City Secretary Huerta also pointed out scrivener's errors that need to be corrected prior to second reading. Council Member McIntyre made a motion to approve the ordinance as Corpus Christi Page 12 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 amended, seconded by Council Member Rosas. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 23. First Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for construction of a wastewater collection line located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC. ("Developer"), for the construction of a wastewater collection line and appropriating $153,270.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 23. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a wastewater collection line extension construction and reimbursement agreement with Grangefield Development, LLC for the construction of a wastewater collection line to provide adequate water service to Grange Park Unit 1 Subdivision. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve Item 23, seconded by Council Member Riojas. 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 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 Slough Road, east of Rodd Field Road and south of Amethyst Drive. Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $16,574.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Corpus Christi Page 13 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 Mayor Martinez referred to Item 24. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement with Grangefield Development, LLC for the construction of a water arterial grid main extension. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve Item 24, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 25. First Reading Ordinance - Amending City Code regarding Island Strategic Action Committee Election of Officers Ordinance Amending City Code of Ordinances Regarding Island Strategic Action Committee Election of Officers Mayor Martinez referred to Item 25. Assistant City Manager Wes Pierson stated that the purpose of this item is to amend the Code of Ordinances regarding the Island Strategic Action Committee's election of officers, by removing the language from the ordinance and placing it in the committee's bylaws. Council Member McIntyre thanked staff for working on the amendment. Council Member McIntyre made a motion to approve the ordinance, seconded by Council member Magill. 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 P. FUTURE AGENDA ITEMS: (ITEMS 26 - 39) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 35, 37, 38, and 39. A council member asked a question on Item 28. 26. Purchase of Taser Equipment for the Police Department Motion approving the purchase of forty (40) Taser non -lethal weapons with ancillary equipment for the Corpus Christi Police Department in the amount of $60,736.40 from TASER International, Inc., Scottsdale, Arizona based on sole source. Funds have been budgeted by the Police Department in FY 2014-2015. This Motion was recommended to the consent agenda. Corpus Christi Page 14 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 27. Purchase of Breathing Apparatus for the Fire Department Motion approving the purchase of twenty (20) Breathing Apparatus for the Corpus Christi Fire Department in the amount of $103,836.00 from Municipal Emergency Services, Inc., Houston, TX. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the General Fund. This Motion was recommended to the consent agenda. 28. Purchase of actuators for raw water valves at the O. N. Stevens Water Filtration Plant Motion approving the purchase of four actuators from Rexa, Inc., of West Bridgewater, Massachusetts based on sole source for a total amount of $142,400.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. This Motion was recommended to the consent agenda. 29. Supply Agreement for Firefighting Clothing Motion approving a supply agreement with Casco Industries Inc., Houston, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Event No. 6 for an estimated annual expenditure of $159,915.60 of which $53,305.20 is required for the remainder of FY2014 - 2015. The term of the agreement will be for twelve (12) months with an option to extend for up to two (2) additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2014-2015. This Motion was recommended to the consent agenda. 30. Supply Agreement for Cold Laid Asphalt & Pre -coated Aggregate Motion approving a supply agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 8,000 tons of cold mix -cold laid asphalt and approximately 2,000 tons of pre -coated aggregate, in accordance with Bid Event No. 16 based on only bid for an estimated annual expenditure of $695,900 of which $231,966.66 is required for FY 2014 - 2015. The term of the contract will be for twelve (12) months with an option to extend for up to two (2) additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 - 2015. Corpus Christi Page 15 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 This Motion was recommended to the consent agenda. 31. Supply Agreement for Hot Mix Asphalt Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on lowest responsible bid, awarding primary and secondary agreements, in accordance with Bid Event No. 5 for an estimated semi-annual expenditure of $989,085 of which $659,390 is required for FY 2014-2015. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2014-2015. HAC MATERIALS, LTD. Corpus Christi, Texas $936,937.50 Primary Supplier Grand Total: $989,085.00 Bay, LTD. Corpus Christi, Texas $52,147.50 Secondary Supplier This Motion was recommended to the consent agenda. 32. Supply Agreement for Crushed Limestone Motion approving a Supply Agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 16,000 tons of crushed limestone in accordance with Bid Event No. 15 based on low responsible bid, for an estimated annual expenditure of $348,000 of which $100,000 is required for FY 2014 - 2015.The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 - 2015. This Motion was recommended to the consent agenda. 33. Service Agreements for Custodial Services Motion approving service agreements for custodial services for Aviation and City Hall with the following companies for the following amounts in accordance with Bid Event No. 29, based on lowest responsible bid for an estimated annual expenditure of $251,039.04, of which $83,679.68 is required for the remainder of FY 2014-2015. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the Corpus Christi Page 16 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 approval of the Contractor and the City Manager or designee. Funds have been budgeted by Aviation and Facilities & Property Management Departments in FY 2014-2015. ABM Janitorial Services Corpus Christi, TX Aviation $141,119.04 Grand Total $251,039.04 ISS Facility Services, Inc. Corpus Christi, TX City Hall $109,920.00 This Motion was recommended to the consent agenda. 34. Submission of grant application for Body -worn Camera Pilot Implementation Program for the Police Department Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. This Resolution was recommended to the consent agenda. 35. Third Party Administrator, Stop Loss Insurance and Self -Insured Employee Health Benefits Resolution authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41. This Resolution was recommended to the consent agenda. 36. Amendment No. 1 to the Professional Services Contract to provide consultant services for technical assistance with projects Corpus Christi Page 17 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 and management Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services contract between the City of Corpus Christi and LNV, Inc. in the amount of $215,000, for a total restated fee not to exceed $265,000, for staff augmentation to the Utility and Public Works Departments, including professional engineering services for projects management, programs management, and land development technical issues. This Motion was recommended to the consent agenda. 37. Interlocal Agreement for the Regional Parkway Planning and Environmental Linkages (PEL) Feasibility Study project Resolution authorizing the City Manager, or designee, to execute all documents necessary to approve an Interlocal Agreement with the Metropolitan Planning Organization (MPO) regarding the participation in the local funding shares required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("PROJECT"). This Resolution was recommended to the consent agenda. 38. Design - Build Agreement for Ayers Street CNG Station Motion authorizing the City Manager, or designee, to execute a Design - Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3 This Motion was recommended to the consent agenda. 39. Resolution amending City Council Policy No. 9 Q. Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. This Resolution was recommended to the consent agenda. BRIEFINGS: (40 - 45) Corpus Christi Page 18 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 40. Water Rates - Discussion #1 Mayor Martinez referred to Item 40. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to begin discussions on alternative to explore for the water rate. Mr. Van Vleck provided information on the following alternatives: increasing minimums and creating a program to assist lower income customers; increasing first increment of block rates to 100%; adopting rates in May or June of each year with an effective date of January 1st to provide more predictable budgeting for both the city and customers; adopting rates every two years; and establishing a separate storm water rate. Council members spoke regarding the following topics: separating the storm water rate; communication with stakeholders on the storm water rates and consideration of incentives to reduce runoff on-site; the timeframe for addressing the storm water rate; informing customers that the storm water portion of the water rate will be separated on the utility bill; support for adopting the rate every two years; exploring efficiencies regarding the bill system; the ability to pay utility payments by phone; and the cost of utilitizing the distribution system. 41. Job Order Contracts Construction Program Mayor Martinez referred to Item 41. Jerry Shoemaker, Senior Project Manager for Capital Programs, stated that the purpose of this item is to discuss the Job Order Contract (JOC) Program. Mr. Shoemaker presented the following information: the background, authority and applicability for job order contracting; the benefits of using the JOC method; how pricing is determined; the JOC program process; the request for proposal (RFP) and award selection process; and results from the 2014 RFP, contract evaluation, and award. Council members spoke regarding the following topics: the scoring process; development of a clearer evaluation process to be more transparent; how JOC's reduce time on projects; an explanation on pricing, unit price book and RS Means; the individual authorized to approve delivery orders; and continuing to use a competitive process for small construction projects. 42. Consolidated Annual Action Plan FY2015 Mayor Martinez referred to Item 42. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to provide an overview of the FY2015 Consolidiated Annual Action plan process. Mr. Ortega provided the following information: the citizens' participation process; the funding amount the City will receive from the U.S. Housing and Urban Development (HUD) for 2015-2016; additional funds that will be provided; the request for proposal (RFP) and evaluation process to receive funding for Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) programs; and future action. Mr. Ortega explained that for FY2016 funding, Housing and Community Development will include in the a pre -application for HOME funding, a list of "mandatory" amenities which will be required in order to receive a resolution of support for a proposed tax credit development project. Mr. Ortega provided a brief overview of the proposed mandatory amenities. Council members spoke regarding the following topics: including the amenities as part of the criteria for HOME funding; background information regarding CDBG the funding request for land acquisition and/or homeless facility rehabilitation; when the homeless issues strategies update will be presented; the deadline for submission; moving the first reading to the June 23rd meeting; having the Corpus Christi Page 19 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 public hearing prior to first reading in the future; and whether staff received feedback from tax credit developers on the City's mandatory amenities. 43. Development Services Update Mayor Martinez referred to Item 43. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to provide an update on the Development Services Department. Mr. Dimas read the department's mission statement and provided an explanation of the purpose of development codes, platting and zoning and building codes. Mr. Dimas reported on the following: improvements made in Development Services over the last three (3) years; the overall development process; metrics that reflect plan reviews responses, the number of permits issued, and the number of inspections performed; results from the customer survey; and a summary of the improvements. Council members spoke regarding the following topics: improvements made to be more responsive to customers and expedite the process; information on the Citizens' Review Panel; and outreach improvements. 44. Quarterly Report on Code Enforcement Activities Mayor Martinez referred to Item 44. Police Captain David Blackmon stated that the purpose of this item is to provide the Code Enforcement Division's qiarter;u report. The report is intended to update the City Council with a summary of the division's efforts to eliminate blighted conditions; educate and inform the public; reduce opportunities for criminal activity; and improve the quality of life in neighborhoods. Captain Blackmon provided a brief overview on: the objectives and purpose of the division; strategies to establish and expand law enforcement partnerships and volunteer programs, market code enforcement positively, create visibility and expand education, and find lasting solutions for blighted conditions; Code Enforcement staffing; statistics on inspections and violations; and the Code Enforcement process. Council members spoke regarding the following topics: the tremendous improvement made to address code enforcement; the focus on compliance; the department's quick response; exploring the ability for online public access to provide information on code enforcement and track the process; how the determination is made to place compliance officers in areas around the City; the need for additional public awareness on the CCMobile application and bulky trash pickup; the process to report code enforcement violations; and neighborhoods developing relationships with their code enforcement officers. 45. Park Maintenance Mayor Martinez referred to Item 45. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of the item is to provide an update on park maintenance program and initiatives to improve operations. Ms. Anaya provided an overview on: the Park Operations Team; the Strike Force/Priority Response Team and issues addressed; mowing consolidation efficiencies, improvements and next steps; and how park maintenance enhancement funds will be utilized. Council Members spoke regarding the following topics: positive feedback from agencies that work with the Parks and Recreation Department; how levels of maintenance are determined; how to access the maintenance levels online; and creation of the master plan maintenance handbook. Corpus Christi Page 20 Printed on 6/12/2015 City Council Meeting Minutes June 9, 2015 R. LEGISLATIVE UPDATE: None. CONSENT AGENDA: (ITEMS 6 - 16) 15. Second Reading Ordinance - Appropriating Funds and Amending the Service Agreement for Strategic Planning Services (1st Reading 5/26/15) Ordinance appropriating $53,997 from the unreserved fund balance in the No. 4610 Airport Fund for the Airport's share of Goody Clancy Amendment No. 2 for strategic planning services project at Corpus Christi International Airport; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $53,997; authorizing the City Manager, or designee, to execute Amendment No. 2 to a contract with Goody Clancy and Associates Inc., of Boston, Massachusetts in the amount of $72,835 for a total re -stated fee not to exceed $1,409,641 for Strategic Planning Services. Mayor Martinez referred to Item 15. City Secretary Huerta said there is an amendment that needs to be made to correct an amount and requested that the City Council reconsider the item. Council Member McIntyre made a motion to reconsider Item 15, seconded by Council Member Riojas and passed unanimously. Interim Procurement Manager Gabriel Maldonado requested to amend the total restated fee amount not to exceed $1,409,641 to instead read $1,609,635. Council Member McIntyre made a motion to approve the amendment as presented, seconded by Council Member Riojas. The motion to amend was passed and approved with the following vote: Martinez, Vaughn, Magill, McIntyre, Riojas, and Rosas, voting "Aye"; Rubio voting "No"; Garza was absent; Scott abstained. Council Member McIntyre made a motion to approve the ordinance as amended, seconded by Council Member Riojas. This Ordinance was passed on second reading as amended with the following vote: Aye: 6 - Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Vaughn Nay: 1 - Council Member Rubio Absent: 1 - Council Member Garza Abstained: 1 - Council Member Scott Enactment No: 030519 S. ADJOURNMENT The meeting was adjourned at 7:30 p.m. Corpus Christi Page 21 Printed on 6/12/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, February 3, 2015 1:00 PM RETREAT LOCATION: Selena Rotunda Room American Bank Center 1901 North Shoreline Blvd. Corpus Christi, TX 78401 SPECIAL CITY COUNCIL MEETING CITY COUNCIL RETREAT Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE MEETING ROOM. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney 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 C. Review Retreat Agenda The retreat was facilitated by Ms. Toby Futrell. Ms. Futrell provided a review of the retreat agenda including: City Manager's opening comments; finalizing the 2015 Council meeting calendar; discussing new council team dynamics & strengths; a progress report on 2014 policy priorities; a review of policy priority history; finalizing 2015 policy priorities; rank strategies and projects under the 2015 policy priorities; and summary. D. Opening Comments City Manager Ron Olson discussed the continuous improvement effort to be the best city in Texas by concentrating on improving internal operations, executing programs; and a strategic plan. City Manager Olson referred to his 100 -day plan which highlights his topics of focus and goals to achieve. City Manager Olson said he asked Ms. Futrell to focus the Council on selecting no Corpus Christi Page 1 Printed on 6/8/2015 City Council Meeting Minutes February 3, 2015 more than three priorities in order to narrow the focus so the priorities are achievable for staff. City Manager Olson discussed the 3 -Ds process of discovery, discussion and decision model used to create policy. Ms. Futrell presented the Council's top four suggestions for 2015 workshop topics as follows: residential road improvement plan and funding; utilities (water, wastewater and storm water), including sanitary sewer overflow plan and utility rates; infill and adaptive reuse policy and opportunities; and development services. E. Finalize 2015 Council Meeting Calendar City Secretary Huerta referred to the City Council meeting calendar and recommended canceling the following Council meetings: March 17, 2015; June 30, 2015; November 24, 2015, December 22, 2015; and December 29, 2015. There was a consensus of the Council to cancel the recommended meeting dates. F. Council Team Dynamics & Strengths Ms. Futrell referred to the Council Team Dynamics and Strengths. Ms. Futrell provided the results of each council member from the StengthsFinder test. The test included charting the top five (5) strengths of each council member and the top five (5) strengths by domain or themes. Ms. Futrell reported that over 70% of the council team's strength is focused in thinking/executing domains. G. Progress Report on 2014 Council Policy Priorities Deputy City Manager Margie Rose provided a progress report on the 2014 policy priorities. The five priorities included: 1) Neighborhood Improvements; 2) Water Policy; 3) Economic Development Policy; 4) Quality of Life & Long -Term Planning; and 5) Taking Care of Our Assets & Resources. Council Members requested follow up information on the following: copy of the retreat powerpoint sent electronically; an action plan and regular status report on Council priorities; a schedule for and the status of divesting of parks; exploring a program that would allow neighborhoods to pay for street lighting; a copy of the EDC's strategic plan; a comprehensive report on bond projects and clarification on funding; a report on benefits of Maximo and GIS data; a plan and schedule for divesting surplus property and projected revenue; a discussion on the timing of the next bond election and identifying potential projects; and an electronic version of the City's current ethics ordinance sent to the full Council, with a history of recent reviews and changes. H. Review Council Policy Priority History Ms.Futrell referred to the review of Council policies and history. Ms. Futrell stated that the policies should be focused on long-term, big-pciture issues and concentrated on three or four issues. Ms. Futrell outlined the four policy areas that have remained consistent over the last 10 years: taking care of our assets & infrastructure, including a focus on roads; economic development, including downtown revitalization; long-term planning & growth management issues; and water policy, including water supply development. Ms. Futrell also referred to data from the last two citizen surveys that validate the Council's past and current policy areas. Corpus Christi Page 2 Printed on 6/8/2015 City Council Meeting Minutes February 3, 2015 I. Finalize 2015 Council Policy Priorities Ms. Futrell asked the Council to identify the 2015 council policy priorities. The Council set the following three 2015 Council Priority Areas: First Council Priority: Sustainable, sufficient annual funding of a realistic residential road repair and maintenance program, including curb and gutter projects. Second Council Priority: continue water supply development. Third Council Priority: economic development policy. During this discussion, the Council also pulled four items from the 2014 Council Priorities and three items from the proposed 2105 Council Priorities, moving the seven items to an ongoing operational category titled Council Interest & Oversight Items and asking the city manager for the following: 1) comprehensive and regular reporting on the City's road work initative; 2) reporting on schedule for & progress in implementing city facility and property maintenance plan; 3) timely progress on all city CIP and bond projects; 4) continued reporting to Council on implementing the Park Maintenance and Enchancement Plan; 5) continued reporting to Council on progress with Code Enforcement and city cleanliness efforts; 6) progress reports on developing, adopting and implementing comprehensive and area plans; and 7) reporting on continued improvement efforts in communication, including encancing public information, education and outreach to increase transparency and trust in government. J. Rank Strategies Under the 2015 Council Policy Priorities Ms. Futrell asked the Council to rank strategies under the three 2015 Council Policy Priorities. The Council defined the following strategies under each of the three 2015 Council Priority Areas, ranking the strategies and projects, where listed under each priority, as follows: First Council Priority: Sustainable, sufficient annual funding of a realistic residential road repair and maintenance program, including curb and gutter projects. Second Council Priority: 1) continue water supply development, which includes: short-term industrial desalination; long-term potable water; groundwater as a potential additional source; continued inter -regional partnerships and planning. Third Council Priority: Economic Development Policy to include: urban infill and adaptive reuse; downtown revitalization, including well designed, tailored incentives, homeless and housing policies, incentive options for mixed use development, such as TIF Gap financing, and improved lighting and safety; create policies that shape economy and target desired business niches; policy alignment with EDC and Type A Board; retain and grow exisiting businesses; developing area -specific plans using tailored incentives and exploring tools such as development corporations; predictable, consistent incentive matrix; bringing new businesses to District 3; and expand diversity of businesses. K. Retreat Summary & Close Ms. Futrell summarized the three 2015 Council Policy Priorities and City Manager Olson stated that the City will: focus on these three priorities; set realistic expectations regarding services; re -affirm the ethical foundation of the organization; measure and report on organization performance until Corpus Christi becomes the preeminent benchmark among Texas cities; make the financial capacity of the City sustainable; assure that appointed city leadership Corpus Christi Page 3 Printed on 6/8/2015 City Council Meeting Minutes February 3, 2015 S. Adjournment is capable and strong; and institutionalize a sound and effective management process. The meeting was adjourned at 4:27 p.m. Corpus Christi Page 4 Printed on 6/8/2015 2015 Council Retreat Summary Council Prioritized Interest In Four Workshop Topics For 2015 As Follows: 1. Residential Roads Improvement Plan 85 Funding Options 2. Urban Infill & Adaptive Reuse Policy 85 Opportunities 3. Economic Development, Policies 85 Incentive Matrix 4. Utilities (Water, Wastewater 85 Storm Water), Including Sanitary Sewer Overflow Plan & Utility Rates Note: Council discussed having information on Downtown Revitalization covered through briefings on the upcoming area plan for downtown. Ten Individual Council Requests for Follow Up Or Information Are Detailed Below: 1. Would like the Retreat PowerPoint sent to full Council electronically. 2. Overall, would like to see an action plan for 85 regular status reports on Council priorities throughout the year. 3. Would like to see the schedule for 85 status of divesting of parks being done as a result of recent citywide election. 4. Would like to see schedule for 85 status of divesting surplus property as part of the facility inventory initiative, including projected revenue from that initiative 5. Interested in exploring a program that would allow neighborhoods to pay for additional street lighting in a program similar to one that currently allows neighborhoods to pay for speed cushions. 6. Wants copy of recently adopted EDC strategic plan sent electronically to full council. 7 Wants to see a comprehensive report on voter approved bond projects starting from 2004 forward, to include project status with a specific explanation for any project that was significantly changed, delayed, put on hold or abandoned. 8. Wants an early Council discussion of recommended timing for the next bond election 85 identifying potential new road 85 bridge projects (such as Yorktown Bridge widening), including facilitating ways to partner on funding some of these projects with other entities, such as the NPO 85 other government entities 9. Would like to see a report to Council on the City's use of 85 benefits from Maximo 85 GIS spatial data 10. Wants an electronic version of the City's current ethics ordinance sent to the full Council, with a short history of recent review 85 changes to that document The Council Pulled Four Items From Under 2014 Council Priorities & Three Items From Proposed 2015 Council Priorities, Moving Them To An Ongoing Operational Category With Seven Total Items Titled Council Interest & Oversight Items, Asking The City Manager For: 1. Comprehensive 85 Regular Reporting On City's Road Work Initiative, To Include: • Clarifying Total Funding Sources 85 Amounts • What Specific Road Work Is Completed, Underway 85 Planned Under Each Funding Source • A Multi -Year Plan 85 Schedule Of Road Work For Projected Or Future Funds • Noting Particular Interest Expressed In Status Of Rodd Field Road Widening, Parkway 22 Bridge Project, 85 Road Improvements In General In District 3, Including Flato Road 2. Reporting On Schedule For 85 Progress In Implementing City Facility 85 Property Maintenance Plan 3. Timely Progress On All City CIP 85 Bond Projects, As Well As A Regularly Updated Schedule 85 Status Report To Council Of Planned 85 Underway Projects, Which Should Also Be Made Easily Available To The Public Through The City Website 4. Continued Reporting To Council on Implementing Park Maintenance 85 Enhancement Plan 5. Continued Reporting To Council On Progress With Code Enforcement 85 City Cleanliness Efforts 6. Progress Reports On Developing, Adopting 85 Implementing Comprehensive 85 Area Plans 7. Reporting On Continuous Improvement Efforts in Communication, Including Enhancing Public Information, Education 85 Outreach, To Increase Transparency 85 Trust in Government The Council Decided On Three 2015 Council Priority Areas, Ranking The Strategies & Projects Where Listed Under Each Priority As Follows: First Council Priority: Sustainable, Sufficient Annual Funding Of A Realistic Residential Road Repair & Maintenance Program, Including Curb & Gutter Projects (20) Second Council Priority: Water Policy (16) 1. Continue Water Supply Development Which Includes (45): • Short -Term Industrial Desal • Long -Term Potable Water • Groundwater As A Potential Additional Source • Continued Inter -Regional Partnerships 85 Planning 2. Align Water 85 Wastewater Strategies, With A Focus on Consolidated Wastewater Plant 85 SSO Solution (38) 3. Educate The Public On Water Supply 85 Water Supply Strategies (19) 4. Utility Rate Model & Governance (19) 5. Drought Contingency Plan & Drought Determination Criteria (16) Third Council Priority: Economic Development Policy (10) 1. Urban Infill & Adaptive Reuse (32) 2. Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety (24) 3. Create Policies That Shape Economy & Target Desired Business Niches (18) 4. Policy Alignment With EDC & Type A Board (18) 5. Retain & Grow Existing Businesses (13) 6. Developing Area Specific Plans Using Tailored Incentives & Exploring Tools Such As Development Corporations (12) 7. Predictable, Consistent Incentive Matrix (11) 8. Bringing New Businesses to District 3 (11) 9. Expand Diversity of Businesses (5) Note: Ties in ranking are denoted in red Methodology Note: Prioritization 86 ranking determined by numbered, weighted dots. For priorities, 3 numbered dots were used per council member weighted as follows: #1 worth 3 points, #2 worth 2 points, & #3 worth 1 point. For ranked strategies & projects listed under each priority, 5 numbered dots were used per council member weighted as follows: #1 worth 5 points, #2 worth 4 points, #3 worth 3 points, #4 worth 2 points, & #5 worth 1 point. Total points received are listed in parentheses after each item. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: June 9, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mike Markle, Interim Chief of Police mikema@cctexas.com (361) 886-2601 Purchase of Taser Equipment CAPTION: Motion approving the purchase of forty Taser non -lethal weapons with ancillary equipment for the Corpus Christi Police Department in the amount of $60,736.40 from TASER International, Inc., Scottsdale, Arizona based on sole source. Funds have been budgeted by the Police Department in FY 2014-2015. PURPOSE: Approval to purchase forty Taser non -lethal weapons with ancillary equipment. BACKGROUND AND FINDINGS: The use of the Taser Conducted Energy Device (CED) is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device results in fewer serious injuries to officers and subjects. Only officers who have successfully completed the CCPD -approved training may be issued and carry the Taser CED. TASER International, Inc. is the sole source manufacturer of TASER brand products. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Police 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 $122,072.50 $0.00 $122,072.50 Encumbered / Expended Amount $54,209.95 $0.00 $54,209.95 This item $60,736.40 $0.00 $60,736.40 BALANCE $7,126.15 $0.00 $7,126.15 Fund(s): Crime Control Fund No. 9010 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. PRICE SHEET SOLE SOURCE TASER EQUIPMENT UNIT TASER International, Inc. Scottsdale, Arizona UNIT TOTAL PRICE PRICE 1 Taser, yellow, #X28P, with ancillary equipment and 4 -year warranty 40 each $1,518.41 $60,736.40 TOTAL: $60,736.40 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: June 9, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Purchase of Breathing Apparatus CAPTION: Motion approving the purchase of twenty (20) Breathing Apparatus for the Corpus Christi Fire Department in the amount of $103,836.00 from Municipal Emergency Services, Inc., Houston, TX. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the General Fund. PURPOSE: This equipment will be used by Firefighters in their daily duties throughout the City. BACKGROUND AND FINDINGS: This purchase of Breathing Apparatus will replace Breathing Apparatus that no longer meet current NFPA 1981 Standards and are too costly to upgrade, repair and maintain. The Breathing Apparatus shall also include SEMS II, Pak Tracker, EBSS (Emergency Breathing Safety System) and (2) quick connect regulators per Breathing Apparatus. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Fire 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 $605,895.01 $0.00 $605,895.01 Encumbered / Expended Amount $274,115.16 $0.00 $274,115.16 This item $103,836.00 $0.00 $103,836.00 BALANCE $227,943.85 $0.00 $227,943.85 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. DESCRIPTION PRICE SHEET HGAC CONTRACT NO. EE08-13 PURCHASE OF BREATHING APPARATUS Scott AP75, QD Regulator, Dual EBSS, SEMS II, PT QTY. 20 Municipal Emergency Services, Inc. Houston, TX UNIT each UNIT PRICE $5,191.80 EXTENDED PRICE $103,836.00 TOTAL: $103,836.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Purchase of Actuators CAPTION: Motion approving the purchase of four actuators from Rexa, Inc., of West Bridgewater, Massachusetts based on sole source for a total amount of $142,400.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: This is a motion to approve the purchase of four actuators. BACKGROUND AND FINDINGS: The actuators will be used on the raw water valves at the O.N. Stevens Water Filtration Plant. The new actuators will be electric hydraulic and will replace the existing pneumatic actuators which are 50-60 years old and have reached the end of their service life. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $317,140.00 $0 $317,140.00 Encumbered / Expended Amount $88,812.38 $0 $88,812.38 This item $142,400.00 $0 $142,400.00 BALANCE $85,927.62 $85,927.62 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION SOLE SOURCE BUYER: GERALD GOODWIN ACTUATORS ITEM DESCRIPTION QTY. UNIT Rexa, Inc. W. Bridgewater, MA UNIT TOTAL PRICE PRICE 1 Rexa actuator, model #X2R100,000-90-1/2D-P 4 each $35,600.00 $142,400.00 TOTAL: $142,400.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: June 9, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Firefighting Clothing CAPTION: Motion approving a supply agreement with Casco Industries Inc., Houston, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Event No. 6 for an estimated annual expenditure of $159,915.60 of which $53,305.20 is required for the remainder of FY2014 - 2015. The term of the agreement will be for twelve (12) months with an option to extend for up to two (2) additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2014-2015. PURPOSE: The firefighting clothing is worn by City Firefighters for protection against fire and heat. BACKGROUND AND FINDINGS: The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past eighteen (18) years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Houston, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $605,895.01 $106,610.40 $712,505.41 Encumbered / Expended Amount $274,115.16 $274,115.16 This item $53,305.20 $106,610.40 $159,915.60 BALANCE $278,474.65 $278,474.65 Fund(s): General Fund Comments: The $53,305.20 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of FY2014 - 2015. The remaining $106,610.40 for the last eight (8) months of the contract will be requested for FY2015 - 2016 during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation FIREFIGHTING CLOTHING CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROLANDO GALVAN BID TABULATION FIREFIGHTING CLOTHING Bid Event No. 6 CASCO INDUSTRIES HOUSTON, TEXAS Item Description 1 Turnout Coat 2 Turnout Pant Total Qty. Unit Price Extended Price 90 90 $1,022.83 $92,054.70 $754.01 $67,860.90 $159,915.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Supply Agreement for Cold Laid Asphalt & Pre -coated Aggregate CAPTION: Motion approving a supply agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 8,000 tons of cold mix -cold laid asphalt and approximately 2,000 tons of pre -coated aggregate, in accordance with Bid Event No. 16 based on only bid for an estimated annual expenditure of $695,900 of which $231,966.66 is required for FY 2014 — 2015. The term of the contract will be for twelve (12) months with an option to extend for up to two (2) additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 — 2015. PURPOSE: Pre -coated aggregate is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. Cold mix -cold laid asphalt is used to repair streets after utility cuts are made by the Utility Departments. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt is not available. BACKGROUND AND FINDINGS: None. 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: Street Operations 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 $231,966.66 $463,983.34 $695,950.00 Encumbered / Expended Amount 0.00 0.00 0.00 This item $231,966.66 $463,983.34 $695,950.00 BALANCE 0.00 0.00 0.00 Fund(s): Streets Fund Comments: The $231,966.66 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $463,983.34 for the last eight (8) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Bid Event No.: 16 Cold Mix - Cold Laid Asphalt & Pre -Coated Aggregate Buyer: Rolando Galvan ITEM DESCRIPTION QTY. UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION VULCAN CONSTRUCTION MATERIALS SAN ANTONIO, TEXAS 1. Cold Mix - Cold Laid Asphalt, Type B, Item 330 Truck delivery to the Holly Road stock pile 2. Pre -Coated Aggregate, Grade 4 modified, minimum polish value of 30. Truck delivery to Holly Road stock pile Total 8,000 2,000 Ton Ton Unit Price $72.79 $56.79 Extended Price $582,320.00 $113,580.00 $695,900.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting June 16, 2015 DATE: TO: FROM: June 9, 2015 Ronald L. Olson, City Manager Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Supply Agreement for Hot Mix Asphalt CAPTION: Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on lowest responsible bid, awarding primary and secondary agreements, in accordance with Bid Event No. 5 for an estimated semi- annual expenditure of $989,085 of which $659,390 is required for FY 2014-2015. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2014-2015. HAC MATERIALS, LTD. Corpus Christi, Texas $936,937.50 Primary Supplier Bay, LTD. Corpus Christi, Texas $52,147.50 Secondary Supplier Grand Total: $989,085.00 PURPOSE: This commodity is used by Street Services for the repair of City Streets. BACKGROUND AND FINDINGS: Bid Event No. 5 indicated a primary and secondary award would be established to provide for a backup supplier to the contract in the event the primary supplier is unable to provide product. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. ALTERNATIVES: Bids received from HAC Materials, Ltd., and Bay, Ltd., and meet all of the City's bid requirements. HAC Materials, Ltd., submitted the lowest price and is therefore recommended as primary supplier. Bay, Ltd submitted the second lowest price and is recommended as secondary supplier. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations 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 $1,823,714.21 $329,695.00 $2,153,409.21 Encumbered / Expended Amount $695,271.25 0.00 $695,271.25 This item $659,390.00 $329,695.00 $989,085.00 BALANCE $469,052.96 $0.00 $469,052.96 Fund(s): General Fund and Street Fund Comments: The $659,390.00 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $329,695.00 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: GABRIEL MALDONADO BID EVENT NO. 5 HOT MIX ASPHALT - TYPE D BID TABULATION EVENT NO. 5 Primary Supplier Secondary Supplier Award Total: Grand Total: $936,937.50 $989,085.00 $52,147.50 The Bid Event No. 5 indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. HAC Materials LTD. Corpus Christi, Tx Bay, LTD. Corpus Christi, Tx UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 1 Hot Mix Asphaltic Concrete Pavement Item 14,250 Ton $65.75 $936,937.50 340, PG 64-22, Type D, supplied with an anti -stripping agent. Monday thru Friday 2 Hot Mix Asphaltic Concrete Pavement Item 750 Ton $69.53 $52,147.50 340, PG 64-22, Type D, supplied with an anti -stripping agent. Monday thru Friday Award Total: Grand Total: $936,937.50 $989,085.00 $52,147.50 The Bid Event No. 5 indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 95/5 percentage split is projected to be purchased from each of the suppliers. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Supply Agreement for Crushed Limestone CAPTION: Motion approving a Supply Agreement with Vulcan Construction Materials, San Antonio, Texas, for approximately 16,000 tons of crushed limestone in accordance with Bid Event No. 15 based on low responsible bid, for an estimated annual expenditure of $348,000 of which $100,000 is required for FY 2014 - 2015. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2014 — 2015. PURPOSE: The crushed limestone base will be used by the participating departments as a subsurface foundation for street maintenance and repair. BACKGROUND AND FINDINGS: None. 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: Street Operations Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Streets Fund, Storm Water Fund Comments: The $100,000 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $248,000 for the last eight months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Project to Date Fiscal Year: 2014- Expenditures Current 2015 (CIP only) Year Future Years TOTALS Line Item Budget $448,746.00 $248,000.00 $696,746.00 Encumbered / Expended Amount $173,833.75 $173,833.75 This item $100,000.00 $248,000.00 $348,000.00 BALANCE $174,912.25 $174,912.25 Fund(s): Streets Fund, Storm Water Fund Comments: The $100,000 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $248,000 for the last eight months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION EVENT 15 CRUSHED LIMESTONE BASE TOTAL $348,000.00 $364,000.00 Vulcan Construction Materials LP San Antonio, TX Martin Marietta Materials San Antonio, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price 1.0 Crushed Limestone Base, Item 247, Type A, Grade 1, City waives the Triaxial Class 1, TX DOT D2 on City Spec.1070: 16,000 Ton 21.75 $348,000.00 22.75 $364,000.00 TOTAL $348,000.00 $364,000.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 x1266 Carlos Gonzalez, Director of Facilities & Property Management carlosg2@cctexas.com (361) 826-3567 Service Agreements for Custodial Services CAPTION: Motion approving service agreements for custodial services for Aviation and City Hall with the following companies for the following amounts in accordance with Bid Event No. 29, based on lowest responsible bid for an estimated annual expenditure of $251,039.04, of which $83,679.68 is required for the remainder of FY 2014-2015. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by Aviation and Facilities & Property Management Departments in FY 2014-2015. ABM Janitorial Services ISS Facility Services, Inc. Corpus Christi, TX Corpus Christi, TX Aviation City Hall $141,119.04 $109,920.00 Grand Total $251,039.04 PURPOSE: Approval to establish service agreements for custodial services for Aviation and City Hall. BACKGROUND AND FINDINGS: Nightly custodial services will be performed at specified times for Aviation seven (7) days a week and after normal business hours Monday through Friday for City Hall. 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: Aviation and Facilities & Property Management 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 $315,526.24 $167,359.36 $482,885.60 Encumbered / Expended Amount $76,311.09 0 $76,311.09 This item $83,679.68 $167,359.36 $251,039.04 BALANCE $155,535.47 0 $155,535.47 Fund(s): Airport and Facilities & Property Management Funds Comments: The $83,679.68 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $167,359.36 will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: JEANNETTE P. TIJERINA 1.1 Custodial Service for City Hall 1.5 Custodial Service for Aviation BID TABULATION BID EVENT 29 CUSTODIAL SERVICES ISS Facility Services, Inc. Corpus Christi, Texas ABM Janitorial Services Corpus Christi, Texas Janie B. Klein Corpus Christi, Texas Texas Mint Commercial Washing Sugarland, Texas GMAN Construction, LLC Corpus Christi, Texas $9,160.00 $109.920.00 $10 960.36 $131,524.32 11,759.92 $141,119.04 $12,500.00 $150,000.00 12,300.00 147,600.00 $13,410.00 $160,920.00 15,495.83 185,949.96 $25,195.00 $302,340.00 13,101.00 157,212.00 No Bid No Bid Subtotal: $109.920.00 Grand Total Award: $251,039.04 $141,119.04 SERVICE AGREEMENT FOR CUSTODIAL SERVICES Service Agreement No. THIS Custodial Services Agreement (this "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 ABM Janitorial Services - South ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Services in response to Event No. 29, which includes Specification 1088; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Custodial Services in accordance with Event No. 29, which includes Specification 1088 ("Services'. f. which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to two (2) additionLIt one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 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 Aviation Facilities Manager Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, 'the certificate must state that the Aviation Facilities Manager Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such 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 (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the 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 Exhibit A, or the Contractor's bid offer and response to Event No. 29, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 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 Aviation Facilities Manager Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for 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. Failure to Lep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement 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. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 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 within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Po I icti . The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. 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 certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Aviation Facilities Manager Contract Administrator Mario Tapia, Assistant Director of Aviation P. O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: ABM Janitorial Services - South Ron Peden 10521 Gulfdale St. San Antonio, TX 78216 866-502-4809 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. 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. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT -TOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF 05/14/2015 THU 17:25 FAX --- SAN ANTONIO 2002/002 May/14/2015 2:21:55 PM ABM Janitorial Services 210-737-1843 3/3 CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Contractor: ABM Janitorial Services - South Signature: Printed Name: Ron Peden Title: $rangyMapeger Date: 3- /,(( f Gabriel Maldonado Date Interim Procurement Manager Attached and Incorporated by Reference: Exhibit A: Event No. 29 including Specification 1088 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) SERVICE AGREEMENT FOR CUSTODIAL SERVICES Service Agreement No. THIS Custodial Services Aereement (this "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 ISS Faciltiy Services, Inc. ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Services in response to Event No. 29, which includes Specification 1088; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Custodial Services for City Hall in accordance with Event No. 29, which includes Specification 1088 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to two (2) additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 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 Facilities & Property Management Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Facilities & Property Management Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such 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 (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the 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 Exhibit A, or the Contractor's bid offer and response to Event No. 29, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 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 Facilities & Property Management Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for 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. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement 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. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 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 within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. 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 certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Facilities & Property Management Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor ISS Facility Service, Inc. Contact Person: Gene Gattis Address: 545 North Upper Broadway Ste. 501 City, State, ZIP Corpus Christi, TX 78401 Fax #: (361) 882-2838 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. 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. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR 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 OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Contractor: ISS Facility Services, Inc. Signature: Gehe Gatti Printed Name: Gene Gattis Title. Sr. Managing Director Date: 6- I- 6.015 - CITY OF CORPUS CHRISTI Gabriel Maldonado Date Interim Procurement Manager Attached and Incorporated by Reference: Exhibit A: Event No. 29 including Specification 1088 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) AGENDA MEMORANDUM Future item for the City Council meeting of June 9, 2015 Action Item for the City Council meeting of June 16, 2015 DATE: TO: May 27, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2604 Approval to submit a grant application to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. PURPOSE: Request grant funding to enhance the existing 84 body worn cameras which were provided to the Police Department through the Nueces County District Attorney's office in 2014. BACKGROUND AND FINDINGS: Law enforcement agencies across the country and worldwide are using body -worn cameras (BWCs) as a promising tool to improve law enforcement interactions with the public. BWCs can provide a visual and audio record of interactions. Some preliminary evidence indicates that the presence of BWCs helps strengthen accountability and transparency, and can assist in de- escalating conflicts, resulting in more constructive encounters between the police and members of the community. This competitive solicitation is for law enforcement agencies seeking to establish or enhance BWC Policy and Implementation Programs (PIP). The City is applying under CATEGORY 4: BWC PROGRAM ENHANCEMENT. This funding category seeks to assist agencies with existing BWC programs and established BWC policies and practices that want to expand their program to more officers. Funds under Category 4 should be used for cameras and the associated hardware, software licenses, and contractual agreements directly related to program expansion. Applicants may request no more than $250,000 under this category. Applicants may satisfy the 50% match requirement with either cash contributions or in-kind contributions of goods or services that are directly related to the purpose for which the grant was awarded. The grant funds will provide for a maximum of 100 body cameras, storage, software, and licenses. The cash match will be provided by the Law Enforcement Trust Fund. The in-kind contribution is for a percentage of time the four employees currently working with the body camera system. Estimated annual maintenance cost after the warranty period is $7,000. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $75,000 $75,000 BALANCE $75,000 $75,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorizing the City Manager, or designee, to submit a grant application in the amount of $125,000 to the U.S. Department of Justice for funding eligible under the FY 2015 Body -Worn Camera Pilot Implementation Program with City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: May 19, 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 THRU: Mark Van Vleck, P. E., Executive Director of Utilities gustavogo@cctexas.com (361) 826-3897 THRU: 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) 826-3500 CAPTION: Approval of Professional Services Contract City of Corpus Christi Utilities Department Staff Augmentation Consultant Services Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services contract between the City of Corpus Christi and LNV, Inc. in the amount of $215,000, for a total restated fee not to exceed $265,000, for staff augmentation to the Utility and Public Works Departments, including professional engineering services for projects management, programs management, and land development technical issues. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to the Professional Services Contract with LNV, Inc. for the staff augmentation to the Utility and Public Works Departments, including professional engineering services for projects management, programs management, and land development technical issues. BACKGROUND AND FINDINGS: The current growth in Corpus Christi exceeds existing staff resources. This contract allows the City to ramp up staffing levels with special skill sets and qualifications on an "as -needed" basis. City staff has conducted numerous employee searches without much success and therefore, sought out support from local firms. This contract provides for a senior licensed professional engineer with municipality experience and qualifications to support a myriad of potential duties and assignments for the Development Services Department and Utilities Department. ALTERNATIVES: 1. Approve Amendment No. 1 to the Professional Services contract with LNV, Inc. as proposed. (Recommended) 2. Do not approve Amendment No. 1 to the Professional Services contract with LNV, Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of professional services. 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 $265,000.00 $265,000.00 Encumbered / Expended Amount This item $215,000.00 $215,000.00 Future Anticipated Expenditures $50,000.00 $50,000.00 BALANCE $0.00 $0.00 Fund(s): Utilities Department Operating Funds COMMENTS: N/A RECOMMENDATION: City staff recommends the approval of Amendment No. 1 to the Professional Services Contract with LNV, Inc. for $215,000. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract Presentation PROJECT BUDGET City of Corpus Christi Utilities Department Staff Augmentation Consultant Services PROJECT FUNDS AVAILABLE: Utilities Department $265,000.00 FUNDS REQUIRED: Professional Services Fees: LNV, Inc. (Original Small Contract) 50,000.00 LNV, Inc. (Amendment No. 1) 215,000.00 TOTAL $265,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 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 LNV, Inc., a corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces, Texas, 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT City of Corpus Christi Utilities Department Staff Augmentation Consultant Services (Proiect No. E15092) — Continue assisting the Utility and Public Works Departments as staff augmentation with projects, program management, and land development technical services, as necessary to meet operational requirements on behalf of the City of Corpus Christi. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional engineering review services, In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) as described in Exhibit "A", to complete the Project. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of 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 A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE The NE agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". If applicable, the A/E will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. Contract for Engineering (A/E) Sery ces Page 1 of 4 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $215,000.00 (in Numbers), Two Hundred Fifteen Thousand Dollars and No Cents (in Words), for a total restated fee not to exceed $265,000.00 (in Numbers), Two Hundred Sixty Five Thousand Dollars and No Cents (in Words). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the 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 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 NE without the express written consent of the Director of Capital Programs. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST 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. Contract for Engineering (AWE) Services Page 2of4 CITY OF CORPUS CHRISTI LNV, 2� U ( 4 Z7 J. H. Edmonds, P. E., Date S. Leyendecker, P.E • ate Director of Capital Programs President 801 Navigation, Suite 300 Corpus Christi, Texas 78408 RECOMMENDED (361) 883-1984 Office (361) 883-1986 Fax Gustavo Gonzalez, P.E. Assistant City Manager of Public Works and Utilities Date Mark Van Vleck, P.E. Date Executive Director of Utilities Valerie H. Gray, P.E. Date Executive Director of Public Works APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Contract for Engineering (NE) Services Page 3 of 4 City of Corpus Christi Utilities Department Staff Augmentation Consultant Services Proiect No. E15092 Fund Name Accounting Unit Account Activity Account Category Amount Water Department Operating 4010-30000-041 530000 E15092014010EXP 30000 $65,000.00 Water Department Operating 4010-30220-072 530000 E15092014010EXP 30000 $15,000.00 Water Department Operating 4010-30230-072 530000 El5092014010EXP 30000 $25,000.00 Water Department Operating 4010-30283-072 530000 E15092014010EXP 30000 $10,000.00 Water Department Operating 4010-31510-041 520130 El5092014010EXP 20130 $50,000.00 Water Department Operating 4010-31520-041 520140 E15092014010EXP 20140 $50,000.00 Total $215,000.00 Encumbrance No. Contract for Engineering (WE) Services Page 4 of 4 CNV engineers 1 architects f contractors Solutions Today with a Vision for Tomorrow March 3, 2015 Ms. Valerie Gray, P.E. Executive Director of Public Works City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Ref: CITY OF CORPUS CHRISTI UTILITIES DEPARTMENT STAFF AUGMENTATION CONSULTANT SERVICES Project No. E15092 — Amendment No. 1 Dear Ms. Gray: Please accept this proposal for Amendment No. 1 in the amount of $215,000 for a total contract value of $255,000. The preliminary phase of this contract provided Bill Green, dba William J. Green, P.E. through an exclusive use consultant contract with LNV Engineering, Inc. to the Utility and Public Works Departments as staff augmentation with project, program management and land development technical services, as necessary to meet operational requirements on behalf of the City of Corpus Christi. Amendment No. 1 provides for a continuance of Bill's professional engineering consultant services at a standard rate of $100.00 per hour and standard travel and per diem expenses, at cost. Provision is made to adjust the hourly rate in January 2016 based upon the Consumer Price Index. We will advise you in writing of this adjustment in advanced of a revised hourly billing rate. We further agree that Bill can continue to work up to a full time basis (40 hours/week) on City directed assignment for the next year (12 months). We anticipate that Bill will continue to receive a variety of assignments directly assisting the Utilities and Public Works Departments. Monthly invoices will be only for those hours authorized and rendered. If my proposal of services is acceptable to you, please include this letter as Exhibit A to Amendment No. 1 for a large A/E Contract. We are prepared to review this proposal with you should you have any questions. Sincerely Dan S. Le .e President //S er, P.E. Cc: Mr. Mark Van Vleck, P.E. — Executive Director of Utilities 801 NAVIGATION 1 SUITE 300 I CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883 1984 1 FAX 361.883 1986 1 WWW LNVINC COM EXHIBIT "A" Page 1 of 1 Exhibit "B" Mandatory Requirements 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. AIE Professional Services Agreements Standard Form Language Exhibit "B" Last revised 12/23/2014 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Invoiced Previous Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% _ TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for: Payment Request Revised 07/27/00 1611161Q SUPPLIER NUMBER TO BE ASSIGNED BY CTI Y PURCFIASING DIVISION City of CITY OF CORPUS CHRISTI cS 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. 11. the question is not applicable. answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV Engineering P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation X 4. Association ? Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. E. State the names of each "employee" of the City of Corpus Christi havin; an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board. Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm.'' 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: Dan S. Leyendecker, P. E. Title: President (Type or Pring Signature of Certifying Person: DEFINITIONS Date: Oohs. 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. Corpus chr sti Capital Programs City of Corpus Christi Utilities Department Staff Augmentation Consultant Services Council Presentation June 9, 2015 Project Scope Corpus Chr sti Capital Programs • Land Development technical services from Early Assistance through Project Completion. • Program management implementation and development of department technical procurement services to include cost of service, airport zoning Ordinance, JLUS implementation, Building Code Ordinance revisions, Plan CC Implementation. • Technical assistance and consultant management oversight in delivery of Industrial Desalination assessment. • Special assignments assistance to Utilities and Public Works Departments. Project Schedule 2015 - 2016 Professional Services Corpus Chr sti Capital Programs Project Estimate: 365 Calendar Days N 12 Months Projected Schedule reflects City Council award in May 2015 with anticipated contract completion in May 2016. Project Budget c4) Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Utilities Department $265,000.00 FUNDS REQUIRED: Professional Services Fees: LNV, Inc. (Original Small Contract) 50,000.00 LNV, Inc. (Amendment No. 1) 215,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) Engineering Services (Project Mgmt) Misc. (Printing, Advertising, etc.) ESTIMATED PROJECT BUDGET BALANCE 0.00 0.00 0.00 $0.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: May 26, 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 J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 FROM: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 CAPTION: Interlocal Agreement Regional Parkway Planning and Environmental Linkage Study Resolution authorizing the City Manager, or designee, to execute all documents necessary to approve an Interlocal Agreement with the Metropolitan Planning Organization (MPO) regarding the participation in local funding shares required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("PROJECT"). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with the MPO for the Regional Parkway Planning and Environmental Linkages (PEL) Feasibility Study project. BACKGROUND AND FINDINGS: This agreement is a continuation of a joint project, between the City, the MPO and Texas Department of Transportation (TxDOT) on regional parkway planning with the cost being shared between the City and MPO 20% and 80% respectively. The MPO will lead this project and enter into a Non -construction Advance Funding Agreement (AFA) with Texas Department of Transportation (TxDOT), which administers the Category 7 Program for the funding. The MPO will also execute and manage a contract agreement with the Consultant to complete the study. K:\ENGINEERING\LEGISTAR\10 - JUNE 9, 2015\MPO REGIONAL PARKWAY\AGENDA MEMO - MPO REGIONAL PARKWAY.DOCX An initial Regional Parkway Mobility Corridor Feasibility Study was completed in January 2013, which determined the Regional Parkway route was needed and attainable if constructed in phases (segments) and implemented in a manner consistent with development and need. The initial Study evaluated whether a new roadway is needed to alleviate congestion and provide an alternate route in portions of Nueces and San Patricio Counties. The evaluation also determined the feasibility of a new elevated causeway and bridge to North Padre Island and a new or enhanced Nueces River bridge connecting San Patricio County and Nueces County. The study considered ten (10) potential corridors and determined that two corridors are feasible and viable based on the following four major categories: • Traffic Mobility • Social and Environmental Impacts • Engineering • Likely Public Support The two corridors both include a new connection to North Padre Island and go west of Robstown. One, Alternative, Corridor 6, would connect back to 1-37 north of Edroy, and the other, Alternative Corridor 2, connects back to 1-37 south of Edroy (see attached map). This Project evaluates two segments which run from State Highway 286 (Crosstown) to Park Road 22. This project also serves as the interim step to a full National Environmental Policy Act (NEPA) review that is required for projects seeking state or federal funding. The total cost for the project is $863,068 with the City's share of $233,028 which includes the 20% match of $172,614 plus TxDOT administrative fees of $43,153 and PlanSource overhead fees for $17,261. The funds for the City's match is the Bond 2014 TxDOT Participation. The MPO's cost share is $690,454 and was approved by the MPO Transportation Policy Committee under Category 7 — Metropolitan Mobility Program funds on April 4, 2014. HDR Engineering, Inc. was selected as the consultant in December 2014 through PlanSource, a competitive cooperative procurement program of the Community and Environmental Planning Department of Houston Galveston Area Council (HGAC). This contract vehicle allows local governments access to prequalified planning firms. The City agrees to pay the Consultant within 30 days of receiving an invoice from the MPO. The MPO will invoice City monthly with the exception of the initial lump sum fees for TxDOT administration. ALTERNATIVES: 1. Authorize execution of the Interlocal Agreement. 2. Do not authorize execution of the Interlocal Agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutes regarding Texas Department of Transportation Participation. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs K:\ENGINEERING\LEGISTAR\10 - JUNE 9, 2015\MPO REGIONAL PARKWAY\AGENDA MEMO - MPO REGIONAL PARKWAY.DOCX FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $0.00 $2,500,000.00 $2,500,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $233,028.00 $0.00 $233,028.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $2,266,972.00 $0.00 $2,266,972.00 Fund(s): Future TxDOT Participation Bond 2014 Comments: RECOMMENDATION: City staff recommends the approval of the Interlocal Agreement with Metropolitan Planning Organization to fund $233,028 for the Regional Parkway Planning and Environmental Linkage Study project. LIST OF SUPPORTING DOCUMENTS: Resolution Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\10 - JUNE 9, 2015\MPO REGIONAL PARKWAY\AGENDA MEMO - MPO REGIONAL PARKWAY.DOCX PROJECT BUDGET ESTIMATE TxDot Participation PROJECT FUNDS AVAILABLE: Bond 2014 $ 2,500,000.00 TOTAL $ 2,500,000.00 FUNDS REQUIRED: Construction (includes contingency) Consultant Fees: MPO Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) Finance Misc. (Printing, Advertising, etc.) 233,028.00 TOTAL 233,028.00 ESTIMATED PROJECT BUDGET BALANCE $ 2,266,972.00 ATTACHMENT "A" INTERLOCAL AGREEMENT BETWEEN CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION AND CITY OF CORPUS CHRISTI This Agreement is between Corpus Christi Metropolitan Planning Organization ("MPO") and City of Corpus Christi ("City") regarding participation in the local funding share required for the planning project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("Project"). BACKGROUND In January 2013, the MPO completed the Regional Parkway Mobility Corridor Feasibility Study which determined a Regional Parkway route was recommended and attainable if constructed in segments of independent utility. This Project will evaluate the first two segments of the Regional Parkway route, segments A and B, which extend from State Highway 286 to Park Road 22. The PEL Study will serve as an interim step to a full National Environmental Policy Act (NEPA) review, which is required for a project that may seek state or federal funding. The MPO Transportation Policy Committee approved the use of Category 7 — Metropolitan Mobility Program funds on April 4, 2014. It was determined at that time that City will provide the local match (including applicable overhead fees). As part of the implementation of this Project, the MPO will enter into a Non -construction Advance Funding Agreement (NCAFA) with Texas Department of Transportation (TxDOT), which administers the Category 7 Program, as well as an agreement with HDR Engineering, Inc. (Consultant) to execute the study. This service provider was selected in December 2014 through PlanSource, a cooperative procurement program of the Community and Environmental Planning Department of Houston Galveston Area Council (HGAC) that allows local governments' access to prequalified planning firms. The approved FY 2015 — 2018 Transportation Improvement Program provides an amount not to exceed $900,000 in FY 2015 for a Regional Parkway Environmental Study, which will be applied to support the $863,068 budget for this Project. Of this $863,068, 80%, or $690,454, will be federal funds and 20%, or $172,614, will be a locally provided share. As the local partner, the City is also responsible for TxDOT administrative fees (estimated to be 5%, or $43,153) and PlanSource overhead fees (2%, or $17,261). AGREEMENT MPO. The MPO will enter into a NCAFA with TxDOT, which administers the Category 7 Program, as well as an agreement with Consultant to execute the study. TxDOT administrative ($43,153) and PlanSource overhead fees ($17,261) are due to the respective agencies as lump sum payments at the onset of the Project; thus, the MPO will invoice the City, the local share participant, for the entirety of these fees within 30 days of executing the NCAFA with TxDOT. Over the course of the Project, the MPO will receive, review, approve and process monthly invoices submitted by Consultant, and the MPO's fiscal agent (Nueces County) will make payment on 80% of approved invoices. The MPO will in turn invoice the City for 20% of the monthly invoice amount to be paid by the City directly to the Consultant. The MPO will provide City with a digital copy of all documents generated by Consultant regarding this Project. City. As the local share participant, the City will provide the 20% local share of the project cost ($172,614), TxDOT administrative fees (estimated to be $43,153) and PlanSource overhead fees ($17,261) for a total of $233,028.00. City will pay Consultant within 30 days of receiving an invoice from the MPO. Consultant contact information for payment submittal: Robert E. Leahey HDR Engineering, Inc. 4401 Westgate Blvd., Suite 400 Austin, TX 78745 Any proposed changes to this Agreement must be submitted in writing to the MPO and City for approval and subsequent amendment of this Agreement. City of Corpus Christi Valerie H. Gray, P.E. Date Executive Director of Public Works Approved as to form: Assistant City Attorney Date Corpus Christi Metropolitan Planning Organization Jeffrey A. Pollack Date Transportation Planning Director RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY TO APPROVE AN INTERLOCAL AGREEMENT WITH THE METROPOLITAN PLANNING ORGANIZATION (MPO) REGARDING THE PARTICIPATION IN THE LOCAL FUNDING SHARES REQUIRED FOR THE PLANNING PROJECT KNOWN AS THE REGIONAL PARKWAY PLANNING AND ENVIRONMENTAL LINKAGES (PEL) STUDY ("PROJECT") 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 the attached Interlocal Cooperation Agreement for the City of Corpus Christi's participation of local funding for the project known as the Regional Parkway Planning and Environmental Linkages (PEL) Study ("Project"), which is necessary to evaluate the first two segments of the Regional Parkway route segments A & B. The PEL Study will serve as an interim step to a full National Environmental Policy Act review, which is required for a project that may seek state or federal funding. 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 The foregoing ordinance was read and passed on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio Corpus Chr'sti Capital Programs CC MPO Interlocal Agreement Regional Parkway Planning and Environmental Linkage Study Council Presentation June 9, 2015 Regional Parkway Viable Alternative Map Corpus Chr sti Capital Programs Segm Stu JIM WELLS COUNTY LEGEND STUDY AREA ALTERNATIVE 2 I— I ALTERNATIVE6 COMMON CORRIDOR SEGMENT CONNECTOR COUNTY BOUNDARY 0 AIRPORT C Areas shown as alternatives are +/- 1 mile in width but actual roadway will only be 320-500 feet wide somewhere in the alternative area. I.,` MILES STUDY AREA AND VIABLE ALTERNATIVES FOR NEW CORRIDOR Project Background Corpus Chr sti Capital Programs The Regional Parkway Planning and Environmental Linkage (PEL) Study is joint project with the City, MPO and TxDOT to consider providing alternative connectivity between I-37 and Padre Island. This PEL study (project) evaluates the first two segments (A & B) from State Highway 286 to Park Road 22. The Regional Parkway Mobility Corridor Feasibility Study, completed in 2013, evaluated ten potential corridors and determined that the project was justified and feasible if constructed in segments (phases) of independent utility. The MPO is leading this project and has established an Advance Funding Agreement with TxDOT. MPO will contract with the selected consultant upon establishing the Interlocal between MPO and the City. Matching funding is MPO/State (80%) and City (20%) plus administrative fees. 3 Project Scope Corpus Chr sti Capital Programs The PEL study evaluates the first two segments to identify the transportation needs, stakeholders, defines the corridor with potential impacts and mitigation options. This project also provides performance measures and serves as the interim step to a full National Environmental Policy Act (NEPA) Review. Total cost for the project is $863,068 • City's 20% share with administrative fees is $233,028; funding is from the Bond 2014 TxDOT Participation $2.5 M • MPO's 80% share is $690,454; funding from the TxDOT Category 7 HDR Inc. was selected as the project consultant by MPO in coordination with the City through the Houston -Galveston Area Council PlanSource process in December, 2014. 4 Project Scope dil Corpus Chr lti Capital Programs QUESTIONS? 5 Regional Parkway Concept dil Corpus Chr lti Capital Programs IIK. 7 Rendering of the Parkway Concept 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: May 19, 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 Debbie Marroquin, P.E. DebbieM@cctexas.com (361) 885-6924 Execute Design — Build Agreement Ayers Street CNG Station CAPTION: Motion authorizing the City Manager, or designee, to execute a Design — Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the Design — Build agreement with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3. BACKGROUND AND FINDINGS: On November 19, 2013, City staff presented a Policy for establishing standards and requirements for purchasing CNG (compressed natural gas) vehicles. The City Council discussed the fuel and maintenance cost savings and emission reduction for cleaner environment that is afforded through the use of CNG. The City Council approved the procurement of CNG vehicles based on the standards described in the Policy. The City is providing CNG not only for City fleets but also for commercial fleets and private customers. The private fleets include US Post Office, AT&T, Nueces County, Rail Road Commission of Texas, Republic Services, CC Disposal, and private customers. The demand of CNG has increased almost double from 17,000 GGE (Gasoline Gallon Equivalence) to 33,000 GGE since November 2013. This project proposes the construction of a public CNG station to meet the rising demands of City fleets, commercial fleets and private customers. K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX This is a design -build turnkey project that includes engineering, design, permitting, construction, testing and commissioning of a CNG refueling station. The design -build approach focuses heavily on the qualifications of the design -builder and its key team members as well as price and subsequently selects design -build teams that have a demonstrated history of successfully collaborating on similar projects. Furthermore, the design -build procurement method uses a process that encourages the early participation of key trade constructors allowing the team to meet the City's need of identifying "hard" contract costs and budget ceilings in the first stages of project development. This early participation by the contractor establishes whether the target budgets will provide the essential solutions required. To facilitate the for design -build construction of this CNG station, on January 12, 2015, the City issued Request for Qualifications (RFQ) 2015-01 soliciting qualifications and cost proposals for a Base Bid with two Additive Alternatives; Additive Alternative No. 1 for one year of maintenance, and Additive Alternate No. 2 for extended maintenance of two years. The contractors were required to provide a Base Bid within a budget of $1.5 MIL to include the minimum following requirements: • Two fast -fill island fueling stations with two service points each including fill hoses and internal credit card readers with fill times no greater that standard gasoline/diesel fill times. • Capacity for two (2) additional islands for future expansion. • New compressor station with redundant equipment and emergency back-up generator for potential loss of power. • Compliancy with all applicable State and Federal codes, regulations, and industry standards applicable to the operation and maintenance of the CNG fueling facility. • Permit preparation, submission and approval with all associated cost for required permits. • Training for the City's personnel for the operation, maintenance and repair of the facility. • Alternate Pricing Options, the contractors were authorized and encouraged to provide alternative pricing options to enhance the value of the facility. On February 18, 2015, the City received two (2) design -build team submissions for qualifications from Zeit Energy, LLC. from Dallas, Texas, and United Pump Supply Inc. from Houston, Texas. Both teams were determined qualified and invited to participate in further assessment. On March 18, 2015, the City received individually sealed Technical Proposals and Cost Proposals from both teams. After Technical Proposals were opened, it was discovered that United Pump Supply Inc. included their cost proposal information in their Technical Proposal. Pursuant to Texas Government Code section 2269.361, the City must first evaluate and score the technical proposal prior to considering the cost proposal. The City had to consider United Pump Supply's technical proposal as non-responsive, and therefore, United Pump Supply was disqualified. The Technical Proposal of Zeit Energy, LLC was evaluated and then the Cost Proposal was opened and evaluated. The firm of Zeit Energy, LLC. was selected based on qualifications and cost proposal with a Base Bid for new CNG facility, complete and in place, for $1,488,777.09 plus Additive Alternative No. 1 — $30,000, and Additive Alternative No. 2 — $60,000. Zeit Energy, LLC. also submitted six (6) alternate pricing options of which the following three were considered to add value and are recommended: Option 1 Compressor Station upgrade increasing from 200HP to 250HP that results in cost savings in electrical service, labor and maintenance. The higher HP increases the fill rates reducing the fill times, compressor run times and electrical service. $42,426.48 Option 2 Priority Panel Upgrade to increase from 1/2" to a 1" Priority Panel that results in cost savings in electrical service, labor and maintenance. The increased line capacity reducing fill times, equipment run time and electrical service. $11,629.92 Option 3 Storage Capacity Upgrade to increase Storage Tank size that results in cost savings. The higher capacity reduces compressor operations and allows faster fill times. $54,437.90 K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX ALTERNATIVES: 1. Authorize execution of the Design — Build contract. 2. Do not authorize execution of the Design - Build contract. (Not Recommended) OTHER CONSIDERATIONS: As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter H Design -Build Procedures for Certain Civil Works Projects, in considering a construction contract using a method other than competitive bidding, the City "must, before advertising, determine which method provides the best value". CONFORMITY TO CITY POLICY: This contract conforms to City Fiscal Policy, the City's Charter and the FY 2014-2015 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $600.00 $2,219,800.00 $2,220,400.00 Encumbered / Expended Amount $600.00 $600.00 This item $1,597,271.39 $1,597,271.39 Future Anticipated expenditures for this project $255,963.42 $255,963.42 BALANCE $0.00 $366,565.19 $366,565.19 Fund(s): Gas CIP 2014-2015; Seq. No. 04 & 05 COMMENTS: Funding for this project is coming from the approved Fiscal Year CIP under Gas Projects #04 Public Fill CNG Station and #05 Existing CNG Station Expansion. RECOMMENDATION: City Staff recommends the approval of the Design — Build contract with Zeit Energy, LLC. of Dallas, Texas in the amount of $1,597,271.39 for the Ayers Street CNG Station Project for the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3 with no Additive Alternatives for maintenance. LIST OF SUPPORTING DOCUMENTS: Project Budget K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX Location Map Presentation K:\ENGINEERING\LEGISTAR\9 - MAY 26, 2015\DESIGN BUILD AYERS STREET CNG STATION\ AGENDA MEMO - AYERS STREET CNG.DOCX PROJECT BUDGET ESTIMATE Design Build Services for the Ayers Street CNG Station (Project No. E15114) PROJECT FUNDS AVAILABLE: Gas CIP 2014-2015 $2,220,400.00 $2,220,400.00 FUNDS REQUIRED: Design - Build Services (Zeit Energy, LLC.) THIS ITEM 1,597,271.39 Contingency (10%) 159,727.14 Design Fees: Geotechnical Study and Materials Testing (Included in Contract) 0.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $ 15,972.71 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) $ 63,890.86 Finance $ 15,972.71 Misc. (Printing, Advertising, etc.) $ 1,000.00 TOTAL $1,853,834.81 ESTIMATED PROJECT BUDGET BALANCE $366,565.19 Ayers St. CNG Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS Design — Build Services Ayers Street CNG Station Corpus Chr "O Corpus Programs Council Presentation June 9, 2015 Project Scope Corpus Chr sti Capital Programs Base Bid within a budget of $1.5 MIL: • 2 fast -fill island fueling stations with two service with future capacity for two (2) additional islands • New compressor station with redundant equipment and emergency generator • Compliancy with all applicable codes, regulations, and industry standards • Permit preparation, submission and approval with all associated cost • Training for the City's staff on the operation, maintenance and repairs ❖ Alternate Pricing Options, the contractors were authorized and encouraged to provide alternative pricing options to enhance the value of the facility Award Recommendation Corpus Chr sti Capital Programs Recommended Award to Zeit Energy, LLC. From Dallas, Texas Base Bid - New CNG Facility (Design -Build) $1,488,777.09 Additive Alternative No. 1— One year maintenance (not recommended) $30,000.00 Additive Alternative No. 2 —Two years maintenance (not recommended) $60,000.00 Alternate Pricing Options —3 of 6 contractor suggested options are recommended that add value with overall cost savings to operations and maintenance Option 1 — Compressor Station upgrade (200HP to 250HP) providing faster fill rates reducing electrical service, labor and maintenance $42,426.48 Option 2 — Priority Panel Upgrade 1/2" to a 1" line providing allowing faster fill rates reducing electrical service, labor and maintenance $11,629.92 Option 3 —Storage Tanks Capacity increase that reduces compressor operations and allows faster fill times. $54,437.90 Total Award $1,597,271.39 Project Schedule Corpus Chr sti Capital Programs 2015 Jan Feb Mar Apr 22 Jun Jul ug Sep Oct No De Jan Bid & Award r Design / Construction Project Estimate: 195 Calendar Days N 6 Months Projected Schedule reflects City Council award in June 2015 with anticipated construction completion in January 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 9, 2015 Action Item for City Council Meeting June 16, 2015 DATE: 5/4/2015 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361-826-3898 Eddie Ortega, Director of Housing and Community Development EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Resolution amending City Council Policy No. 9 CAPTION: Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. PURPOSE: The purpose of amending Council Policy No. 9 is to; revise the language in section "f." which will allow Program Income generated from the Single Family Rehabilitation and Reconstruction Loan Program to be applied towards Affordable Housing Programs administered by the Housing and Community Development Department. The purpose is also to reaffirm the policy's commitment to the objectives and guidelines. BACKGROUND AND FINDINGS: The Housing and Community Development Department is requesting the passing of a Resolution amending City Council Policy No. 9. The amendment of the policy will revise the language regarding section f. of the current Resolution by allowing Program Income generated from the Single Family Rehabilitation Program to be applied towards the Affordable Housing Programs administered by HCD, as mandated by the U.S. Department of Housing and Urban Development. The Resolution will also reaffirm the policy's commitment to the objectives and guidelines. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required for the amendment of the resolution. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Council Policy No. 9 Resolution Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language in section f.; and reaffirming the objectives and guidelines of the policy. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby amends Council Policy No. 9, adopted by Resolution No. 21901 on March 22, 1994, and later amended by Resolution No. 026055 and 026571 on December 14, 2004 and December 20, 2005, respectively, Resolution No. 030000 on October 29, 2013, and Resolution No. 030365 on December 16, 2014 and revising the language of section f. to read as follows: "9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, affordable housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for affordable housing, appropriate streets and drainage, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Affordable housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Rcconstruction Loan Program Affordable Housing Programs administered by the Housing and Community Development Department, as mandated by the U.S. Department of Housing and Urban Development. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Housing and Community Development Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission." Section 2. The City Council hereby reaffirms its commitment to the objectives and guidelines contained in Council Policy No. 9, as amended by this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas day of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 26, 2015 Second Reading for the City Council Meeting of June 9, 2015 DATE: May 7, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at Property Address: 7321 South Staples Street (FM 2444) CAPTION: Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. PURPOSE: The purpose of this item is to rezone property to allow the commercial development of this property in conjunction with the property immediately to the north. RECOMMENDATION: Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Recommendation (March 25, 2015): Denial of the rezoning to the "CG -2" General Commercial District and, in lieu thereof, approval of a rezoning to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District on 0.826 acres of vacant land. The applicant has no specific plans for development at this time but is rezoning this piece of land so that it can be developed at a later date in conjunction with the property immediately to the north. The rezoning is consistent with the Comprehensive Plan and the Southside Area Development Plan. The rezoning is compatible and maintains character with the adjacent uses to the north, south, east, and west, which include residential and commercial uses. The rezoning does not have a negative impact on the surrounding neighborhood. The subject property is physically separated from the single-family lots to the south by an alley within the Buckingham Estates subdivision. According to the applicant, the applicant met with members of the Buckingham Estates subdivision after the March 25th Planning Commission meeting. The neighborhood's concerns related to not wanting a dumpster within 50 feet of the residential property line, offensive lighting and signage. Staff understands that the applicant agreed to impose a deed restriction to limit the dumpster's location if the "CG -2" General Commercial District is approved. The applicant also discussed with the staff that the Unified Development Code limits the height of freestanding light poles to 15 feet if they are within 50 feet of a residential property and that the signage limitations do not differ between the "CG -2" General Commercial and "CN -1" Neighborhood Commercial zoning districts. ALTERNATIVES: 1. Approve the "CG -2" General Commercial District. 2. Deny the requested "CG -2" General Commercial District and, in lieu thereof, approve the "CN -1" Neighborhood Commercial District. 3. Deny the request for a commercial zoning district altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: 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 for "CG -2" General Commercial District Ordinance for "CN -1" Neighborhood Commercial District Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doxa Enterprises, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, and on Tuesday, May 26, 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 Doxa Enterprises, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street (the "Property"), from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 045032), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property and Exhibit B, which is a location map 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 official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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 0315-01 Ordinance — Doxa Enterprises, LP Page 2 of 4 LEGAL DESCRIPTION OM ACRE TRACT A 9.85 ACRE TRACT OF LAND 00`x' OF A 4,639 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2007021581, DEED RECORDS, NTUhCES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING ata calculated mint for the most westerly corner of Lot 1B, Block I, Rogers Subdivision, as recorded in Volume 68, Page 54, Map Records, Nueets County, 'Texas, for the north earner of the (herein described tract; THENCE South 61"(12`33" East, with the south line of said Lot IB, a distance of 610.00 feet to the beginning u curve to the left with a radius of 10.00 feet, and a delta angle of 9O°00'00", For u corner of the herein described tract; THENCE in a northeasterly direction with said curve to the left, and the southerly litre of said Lot 113, an arc distance of 15.71 feet to a calculated point on the westerly right -of way line of South Staples Street for a corner of the herein described tract and a earner of said Lot 1R; THENCE South 28'57'27" West, with said westerly Zine of South staples street, same being the easterly Tine of said 4.689 acre tract, a distil MCe of 70_[)0 Feer .o a calculated point on the aforementioned westerly right-of-way line of South Staples Street, for the most sDuthcrly comer of the herein described tract and the most southerly corner of said 4.689 acre tri; THENCE North 61 °02'33- West, with south line of said 4.689 acre tract, a distance of 620.00 feet to a calculated pint for the west earner of the herein described tract and the west corner of said 4.689 acre tract THENCE North 2851'27" west, with west line of said 4439 acre tract, a distance of 60.70 fejt to the POINT OF BEGINNING and containing 37,221.5 square fiat or 0.85 acre of laird. NOTE: THIS DESCRIPTION WAS PREPARED HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY, ALL BEARINGS ARE BASED ON DEET( BEARINGS AS RECORDED IN DOCUMENT NUMBER 2,007021 81, DEED RECORDS, NIECES COUNTY, TEXAS. Stacey gMora, RPI:S Registered Professional Land Surveyor Texas Registration No_ 6166 Naismith I?ngincering, Inc_ TBPE F#355 TBPLSt1l00395-00 Date'1w,_, 9e14449Fle onrnglAM Lf—CAP.oeSCRrP TON 0.96 Air& PaceIdace Exhibit A 0315-01 Ordinance— Doxa Enterprises, LP 1 :•f1 Page 3 of 4 `SUBJECT PROP TY mea LOCATION MAP 1 City of .� Corpus Christi RS -6 SP/15-03 SUBJECT PROPERTY Date Created. 3/70/2015 Prepared By. feremym Department of Development Services CASE: 0315-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 06 Professional Offico RM -AT Multifamily AT CNA Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CRD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial iH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Exhibit B 0315-01 Ordinance — Doxa Enterprises, LP Page 4 of 4 Ordinance amending the Unified Development Code ("UDC"), upon application by Doxa Enterprises, LP ("Owner"), by changing the UDC Zoning Map in reference to 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doxa Enterprises, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 25, 2015, during a meeting of the Planning Commission, during which the requested "CG -2" General Commercial District was denied, and on Tuesday, May 26, 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 Doxa Enterprises, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 045032), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property and Exhibit B, which is a location map 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 official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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 Doxa CG -2 Ordinance revision Page 2 of 4 LEGAL DESCRIPTION 0.913 ACRE TRACT A 9.85 ACRE TRACT OF LAND OUT OF A 4,639 ACRE TRACT OF LAND AS RE CORDED 11i DOCUMENT NUMBER 200702 ( 581, DEED RECORDS, N'UhCES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING ata calculated mint for the most westerly corner of Lot 1B, Block I, Rogers Subdivision, as recorded in Volume 68, Page 54, Map Records, Nueets County, 'Texas, for the north corner of the (herein described tract; THENCE South 61"(12`33" East, with the south line of said Lot IR, a distance of 610.00 feet to the beginning a curve to the left with a radius of 10.00 feet, and a delta angle of 90°00'00", For u corner of the herein described tract; THENCE in a northeasterly direction with said curve to the left, and the southerly litre of said Lot 113, an arc distance of 15.71 feet to a calculated point on the westerly right -of way line of South Staples Street for a corner of the herein described tract and a earner of said Lot 111; THENCE South 28'57'27" West, with said westerly Zine of South staples Street, name being theeastcrly tine of said 4.689 acre tract, a distaRIC e of 70_[)0 Feer .Rya calculated point oir the aforementioned westerly right-of-way line of South Staples Street, for the most sDuthcrly comer of the herein described tract and the most southerly corner of said 4.689 acre tri; THENCE North 61 °02'33- West, with south line of said 439 ac rr tract, a distance of 620.00 feet to a calculated pint for the west corner of the herein described tract and the west corner of said 4.689 acre tract THENCE North 2E91'27" West, with west line of said 4439 acre tract, a distance of 64.00 fejt to the POINT OF BEGINNING rind containing 37,221.5 square feet or 0.85 acre of laird. NOTE: THIS DESCRIPTION WAS PREPARED IN HOUSE WITHOUT A FIELD SURVEY OF THE PROPERTY DESCRIBED HEREON AND IS FOR DESCRIPTIVE PURPOSES ONLY, ALL BEARINGS ARE BASED ON DEET( BEARINGS AS RECORDED IN DOCUMENT NUMBER 2007021=1 11, DEED RECORDS, NIECES COUNTY, TEXAS. Stacey g lora, RPLS Registered Pro fcssianal Land Surveyor Texas Registration No_ 6166 Naismith I?ngincering, Inc_ TBPE F#355 TBPLS#100395-00 Date'1w,_, 9e00t9Ae2onrnphlg.EirfGALo=SerirTiON0.96Acre PaceIdace 101 Exhibit A Doxa CG -2 Ordinance revision Page 3 of 4 `SUBJECT 4. PROP TY F40-2,14 LOCATION MAP 1 City of .� Corpus Christi RS -6 SP/15-03 SUBJECT PROPERTY Date Created. 3/70/2015 Prepared By. feremym Department of Development Services CASE: 0315-01 SUBJECT PROPERTY WITH ZONING Fr Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 06 Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CO -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Exhibit B Doxa CG -2 Ordinance revision Page 4of4 PLANNING COMMISSION FINAL REPORT Case No. 0315-01 HTE No. 15-10000009 Planning Commission Hearing Date: March 25, 2015 Applicant & Legal Description Applicant/Representative: Craig B. Thompson, P.E. (Naismith Engineering) Owner: Doxa Enterprises, LP. Legal Description/Location: Being 0.826 acres out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 0.826 acres Purpose of Request: To allow a commercial use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Commercial North "CG -2" General Commercial Vacant Commercial South "PUD" Planned Unit Development Single -Family Residential Single -Family Residential East "CG -2" General Commercial Commercial Commercial West "RS -6" Single -Family Single -Family Residential Single -Family Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District remains consistent with the adopted Future Land Use Plan. Map No.: 045032 Zoning Violations: N/A Transportation Transportation and Circulation: The subject property has approximately 70 feet of street frontage along South Staples Street (FM 2444), which is an "A- 3" Primary Arterial Divided. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) South Staples "A-3" Primary 130' ROW 95' ROW 20,339 Street Arterial Divided 79' paved 64' paved ADT (FM 2444) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow commercial uses. Development Plan: The applicant has no plans for development at time of application, but to develop this property in conjunction with the property immediately to the north. Existing Land Uses & Zoning: The current use of the property is vacant. North and east of the subject property is a commercial business zoned "CG -2" General Commercial District. South and west of the subject property are single-family dwellings zoned "RS -6" Single Family 6 District and a "PUD" Planned Unit Development (Buckingham Estates). 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 Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning of the 0.826 acre property to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. Plat Status: The subject property is not platted. Department Comments: • The rezoning is consistent with the Comprehensive Plan and the Southside Area Development Plan. • The rezoning is compatible and maintains character with the adjacent uses to the north, south, east, and west, which include residential and commercial uses. • The rezoning does not have a negative impact on the surrounding neighborhood. • The subject property is physically separated from the single-family lots to the south by an alley within the Buckingham Estates subdivision. Staff Report Page 3 Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Recommendation (March 25, 2015): Denial of the rezoning to the "CG -2" General Commercial District and, in lieu thereof, approval of a rezoning to the "CN -1" Neighborhood Commercial District. Public Notification Number of Notices Mailed — 25 within 200 -foot notification area 12 outside notification area As of May 7, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 1 outside notification area Totaling 4.01% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Copy of Public Comments Submitted SP/95-43 4.4t***ktiff C/G-2 SUBJECT PROPERTY CG - Fee Owe Cleared: 3/10/2025 Prepared By: Jeremym Department of Devefopmenr Services CASE: 0315-01 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily3 ON Professional Office RM -AT Multifamily AT CH -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commerllal CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Der- Overlay RS -10 Sing Ic-Fa mily 12 RS -5 Single -Pam I lyfi RS -4.5 Single -Family 4.2 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS•TH Townhouse 5p Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Sdjea PrWilyO ners are 200,ander�� favor 4 Qrndr5 widhin 2W' listed anOwners adtsChe0atraerye0/ labfe X jn °ppcswon Staff Report Page 4 Persons with disabilities planning ( ttend this meeting, who may require spe services, are requested to contact the Development Services Departn‘.:iit at least 48 hours in advance at (361) 82u-.240. Personas con incapacidades, •ue tienen la intention de asistir a esta 'unta 'ue re+uieren servicios es+eciales se les su'tica +.Je den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durance la junta v su inoles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0315-01 Y?eCecUec@ cjt— �nea,uv� S/25/t5 Doxa Enterprises, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as: Being a 0.826 Acre out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 25, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Tr ) V �r M 17 u (1 Address: �I) St'{ clfru1 -1)- ( ) IN FAVOR ( IN OPPOSITION REASON: We wn4ersfanL 11 eo i s -Ole Own.ey 0"F Vr617C1t). -t, owns !<m-i-� a-4. 1 -eta -I" p` 10i ltiards business . Inti_t1�+ frr�-ha lnce� USjvIYZS� Owt- pa 1� c c I d� + (-41.1-1. I l Pari~ o -F n o r rria 1 b OtNI'dovY po-fi`a : noise t S fwa��1 l o u� b 4fc t...,(1 / , 1 } 6' f .�1,: s -�ee • �� u c �,�. lam. -TiJ ..��(.r °As 8 for .,a -Ml r{ - �� , yle Les h La Intiefren-4" rive 't. Signature1. ICS SEE MAP ON REVERSE SIDE b.,stKrsres. A I t (uMre.,cir(At O.I ttiSinesS �a�^ SaJ Property Owner ID: 3 k a 5 i"� t< r CCh N {fe f 'i 7 r 1-/ � - q�'1 6°Vol Case No. 0315-01 HTE# 15-10000009 n Rha -fie r - u -1-,- e -- m to tine 0,n 09,- hvrL i S 5} Sir►g[Project anager: 1 S sttev4ve:d + ..p,„1,pv►11 5 ks5 tiaut b -T LI) 0 SC I. t to 4\'r ld D 4 ti.Rn5 / Fi Al VDL‘Ut City/State: 1, il lis C r I S fi V Phone: 64 q — 9 2-15 Persons with disabilities planning t tend this meeting, who may require spe services, are requested to contact the Develrgpment Services Departmthtt at least 48 hours in advance at (361) 82b 3240. Personas con incapacidades, que tienen la intencidn de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de is junta Ilamando al departamento de servicios de desarrollo, al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su _ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (3611826-3240 al menos 48 horn- tes-cte la luntaparaiolieitaR un interprete ser presente durante la junta. n r r - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0315-01 MAR 19 2015 DEVELOPMENT SERVICES SPECIAL SERVICES Doxa Enterprises, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as: Being a 0.826 Acre out of Lots 7 and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tract, located west of South Staples Street (FM 2444) and south of Henderson Street. The Planning Commission may recommend to City Council approval or denial, or approval of different Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 25, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street, You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMEN r SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: pzmA_ It() ( ) IN FAVOR IN OPPOSITION REASON: (2A14( tbUA SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 15-10000009 City/State: Phone: 3 / 77J'> r Signature Case No. 0315-01 Project Manager: Steven Rhea BUCKINGHAM ESTATES ASSOCIATION P.O. Box 271646 Corpus Christi, Texas, 78427-1646 March 19, 2015 Planning Commission City of Corpus Christi 120I Leopard Street Corpus Christi, Texas 78401 Dear Planning Commission Members, The purpose of this letter is to provide comments regarding City Planning Commission Public Hearing Notice for Rezoning Case Number 0315-01, which is scheduled for Public I tearing on 25 March 2015. 1 am writing this letter in my capacity as Buckingham Estates Homeowners, Association President, because previously -scheduled out-of-state business -travel obligations make it impossible for me to appear in person at the 25 March hearing. Buckingham Estates is a 168 -lot gated residential development located at the intersection of South Staples Street and Yorktown Boulevard, and immediately adjoining the property at issue in this case. Consequently, the proposed rezoning action affects the entire development and not merely the homes and lots physically located within the standard 200 -foot distance which comprises the normal area for mailing of City rezoning notices. Unfortunately, the relatively short time available between receipt of City notices (by the small subset of Buckingham Estates owners who actually received a mailed notice. post marked 13 March), and the 25 March hearing, has complicated the challenge of notifying all Buckingham Estates homeowners and obtaining individual comments and signatures from each owner. Consequently, the Association Board of Directors made the unanimous decision to send this letter as the most practical means of providing the Planning Commission with the consensus views of all 168 Buckingham Estates property owners. Those facts and concerns are as follows: I) The current FR zoning of the property in question in this case has existed for a period of decades, and certainly since the time Buckingham Estates was originally developed in the early 1980s. 2) The FR -zoned property has thus been a long-standing, integral factor in defining the status quo nature of the Buckingham Estates development as a gated residential property adjoined on its non -Staples and non -Yorktown sides by other single-family detached homes -- but which does not directly abut any commercial facility. The FR -zoned property in question has thus historically served as a de facto buffer zone between the Buckingham Estates development and any potential future commercial facility which might understandably be constructed along Staples Street within the more remote (i.e., northern) CG -2 -zoned portion of the larger lot in question in this case (of which the FR - zoned portion forms the southern boundary). 3) Rezoning the FR -zoned property in question for CG -2 use will potentially change the nature and curb -appeal property values of the Buckingham Estates development, by making it possible to construct a commercial facility directly up against the Buckingham Estates north fence (i.e., the fence which abuts the FR -zoned property in question). 4) Based on Table 4.5.2 of the City's Unified Development Code, examples of the most concerning types of CG -2 -zoned facilities that could be constructed immediately up against the Buckingham Estates fence (i.e., without benefit of the existing FR -zoned buffer) include such facilities as bars, restaurants, convenience stores, service stations, multi -family apartments, etc. (with all the attendant traffic, noise, and potential after- hours activities which might predictably accompany such commercial use developments). 5) Such an end result would completely alter the existing nature of the Buckingham Estates development. It would negatively impact the implicit promise of "peace and quiet living" which provides much of the appeal to potential buyers of Buckingham Estates homes. That in tum has genuine potential to negatively affect our future property values. 6) The fact of the current FR zoning status of the properly in question provides an obvious constraint on its developmental use. However, that constraint is not new; it represents a decades -long status quo condition. That constraint is something which predates the current property owner's ownership, so the current property owner was not ignorant of the constraint at the time of purchase. Therefore, retaining the existing•1'R zoning designation inflicts no harm to, and imposes no new constraints uponthe current owner. Bottom Line: It appears clear to the homeowners of Buckingham Estates Association that the fairest -possible resolution to this matter for all parties involved is to retain the FR zoning status of the property in question and disapprove its rezoning to CG -2 use. Should you need to contact me regarding this issue, my email is; craiu.kIeint(att.net my home number is 361-985-6310, and my cell phone number is 619-384-3737. Sincerely, Craig S. Kleint President, Buckingham Estates Association Aerial Overview Aerial AGENDA MEMORANDUM First Reading for the City Council Meeting of June 9, 2015 Second Reading for the City Council Meeting of June 16, 2015 DATE: May 27, 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 Waldron Road from Caribbean to Glenoak BOND 2014 Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton Texas, in the interest of the public; determining the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to execute a contract with Berry Contracting, LP — dba Bay LTD of Corpus Christi, Texas in the amount of $2,580,631.90 for Waldron Road from Caribbean Drive to Glenoak Drive Project (BOND 2014). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bay LTD, for the Waldron Road BOND 2014 project. BACKGROUND AND FINDINGS: This project will consist of full -depth repair of a five lane roadway section (four travel lanes and a continuous center turn lane) as a secondary arterial (A2). Improvements will include curb and gutter, sidewalks (as required), ADA curb -ramps and pavement markings. Utility improvements include C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@64050A43\@BCL@64050A43.DOCX underground storm water, water distribution and sanitary sewer system, and various franchise utility relocations (as required). On February 25, 2015, the City received proposals from four (4) bidders: Contractor Total Salinas Construction Technologies, LTD Pleasanton, Texas $2,485,647.98 Berry Contracting LP. DBA Bay LTD Corpus Christi, Texas $2,580,631.90 Haas -Anderson Construction LTD Corpus Christi, Texas $3,099,951.00 Reytec Construction Resources Houston, Texas $3,476,525.50 The City is required to award contracts to the lowest responsible bidder pursuant to section 252.043 of the Local Government Code. In determining a contractor's responsibility, the City considers the contractor's capability, supervision, safety, capacity, ability to maintain project budget and project schedule, past and current performance, equipment and experience with the type of project. After the bids were opened, the City asked the 3 apparent low bidders to submit a Statement of Experience to the City to be considered in their responsibility determination. The City's engineer, Urban Engineering, conducted a bid analysis of the four (4) proposals submitted in response to the City's bid solicitation and a responsibility review of the 3 apparent low bidders. Urban Engineering recommended Bay Ltd as the lowest responsible bidder for the project. The City has reviewed the recommendation along with additional information affecting the present responsibility of Salinas and finds that there are serious and compelling reasons to justify rejecting Salinas' bid for the project and awarding to Bay Ltd as the lowest responsible bidder. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@64050A43\@BCL@64050A43.DOCX FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $712,600.00 $1,416,750.00 $2,129,350.00 Ordinance 1,495,352.00 1,495,352.00 Total Budget $712,600.00 $2,912,102.00 $3,624,702.00 Encumbered / Expended Amount 712,600.00 0.00 712,600.00 This item 0.00 $2,580,631.90 $2,580,631.90 Future Anticipated Expenditures This Project 0.00 305,078.89 305,078.89 BALANCE $0.00 $26,391.21 $26,391.21 Fund(s): ST 14 Comments: Funds for utility requirements have been set aside through three existing projects to repair and/or replace utility lines associated with Bond Issue projects. RECOMMENDATION: City staff recommends that the construction contract be awarded to Bay LTD of Corpus Christi, Texas in the amount of $2,580,631.90 for Waldron Road from Caribbean to Glenoak to 2014 for the total base bid. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@64050A43\@BCL@64050A43.DOCX Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction Technologies Ltd. of Pleasanton Texas, in the interest of the public; determining the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager or designee to execute a contract with Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Glenoak Drive Project (Bond 2014). WHEREAS, this contract had to be competitively bid based upon a procurement method authorized by state law, in accordance with Article X, Sec. 2, of the Charter of the City of Corpus Christi ("the Charter"); and WHEREAS, the Project is for construction of a street + drainage + utilities project that is associated with civil engineering construction; and WHEREAS, the engineer's probable estimate for the Project is approximately $2,195,800.00 and therefore, the competitive sealed bidding requirement applied to the contract. See Tex. Loc. Gov't Code Ann. § 252.021; and WHEREAS, the City advertised for bids in the Caller Times newspaper once in each week for two consecutive weeks, inviting competitive bids or proposals in accordance with the Charter. Art. X Sec. 2(c), Charter of the City of Corpus Christi and in accordance with the notice requirements under Subchapter C of Chapter 252, Texas Local Government Code; WHEREAS, at the time announced in the advertisement notice, 2:00 pm on Wednesday, F I ria y 25; 2rI'i=a, he tads vuere opened ani tl a ariadunts l ad a1©uc , which was chine iri-fhe presence of those city employees of the Department of Capital Programs who are designated to handle bid solicitations and bid openings,and in the presenceof those bidders desiring to be present; and WHEREAS, the City received 4 bids from (1) Salinas Construction Technologies Ltd of Pleasanton, Texas for $2,485,648.31; (2) Berry Contracting LP dba Bay Ltd. of Corpus Christi, Texas for $2,580,631.90; (3) Haas -Anderson Construction Ltd. of Corpus Christi, Texas for. $3,099,951.00; and (4) Reytec Construction Resources, Inc. of Houston, Texas for $3,476,525.56; WHEREAS, State law provides that if the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder. Tex. Loc. Gov't Code § 252.043(a); WHEREAS, State law also provides that a contract must be awarded to the lowest responsible bidder if the competitive sealed bidding requirement applies to the contract for the construction of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or (2) buildings or structures that are incidental to projects that are primarily civil engineering construction projects. Tex. Loc. Gov't Code § 252.043(d); and WHEREAS, the City notified all bidders in its bid documents, specifications and contract requirements that the contract will be awarded to the lowest responsible bidder; WHEREAS, State law provides that the "governing body may reject any and all bids." Tex. Loc. Gov't Code § 252.043 (f); WHEREAS, the City's Charter provides that "[t)he City shall always have the right to reject any and all bids or proposals." Art. X Sec. 2(c), Charter of the City of Corpus Christi; WHEREAS, the City notified all bidders in its bid documents, specifications and contract requirements that the City reserves the right to reject any and all bids; WHEREAS, the City notified all bidders In its bid documents, specifications and contract requirements that the City may reject a bid for poor performance in execution of work under a previous City of Corpus Christi contract; WHEREAS, the City's Charter provides that "[tjhe Council shall determine the most advantageous bid or proposal for the City." Art. X Sec. 2(c), Charter of the City of Corpus Christi; WHEREAS, Salinas Construction Technologies Ltd. ("Salinas") was the apparent lowest bidder, Berry Contracting LP dba Bay Ltd. ("Bay") was the apparent second lowest bidder; and Haas - Anderson Construction Ltd. ("Haas") was the apparent third lowest bidder; WHEREAS the ..0 's Consultant Engineer for the Project has investigated the n1 [ra ernent, performance, quality, and other issues affecting the present responsibilities of Salinas, as detailed in the Consultant's recommendation, attached as Exhibit A; WHEREAS, Salinas had an opportunity to respond to the Consultant's recommendation, has met with the City to discuss the issues affecting their present responsibility and has had additional opportunities to present documentation to support their position, attached as Exhibit B; WHEREAS, Salinas was awarded the Horne Road -- Ayers Street to Port Avenue Project (Project No. E12100) on August 26, 2014, and their current performance on that project is unsatisfactory, as detailed in the letters from the City's Consultant Engineer for the Home Road project, attached as Exhibit C; WHEREAS, Salinas disclosed on their Statement of Experience that they are currently in litigation with the City of Seguin, Texas. The pleadings filed by Salinas on November 19, 2013, and by the City of Seguin on November 18, 2014, are attached as Exhibit D; and WHEREAS, the City has reviewed and finds that there are serious and compelling reasons. affecting the present responsibilities of Salinas to justify rejecting Salinas' bid for the Project and not considering Salinas for award of the contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The amounts of $200,000 from Fund 3551 Street 2015 GO Project #E13100 Santa Fe from Elizabeth to Hancock, $953,920 from Fund 4097 Water 2015 CIP Fund Project #E14065 Future Programmed Utility Support, $202,880 from Fund 4254 Wastewater 2015 CIP Project #E14015 City -Wide Collection System Indefinite Delivery/Indefinite Quantity Program and $138,552 from Fund 3497 Storm Water 2013 Revenue Bond Project#E12146 Storm Water Lifecycle Pipe Rehabilitation and Replacement are transferred and appropriated into the Waldron Road from Caribbean Street to Glenoak Project (Bond 2014). Section 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to increase expenditures in the amount of $1,495,352. Section 3. The above and foregoing recitals are hereby found to be true and correct and are incorporated as findings of fact. After reviewing the information contained within the attached exhibits, the City Council further finds and determines: 1. The Waldron Road project (Project No. El 3099) is a major arterial feeder road to the Flour Bluff Independent School District facilities, and it is very important that the project schedule be maintained in order to minimize disruption to school traffic and activities. 2. Salinas has demonstrated a lack of performance in maintaining project schedules, which directly impacts residents, businesses and the traveling public. 3. The Waldron Road project design has been optimized to minimize construction delays and incorporates local methods of construction, cement stabilization of existing base and sand, in an area with a high- water table that requires local knowledge=and xperience 4. Salinas has demonstrated a lack of successful experience with proposed construction techniques in areas close to the Waldron Road project. -5. Salinas completed -Greenwood" Drive StreetImproVements, Phase 1 "(Project.No.'6277)"" behind schedule with quality issues and failed to properly follow plans and specifications: 6. Salinas completed Garcia Arts Education Center Area Street Improvements (Project No. 6133/6134) behind schedule with quality issues and failed to properly follow plans and specifications. 7. Salinas completed Jamaica Street (Project No. 6139) behind schedule with quality issues. 8. The Azores/Catcay project (Project No. 6156/6155) and Jamaica Street project (Project No. 6139) resulted in months of litigation to resolve outstanding issues with delayed completion, quality, drainage, ADA violations and failure to properly follow plans and specifications. 9. Salinas is currently behind schedule on Horne Road Construction (Project No. E12100) and does not have or has not committed the necessary resources to put the project back on schedule. 10. Salinas is currently behind schedule on a TxDOT project for ramp reversals in Gregory, Texas and does not have or has not committed the necessary resources to put the project back on schedule. 11. The City of Seguin filed a failure to perform complaint with Salinas' bonding company and is currently in litigation with Salinas and their bonding company. Section 4. City Council has determined that Salinas is not a responsible bidder, and is therefore, not the lowest responsible bidder in accordance with Section 252.043 of the Local Government Code. As such, a contract cannot be legally awarded to Salinas. Section 5. As the City has the right to reject any and all bids, and, as it is in the best interest of the City to reject Salinas' bid for the Project, Salinas' bid received on February 25, 2015, for the Project is hereby rejected in the interest of the public. Section 6. It is in the City's best interest to declare Bay to be the lowest responsible bidder whose bid is the most advantageous to the City for the Project. Section 7. In accordance with Section 252.043, which requires the City to award this contract to the lowest responsible bidder, the City Council determines that Bay is the lowest responsible bidder and therefore the successful bidder for the Project. Section 8. The City Manager or designee is authorized to execute a contract with Berry Contracting LP dba Bay Ltd in the amount of $2,580,631.90 for the Waldron Road from Caribbean Drive to Gienoak Drive Project. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor EXHIBIT A Consultant's Recommendation Urban Engineering's recommendation as to the responsibilities of the 3 apparent lowest bidders for Waldron Road from Caribbean Drive to Glenoak Drive (Bond 2014) (City Project No. E13099) March 5,2015 Jerry Shoemaker, P. E. City of Corpus Christi P 0 Box 9277 Corpus Christi, Texas 784699 Subject: Waldron Road from Caribbean Drivelo Gienoak Drive (Bond 20141 City Project No.: E13099 Dear Jerry: Job No.42848.00.00 TRANSMITTED VIA EMAIL. AND ORIGINAL MAILED Pursuant to Section 00 4516 Statement of Experience; Urban Engineering has reviewed the two supplied experience records from two low bidders. The third low bidder has not submitted their experience record and is therefore disqualified from consideration of award of the Waldron Road (E13099) Bond 2014 protect. The two low bidders that have submitted experience records are from Salinas Construction Technologies, LTD and Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bids and experience records as submitted and provide the following recommendation. Salinas Construction Technologies has current contracts with the City, of Corpus'Christi (Horne . Road) and Texas Department of Transportation (Gregory ramp reversal). These projects are behind scheduleand=the.cantractar does_nothamarilakno of mitte2nd resources_to tut projects back an schedule. On another project In a area tt eetairlicip'alitywitlrwhom iinas Construction Technologies is contracted has been forced to file a failure to perform complaint with the bonding compaly. This project Is currently in Litigation. The last project completed by Salinas Construction Technologies for the City of Corpus Christi was the Greenwood Project in 2002030 which was also completed behind schedule. Additional Information provided in the experience record indicates projects with TxDOT that have been completed were also behind schedule. The Waldron Road project for which contract award is being considered is a major arterial feeder road to the Flour Bluff Independent School District facilities. Project scheduling is a critical element and has been established to accomplish, to the extent possible, work In the summer months to minimize disruption to school traffic and activities. The allotted project days are very short and the awarded contractor will be required to devote significant resources and capabilities to complete within the stipulated contract days. Project design is also optimized to minimize construction delays. The design Incorporates local methods of construction, cement stabilization of existing base and sand, In an area with a high water table that requires local knowledge and experience. The experience record indicates that Salinas Construction Technologies does not have demonstrated resources or capacity to accomplish required work within mandated schedules nor does it have requisite experience working with and in the materials particular to this project location and design. (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.v.uri;taneng.com TBPE Firm #145 TBPLS Rrm #10032400 FAX (361)854-6001 Urban Engineering does not recommend award of the Waldron Road project E13099 to Salinas Constructions Technologies based on the following reasons. 1. Demonstrated lack of performance in maintaining schedule on an on-going project with the City of Corpus Christi and others. 2. Non-performance and current disbarred status with another municipality due to current litigation. 3. Lack of experience with proposed construction techniques. The reasons stated above are sufficient under Section 00 2113, Article 21 Rejection of Bid, paragraphs 21.01 and 21.02 to warrant the City of Corpus Christi's rejection of the bid from Salinas Construction Technologies. Urban Engineering recommends award of the Waldron Road Project E13099 to the second low responsive bidder, Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bid and experience records of Berry Contracting, LP Bay LTD, and is of the opinion that they have the requisite experience, resources and capabilities to perform the contract as bid and scheduled. MFH/ek Enclosure xc: Salinas Constructions Technologies, LTD Berry Contracting, LP - DBA Bay LTD Sincerely, URBAN ENGINEERING '1/4 Murray F. Hudson, P. E. EXHIBIT B Documentation provided by Salinas Construction Technologies, LTD for consideration of Waldron Road from Caribbean Drive to Gienoak Drive (Bond 2014) (Project No. E13099) 1. Form 00 45 16 Statement of Experience 2. Letter from Attorney Abel Herrero with attachments, dated March 17, 2015 3. Letter from Attorney Abel Herrero, dated April 23, 2015 00 4516 STATEMENT OF EXPERIENCE ARTICLE 1-- REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included In an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. ARTICLE 2— EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. .2,02_ - If hone of the three apparent low Biddersare zleemed_responsibier the ownermay notify the nein apparenf love Bjdders in order, who vuill`theen be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. ............ 103 TheBidderisresponsiblefor the .accilracy acid completeness s afatiof-the Trn of rrnation provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide information on the experience of proposed key personnel. A. Provide information on the key personnel that will be actively working on this Project in Tables 3 through 6. Key personnel include the Project Manager, Project Superintendent, Safety Manager, and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. if the individual is not to be devoted solely to this Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide information on an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide biographical information for each primary and alternate candidate as an attachment that includes: technical experience, managerial experience, education and formal training, and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements in this Statement of Experience should also be included. Bidders are to include a list of the current project assignments for each of the individuals proposed, the anticipated completion date for this assignment, and the percentage of the time they will have available to devote to this Project to demonstrate their availability for this project, D. The Project Manager and Project Superintendent must have at least 5 years' recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements, and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years' recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization and ......... :._ .ey=Persorfrte ;.: _ ___ __ A. Provide a list of projects currently under construction and projects completed by the .Organization in the last..5 years using copies .of..Table 7. -Highlight the project information that demonstrates the experience of Bidder with similar projects and the experience of proposed Key Personnel. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization and for proposed Key Personnel, that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering, and any non -responsiveness of the Bidder to Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. 2.07 The Owner will consider any percentages in excess of 15 percent of change orders for. projects as an indicator of ability to complete Projects within the Contract Price.. Provide a tabulation of budget performance on all projects completed by the Bidder within the last 5 years on Table 8 to demonstrate the ability of the Bidder to complete projects for the Contract Price. Lines may be added beneath project change order breakdowns to add explanatory comments. 2.08 Provide information to demonstrate the ability of the Bidder to complete projects on time. Bidders are to provide a tabulation of all projects completed by the Organization within the last 5 years on Table 9 to demonstrate performance in completing projects on time. Comments may be added to the tabulations to indicate the reasons for amending completion dates. 2.09 Provide information to demonstrate the ability of the Bidder to provide subcontracting opportunities that will meet the Owner's established goals for Minority, MBE, and DBE participation in the Project. List all Work to be performed by qualified Minority, MBE, and DBE proposed Subcontractors or Suppliers in Table 10. Include percentages of Work subcontracted to each to demonstrate compliance with Owner's stated goals. ARTICLE 3 —STATEMENT OF EXPERIENCE REQUIREMENTS 3.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 3.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all infor_matin►Lreg ed:.to_evaluate the Bid and; should match the: content of the printed copyof the Bid. When creating the digital copy: A. Create PDF documents from native format files. B Rotate pages so that the top of the document appears at the top of the file when opened In PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014j, Project E13099 Table 1— Organization Information Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD Business Address of Principal Office3734 FM 3006 PLEASANTON, TX 78064 Telephone No. 830-281-3500 Website N/A arm of Business (check one El Corporation X Partnership 0 Individual oration State of Incorporation N/A Date of incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name Date of Organization AUGUST 1993 Form of Partnership: El General X Limited Name N/A Ownersof.Organ izatron List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent .Drga0iza List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date SALINAS CONSTRUCTION TECHNOLOGIES, INC AUG. 1993 DEC. 2003 SAUNAS CONSTRUCTION TECHNOLOGIES, LTD DEC. 2003 PRESENT dicators of Organization 5 . Average number of current full-time employees 90 Average estimate of revenue for the current year $16,000,000.00 Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Statement of Experience Waldron Road—Carlbean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 1 -Organization information ZURICH AMERICAN INSURANCE CO. Surety is a corporation organized and existing under the laws of the state of TEXAS Is surety authorized to provide surety bonds in the State of Texas? Is surety fisted in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury? Mailing Address (principal place of business) Physical Address(principal place of business) X Yes ❑ No X Yes ❑ No P.O. BOX 968022 SCHAUMBER, IL 60196 SAM E Telephone (Main) 800-654-5155 Telephone (for Notice of Claim) SAME Local Agent for Surety TIME INSURANCE AGENCY Address for Local Agent 1405 E. RIVERSIDE DR AUSTIN, TX 78741 Telephone for Local Agent 800-440-0989 surance - Name of Insurance Provider Time Insurance Agency Provider is a corporation organized and existing under the Taws of the state of TEXAS Is Provider licensed or authorized to issue insurance policies in the State of Texas? Does Provider have an A.M. Best Rating of A -VIII or Better? Mailing Address (principal place of business) 1405 E. Riverside Drive Austin, TX 78741 X Yes ❑ No X Yes ❑ No Physical Address(principal place of business) SAME Telephone (Main) 512-637-9740 Telephone (for Notice of Claim) SAME Local Agent for Provider Janie Schick Address for Local Agent SAM E -Telephoneforthcal Agent -- SAME-= ancial Sumary jn_formatioi Date of Bidder's most current financial statement =Date_of-Bidder's mosturrent audited-financial=statement MARCH 21, 2014 -DECEMBER; 3171013 Financial indicators from the most current financial statement: Bidder's Current Ratio (Current Assets / Current Liabilities) Bidder's Quick Ratio ((Cash and Cash Equivalents + Accounts Receivable + Short Term Investments) / Current Liabilities)) Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 3,033,669.00 7,102, 983.00 Table 1- Organization Information Organization doing business as: SAUNAS CONSTRUCTION TECHNOLOGIES, LTD :Previous ory'w List projects that have been completed with the Owner over the last 5 years. If more than 5 projects, list only the most recent. Project Name Year 1 GREENWOOD 2010 2 GARCIA ARTS 2009 3 JAMAICA STREET 2006 4 AIRLINE 2004 5 Co_hstrtic ion lteSafetirtipperience_ Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding rid Coictioi� Experience Has Bidder or a predecessor organization ever been disqualification as a bidder within the last 5 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been released from a bid or proposal In the past five years? List Projects below and provide full details in a separate attachment ryes. NO Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? Llst Projects below and provide full details in a separate attachment if y_es— __ _ _ --NO Has Bidder or a predecessor organization been Involved in claims or litigation involving project owners within the last 5 years? List Projects below and provide full details in a separate attachment if yes. YES. FILED WITH CITY OF SEGUIN Have liens or claims for outstanding unpaid invoices been flled against the Bidder for services or materials on any projects begun within the preceding 2 years. Specify the name and address of the party holding the lien or making the claim, the amount and basis for the Tien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 2 — Project Information Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES Proposed project Organizati t�.. Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. DANIEL SALINAS, CONSTRUCTION MANAGER GILBERT SALINAS, GENERAL SUPERINTENDANT JOSE LUIS Y. DAVILA, SENIOR PROJECT MANAGER DARRAL SIKES, GENERAL CONCRETE SUPERINTENDENT DERRICK SALINAS, SAFETY / COMPLIANCE MANAGER OCTAVIO GARZA, PROJECT FOREMAN PEDRO GONZALEZ, ASSISTANT PROJECT MANAGER, ASSISTANT SUPERINTENDENT DEBRA MILLER , PROJECT COORDINATOR Division of Work bei een rabosed_Stbcontractarwcj Suippfejs Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work GENERAL CONTRACTOR BARRICADES AND MARKINGS Name of Entity Performing the Work SALINAS CONSTRUCTION TECHNOLOGIES HIGHWAY BARRICADES Estimated Percentage of Contract Price 97% 3.0% Subcontractor; ipskre ctJo jStte Safety Experience _; J vide1Experience Modification=Ratio {EMRJ-Histontfor:thelast-3-yeast:farsubcontractors-that twill provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor NA Year Subcontractor Year EMR Year EMR Year EMR NA EMR 1 Year EMR Year EMR Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 3 -- Proposed Project Manager Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD. Priimary Colrtdidate Name of individual JOSE LUIS Y. DAVILA Years of experience as Project Manager 34yrs. Years of experience with this organization 10yrs. Number of similar projects as Project Manager 34 Number of similar projects in other positions 35 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date City of Corpus Christi Horne Rd 30% June 4 2015 Tx Dot SH 35 Ramp Reversal San Patricio 15% April 152015 Reference Contact Information Name Juan Martinez Name Jesse Riez Title/Position Protect Manager Title/Position Senior Construction Inspector Organization City Of San Antonio Organization City Of San Antonio Telephone 210-508-8337 Telephone 210-323-2378 Email Email Project Project Role on project Role on project AIternafe Candidate -- , , -.. Name of individual Darral Sikes Years of experience as Project Manager 25yrs. Years of experience with this organization lyr Number of similar projects as Project Manager 20 Number of similar projects in other positions 60+ ---Currertt-pro)ect-Assiginments _ - Name of Assignment Percent of Time Used for this Project._..._. . Estimated Project _. -----Completlon_Date.._ i x Dot 5H35 Ramp Reversa13aan Patricio 30% April, 2015 Tx Dot Medina FM 462 30% August, 2015 Reference Contact Information Name Jaime Gonzalez Name Lawrence Neal Title/Position Project Manager Title/Position Project Manager Organization Organization Telephone 1-210-632-0329 Telephone 1-210-880-7976 Email Email Project Project Role on project Role on project Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 4 — Proposed Project Superintendents Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES; LTD 'Primar anddate Name of individual DARRAL SIKES Years of experience as Project Superintendent Years of experience with this organization SEE TABLE 3 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Protect Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of Individual OCTAVIO GARZA Years of experience as Project Superintendent 20yrs Years of experience with this organization 2YRS 9MOS Number of similar projects as Superintendent 30 Number of similar projects in other positions -Gur-rent Pr ect Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion „Date .__ Tz DfSF735-11Yri ReveTsa"13an-pair clo 95% April, Contact information Name Fredricko Gomex Name Jaime Garza Title/Position Equipment Superintnedent Title/Position Project Manager Organization Salinas Construction Organization Diversified Telephone 956-990-1096 Telephone 256-3791 Email Email Project Project Role on project Role on project Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 5 — Proposed Project Safety Managers Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD Mar andidate Name of individual DERRICK SAUNAS Years of experience as Project Safety Manager 6 yrs Years of experience with this organization 5 yrs Number of similar projects as Safety Manager 18 Number of similar projects in other positions 40 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Various Projects 25% Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project ;Alternate Candidate Name of individual Years of experience as Project Safety Manager Years of experience with this organization Number of similar projects as Safety Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this. Project....... Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 Table 6 — Proposed Project Quality Control Managers Organization doing business as: I SAUNAS CONSTRUCTION TECHNOLOGIES, LTD Primakv;an Si Name of Individual Arias And Associates Years of experience as Quality Control Manager Years of experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Alternate Candidate Name of individual Years of experience as Quality Control Manager Years of experience with this organization Number of similar projects as Quality Manager Number of similar projects In other positions Current -Project Assignment Name of Assignment Percent of Time Used for ._. this Project Estimated Project Completion Date Reference Contact Information Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Role on project Role on project Statement of Experience Waldron Road-Caribean Drive to Gienoak Drive {BOND 2014), Project E13099 Table 7 — Current Projects and Projects Complete Project Owner TX DOT General Description of HEAVY CIVIL Project within tte Last 5 Years Project ATASCOSA CO. FM 99 Name Project Budget addSchedtdePerfeeniance Budget History Amount Bid $3,964,967.27 Change Orders $18,690.67 Owner Enhancements $10,000.00 Unforeseen Conditions $20,011.69 Design Issues $491,805.81 Total Final Cost $4,505,475.44 % of E 47% 25% 450% 12.4% 113% Schedule Performance id; WEATHER DELAYS -TIME SUSPENDED 4 MONTHS Notice to Proceed Contract Substantial Completion Date at Notice to Proceed Contract Final Completion Date at Notice to Proceed Change Order Authorized Substantial Completion Date Change Order Authorized Final Completion Date Actual / Estimated Substantial Completion Date Actual / Estimated Final Completion Date Key Project Personnel Name Percentage of time devoted to the Project Proposed for this Project Did individual start and complete the project? if not, who started or completed the Project in their place? Reason for change Date 10-18-12 12-11-13 12-16-13 4-25-14 5-2-14 4-25-14 5-2-14 Days 242 239 242 258 263 258 263 Project Manager JOSE DAVILA 50% JOSE DAVILA YES Project Superintendent ARTURO CAVAZOS 90% ARTURO CAVAZOS YES Safety Manager Quality Control Manager ARTURO CAVAZOS 90% ARTURO CAVAZOS YES Reference! Contact Information Owner Designer Construction Manager DANIEL SALINAS Name GREGORY BIEDIGER Surety AMY SMITH Title/Position PROJECT MANAGER CONSTRUCTION MANAGER Organization TX DOT SALINAS CONSTRUCTION TIME INSURANCE AGENCY Telephone 830-426-2522 830-281-3500 512-637-9744 Email gregory.biediger@txdot..gov sctltd@yahoo.com asmith@timeinsurance,com Issues=/ disputes resolved orpenditg resolution erbitra�tion, ,litigation, or;disp€tte review, boards Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2a14), Pro ett E13099 Number of issues resolved Total amount involved in resolved issues Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Number of issues pending Total amount involved in resolved Issues Table 7 — Current Projects and Projects Complete Project Owner TX DOT General Description of Project HEAVY CIVIL Within the Last 5 Years Si Project Budgetand-Schedule Performance Budget History Amount Project Name KARNES COUNTY US 181 Schedule Performance % of Bid Date Bid $1,783,536.97 Notice to Proceed Change Orders $139,113.62 7.8% Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed 2-4-13 5-23-13 6-6-13 80 Days 73 80 Unforeseen Conditions Change Order Authorized Substantial Completion Date 10-21-13 97 Design Issues Change Order Authorized Final Completion Date 10-21-13 97 Total Actual / Estimated Substantial Completion Date 10-28-13 102 Final Cost $1,922,650.59 107.8% Actual / Estimated Final Completion Date 11-6-13 109 Key Project Personnel Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in their place?; Reason for change Reference,Contactiinfor tion Project Manager Project Superintendent NIKO SALINAS CHALEO 50% 100% NIKO SALINAS CHALEO YES YES Name Title/Position Organization Owner Designer Construction Manager Surety RALPH CONDRA PROJECT MANAGER DANIEL SALINAS AMY SMITH Issues / disputes resolved :o Number of issues resolved CONSTRUCTION MANAGER TX DOT SAUNAS CONSTRUCTION TIME INSURANCE e gresolution by artaitc t< �. iltigat n, ordispute:retneiw boar Total amount involved in resolved issues Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Number of Issues pending Safety Manager CHALEO 100% CHALEO YES Telephone 830-780-3993 830-281-3500 512-637-9744 Quality Control Manager Email Ralph.condra@txdot.gov sctltd@yahoo.com asmith@timeinsurance.com Total amount involved in resolved.Issues Table 7 — Current Projects and Projects Complete Project Owner TX DOT General Description of Project Project Budget�andSchedtii within the Last HEAVY CIVIL �ormance Budget History Bid Change Orders Owner Enhancements Unforeseen Conditions Design Issues Total Final Cost eyProject?Per5onnel Amount $1,073,789.27 $13,195.25 $1,086,984.52 Years Project Name BEXAR COUNTY IH 10 Schedule Performance .%ofBid, Notice to Proceed Contract Substantial Completion Date at Notice to Proceed Contract Final Completion Date at Notice to Proceed Change Order Authorized Substantial Completion Date Date 6-26-13 11-12-13 11-21-13 11-12-13 • 97 Days 89 97 97 Change Order Authorized Final Completion Date 11-31-13 97 Actual / Estimated Substantial Completion Date 1.1-12-13 97 101% Actual / Estimated Final Completion Date 11-31-13 97 Narne Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in their place? Reason for change Reference Contactit formation Owner Designer Construction Manager Surety Name COOTER JUNGMAN DANIEL SALINAS AMY SMITH Project Manager 50% NIKO SALINAS YES Project Superintendent FELIPE ROJAS 100% FELIPE ROJAS YES Safety Manager FELIPE ROJAS 100% Quality Control Manager FELIPE ROJAS YES Title/Position Organization Telephone Email PROJE0TMANAGER CONSTRUCTION MANAGER TX DOT SALINAS CONSTRUCTION TIME, INSURANCE Isstues:/ disputes resoivedor pending resolution:, by arbitratlon,,litigation, or dispute r'•evieW'boards` 210-487-1579 830-281-3500 512-637-9744 Kenneth.jungman@txdot.gov sctltd@yahoo.cam asmith@timeinsurance.com Statement of Experience. Waldron Road—Caribean Drive to Glenoak Drive (BOND 2914), Project E13099 Contract Substantial Completion Date at Notice to Proceed 3-5-14 Change Order Authorized Substantial Completion Date 4-8-14 Number of issues resolved Total amount involved in resolved issues I ` 1 .1' Number of issues pending Total amount involved in resolved Issues Table 7 -- Current Projects and Projects Completed`. within the Last 5 Years Project Owner TX DOT General Description of Project HEAVY CIVIL PCaject"Btlfrfge�;arad�5c�ecluje Petforrr:at�ce. Project Name ATASCOSA COUNTY FM 2924 Budget History Bid Change Orders Owner Enhancements Unforeseen Conditions Design Issues Total Final Cost ersonne Amount $2,186,637.48 %ofBIO $42,345.52 I L9% $2,228,983.51 '102% Schedule Performance. Notice to Proceed Date 5-6-13 Contract Final Completion Date at Notice to Proceed 3-17-14 Change Order Authorized Final Completion Date Actual / Estimated Substantial Completion Date Actual / Estimated Final Completion Date Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in their place? pj Reason for change Reference' Contact. n ormat on Owner Designer Construction Manager Surety Name GREGORY BIEDIGER DANIEL SALINAS AMY SMITH Issues; j disputes `resolved ;o ; Project Superintendent NIKO SALINAS ARTURO CAVAZOS 50% NIKO SALINAS YES 90% ARTURO CAVAZOS YES Title/Position Organization PROJECT MANAGER TX DOT 4-18-14 4-8-14 4-18-14 Safety Manager ARTURO CAVAZOS 90% Days 214 208 214 208 216 208 216 Quality Control Manager ARTURO CAVAZOS YES Telephone 830-426-2522 Email CONSTRUCTION MANAGER g result tohitty,ar tori; gtigat SALI NAS CONSTRUCTION TIME INSURANCE n; or disputereview 830-281-3500 512-637-9744 Gregory.biediger@txdot.gov sctltd@yahoo.com asmith@timeinsurance.com Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 i I3 Number of Total amount involved in Number of issues Total amount involved in issues resolved resolved issues pending resolved Issues Table 7 —Current Projects and Projects Completed within the Last 5 Years Project Owner TX DOT General Description of Project Project ndgetand'Sct HEAVY CIVIL Ie Performance Budget History Amount Project Name MEDINA CO. IH 35 Schedule Performance %of Bid'' Date Days Bid $1,564,899.84 Notice to Proceed 11-4-13 190 Change Orders $7,318.98 46% Contract Substantial Completion Date at Notice to Proceed 7-28-14 182 Owner Enhancements Contract Final Completion Date at Notice to Proceed 8-7-14 190 Unforeseen Conditions Change Order Authorized Substantial Completion Date 7-23-14 185 Design Issues Total Final Cost keV,Project l'ersorniel $1,572,2.18.82 100.4% Change Order Authorized Final Completion Date. Actual / Estimated Substantial Completion Date Actual / Estimated Final Completion Date Name Percentage of time devoted to the Project Proposed for this Project Did Individual start and complete the project? If not, who started or completed the Project in theirplace? Reason for change defence contact 'information, Project Superintendent NIKO SALINAS CHUCK BYRD. 50% NIKO SALINAS YES 100% CHUCK BYRD YES 8-12-14 193 7-9-14 162 7-18-14 Safety Manager CHUCK BYRD 170 Quality Control Manager 90% CHUCK BYRD YES Name Title/Position Organization Telephone Email Owner GREGORY BIEDIGER PROJECIT MANAGER TX DOT 830-426-2522 Designer Construction Manager DANIEL SALINAS CONSTRUCTION MANAGER Statement of Experience : Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 SALINAS CONSTRUCTION 830-281-3500 Gregory.biediger@txdot.gov sctltd@yahoo.com Surety AMY SMITH S, TIME INSURANCE 512-637-9744 1asmith@timeinsurance,com lssuegsues resolved :ot' fin.. ngresalution; , ardit orr I4igatbn,:or disp+rte;reai boards Number of issues resolved Total amount involved in resolved issues ? Number of issues pending Total amount involved in resolved Issues Table 8 -- Demonstration of Budget Performance Organization doing business as Provide information on all projects complete Owner Name Project Description SALINAS CONSTRUCTION TECHNOLOGIES, LTD by the Budder within the last 5 years. Original Contract Price $3,964,967.27 $1,783,536 .97 $1,073,78 9.27 $2,186,637 .48 $1,564,899.84 $0.00 TX DOT TX DOT TX DOT TX DOT TX DOT ATASCOSA CO. FM 99 HEA Y CIVI KARNES CO. US 81 HEAVY CIVIL BEXAR COUNTY IH 10 HEAVY CIVIL ATASCOSA COUNTY FM 2924 HEAVY CIVIL MEDINA CO. IH 35 HEAVY CIVI Owner Enhancements $10,000.00 $0.00 $0.00 $0.00 Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Unforeseen Conditions $20,011.69 $0.00 $0.00 $0.00 $0.00 Design Issues Total Changes Percent Changes $491,805.81 $521,817.50 13% $0.00 $0.00 $0.00 $0.00 Statement of Experience Waldron Road—Caribean Drive to Gienoak Drive (BOND 2014), Project E13099 Project Descriptic SALINAS CONSTRUCTION TECHNOLOGIES, LTD er w compiet the'Biid : ith%the last 5:years'.. d.1* Table 9 — Demonstration of On -Time Performance Organization doing business as. 'Prey# e%nfortnationni al ptdjetts Owner Name TX DOT TX DOT TX DOT TX DOT TX DOT n Original Contract Date for Substantial Completion ATASCOSA CO. FM 99 HEAVY CIVIL KARNES CO. US HEAVY CIVIL 81 BEXAR COUNTY IH 10 HEI CIVIL ATASCOSA COUNTY FM 2924 HEAVY CIVIL MEDINA CO. IH 35 HEAVY . CIVI;L 12-11-13 5-23-13 11-12-13 3-5-14 7-28-14 Original Contract Date for Final Completion 12-16-13 6-6-13 11-21-13 3-17-14 8-7-14 Amended Contract Date for Substantial Completion 4-25-14 10-21-13 11-12-13 4-8-14 7-23-14 Amended Contract Date for Final Completion 5-2-14 10-21-13 11-31-13 4-18-14 8-12-14 Actual Contract Date for Substantial Completion 4-25-14 10-28-13 11-12-13 4-8-14 7-9-14 Actual Contract Date for Final Completion 5-2-14 11-6-13 11-31-13 4-18-14 7-18-14 Statement of Experience j Waldron Road—Caribean.Drive to Gleneak Drive (BOND 2014), Project E13099 Statement of Experience 1- - Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Table 10 — Demonstrated Minority, MBE, DBE Participation Organization doing business as SALINAS CONSTRUCTION TECHNOLOGIES, LTD ro Su ti tractors and S Opilers. .Y; Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Minority, MBE, or DBE Firm SAUNAS CONSTRUCTION TECHNOLOGIES, LTD. PRIME CONTRACTOR 74% DBE HIGHWAY BARRICADES BARRICADES & STRIPING 3% HOSS PAVING, INC PAVING 23% Statement of Experience Waldron Road-Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 ARTICLE 4— CERTIFICATION 4.01 By submitting this Statement of Experience and related information; Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations; and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: SALiAS CONSTRUCTION TE NOLOGIES, LTD or printed) (individual's signature) DANIEL SALINAS (typed or printed) CONSTRUCTION MANAGER Designated Representative: Name: Title:. Address: De.t.n,0 C 1\k“ (typed or printed) C o cl-r w -t d, € (IC 3734 FM 3006 PLEASANTON, TX 78064 Telephone No.: 830-281-3500 Email: sctltd@yahoo.com END OF SECTION Statement of Experience Waldron Road—Caribean Drive to Glenoak Drive (BOND 2014), Project E13099 Allel Herrero th tgl) Jennifer K. Loftin 4'L/'.herrt,ro�c flr s sort HERRERO & LOFTIN, PLLC Attorneys at Law- March ai March 17, 20I5 Via CM/RRR And Via Email: JermS2@ cctexas.com City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Attn: Jerry Shoemaker, P.E. Dear Mr. Shoemaker: 2 606 N. Carancahua, Suite 506 Wilson Plaza Corpus Christi, Texas 78401 Phone: (361) 882-1882 Facsimile: (844) 270-4827 Re: Salinas Construction Technologies, LTD. bid for Waldron Road from Caribbean Dr. to Glenoak Dr. Bond 2014/City Project No. E13099 Our File No.: 14.017 On behalf of our client, Salinas Construction Technologies, LTD ("Salinas"), we submit the following response to Urban Engineering's letter, dated March 5, 2015, signed by Murray F. Hudson, P.E., regarding its recommendations for the Waldron Road Project referenced above ("Urban's letter"). In recommending to the City of Corpus Christi ("the City") that the Waldron Road Project E13099 not be awarded to Salinas, Urban Engineering identifies three reasons. However, because those reasons listed are misleading. inaccurate, or false, as it relates to Salinas. we strongly request that you disregard Urban's letter completely, MISLEADING: In claiming that Salinas has "(djemonstrated lack of performance in maintaining schedule on an on-going project with the City of Corpus Christi...," Urban Engineering is misleading the ....... .. . City -t€ -believe-that the -reason for -an -on=going project nitrematnng an kitule is due to Salinas' fault. However, a careful review of that on-going project (Horne Project) reveals that several City utility conflicts have caused the Horne Project to be behind schedule. For example, attached for your convenience is a copy of the first Time Impact Analysis (T1A-01) for the Water Re -Alignment with existing City Utility Conflict for45 Days. In addition, due solely to the City utility conflicts, the new water main for the Horne Project was relocated twice from the original planned location. As another example, in a previous City project, Greenwood Drive Phase 1 (SPID to Gollihar) l City Project No, 62771. the City's change orders for additional work accounted for extending that project from the original 210 contract days to 645 contract days. Attached for your convenience is a copy of the Final Payment for the Greenwtod Project. Thus, to imply that Salinas is incapable of maintaining a project on schedule is misleading because factors beyond Salinas' control have in fact been the cause for delay. March 17, 2015 INACCURATE: Urban Engineering is also inaccurate in alleging that Salinas is in "disbarred status" with another municipality because of "non-performance" on its part. Pursuant to the terms of the contract with the City of Seguin, because Salinas had fulfilled its obligations but had not yet received payment for its completed work, Salinas was required to initiate a suit to recover monies owed to it by the City of Seguin. Thus, the suit was not filed against Salinas for "non-performance." Instead, Salinas was forced to file suit due to the City of Seguin's non-payment. Moreover, Salinas' suit against the City of Seguin has been on file .since September, 2013. In November of 2014, more than a year after suit was initiated against City of Seguin by Salinas, City of Seguin filed a counterclaim, which is being vigorously challenged and defended by Salinas. Subsequent to the date of Salinas filing its suit against City of Seguin, the City of Corpus Christi has previously awarded a project to Salinas without that suit being an issue. Therefore, because the suit referenced by Urban was initiated by Salinas against City of Seguin for nonpayment, it should not be used as a pretext for denying Salinas the Waldron Road Project. FALSE: Urban's letter is also blatantly false when it claims that Salinas lacks "experience with proposed construction techniques." Not only does Salinas have experience with the proposed construction techniques, but it also has successfully utilized them in areas close to the Waldron Road Project. Specifically, after being awarded the work by the City of Corpus Christi, Salinas utilized the same techniques in similar conditions when it successfully completed the projects at Catcay and Azores Streets, as well as Jamaica and Caribbean Streets, which are all approximately within a quarter mile from the proposed Waldron Road Project. Therefore, because Salinas does in facthave experience with the proposed construction techniques, Urban Engineering should not be permitted to give false information in denying Salinas the Waldron Road Project. OTHER FACTORS: lrban's letter should not .only be dismissed for the reasons explained above, but also because it is contrary to state law. Under Texas law, a contract must be awarded to the lowest responsible bidder:since. the: Waldron-Road--Project--is-a-=contract for-the--construction-of "..streets,... utilities...etc." Given that the Urban letter is riddled with flaws, it must be set aside and withdrawn from consideration. As such, Salinas' bid remains the lowest responsible bidder. We hope the City of Corpus Christi gives our letter serious consideration and rejects the defective Urban Engineering letter before taking any action in awarding the Waldron Road Project. Yours truly, Abel Herrero Jennifer K. Loftin March 17, 2015 cc: Via Email: MilesR@cctexas.com Miles Risley City of Corpus Christi Attorney 120 North Chaparral, Room 240 Corpus Christi, Texas 78469 Via Email: RonO@cctexas.com Ronald L. Olson City Manager of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 January 25, 2010 : T , 35245 A yr. Ke Kir, P.E. Construction City of Corpus Christi P.O. Box 9277. Corless Cleristi. Texas 78469-9277 RE: GREENWOOD DRIVE PHASE 1(SPW TO tom) (Cr>PJ NO.6z77j :Deer Keit Enclosed is au -Amlioxdon frit rortifieste lbfl'ayment go:19 (Heal Estimte' 'MAIM= Serious Constriti4oh Ltd for tine -Atm referenCed projee,t .Pmal Estimate No 29 is from 9/21/10 to 1.t20hh 1. A time schedule foam for'011110=thro" i„` 11 A also included. Paymil doamentelion was aubmitted'dir+edly to yoU oilby the Contactor. We have verified the at104. Of the writ. To the 'beat : of our lmovriedge, jz 'Maus that the amount shown on the ittvoiat zieflects the work, ecuniileted ding this; pend.' Therefore. we rind payme t b 'dna8+a tn..the In the eniount.oi< $12$►092.95, which included Chopp Qrder OS fat -114,8434. We Are finatiana be Re9acd Lop and they will be tgliniitecito nig office shortly. . . Please call if yonhave arty questions. HID 1] ONEERl 4 II C. • .1 C.. Cieneaf P.E. Project En Enclosure: Apglica iodforlr rt . TiheSahib:Manx= cc: Serino an•Ltd(laid:9tioeaLDevila) 111111194mt also,SOB VW aBn Ciamoibuo CappsehrtaTito mse Fiscal I SLUM inweittvftaxaso CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER Na 15 FUNDING SOURCE Operating Department Bond 2004 DATE: January 17, 2011 Name of Pry Greenwood Drive Phase 1 from Goiliher b SPID - Project No. 6277 CONTRACT TIME: 364 CD Contractor: Salinas Construction Tedu:otogies Ltd. CHANGE AS FOU.OWS: ADD PL ;DUCT 1. Liquidated damages (LDs) 377,000 2. Greenwood rideab#tty !Ninety 515,000 3. Compensation for additional tri control $71,522.14 4. Type D asphalt beyond project units , $7,82217 5. Red light camera electrical work 32010.55 6. Additional Storm Water Pallutk n Prevention 37,928.48 7. Greenwood Illuminated Sign 51,000.00 8. Field Office &Yard $18,580.00 314,841.34 Why was this change necessary? 1, Assessment of flauldated dam due to work egteridirvj beyond the Contract time. 2, Due to imperfections in the roadway surface. 3.Traffic control and b3 required beyond the arioinal Contract time due to Chance Orders. 4. Acklitional Type D asphalt roguing Imvonci the Prot firtuls at street intersections for continuity. 5. Electr cat work neaulred to tragi red light camera ormtbnal. 8. Storm Water Poflution Prevention contrails reouired beyond the original Contract 7.Corrections made to Mgminaled slop. 8 Field office & yard extension. How can similar changes be avoided in the future? Additional traffic control. stormwater Pollution Prevention. and Pavement allowances may be included to Kogunt for tkne exbsnsiors yam. bond � e. AIso it and hit penalties for roadway.knoerfe ors asndior Lig domes for not w. g the Protect an schedule. A. CONTRACT PRICE—$3.787,013;79 B. TOTAL CHANGE ORDER enc. current) .................... $496,242.76 C. NEW CONTRACT PRICE .o.. .,... $4.283,256.55 D. -THIS CHANGE ORDER ......................... --$14,841:34— E.. PERCENT TOTAL CHANGE (BNA) ....:....... . 13.10% , F. PREVIOUS ADDN'L TIME AUTHORIZED . 210 1%trfn G. ADDN'L CONTRACT TIME THIS CHANGE ORDER .... 435 H. TOTAL ADDr©NAI. TIME ........... 645 CITY OFF COitPU$ CHRISTI, TEXAS CONTRACTOR 8y: By: Project Engineer City Engineer APPROVED: Operating Department Director of Management & Budget Legal Department CrlY,OftORPUS 01 4 . PRoGRAMS 411410C-010 MOM - S!D RESUR1sHEEr $1D DATE WediteSIN-flijALINi& Iti#400.61. PRoJE t: $ EMISVIddron,R4,49m ColibbeitiTirtigainaik Or CONST Etr: tiarda Vii. -t k what bid tabkilatioel r,t,ar M-rna wTara ME HIO fiFiA Jc Rey 'CC. Ctr#u, ... Tcci+,,.-111 t '7f) o, .. CONSTRUCTION T CW OLOGINS, LTD. $'!$41.1.$000 ?Uaasaisniti.t$+/4 (8$0)$814144 P11 ($OO)1414h$ 11A-01(RFI-01, 04, 05, 05, & 11) WaterineReaftwatt WaiefreCo tw/FxiftWalerfsv PROJECT NAlle Home Road - Ayers St. to Port Ave. CC4ITRACTIM Me SALINAS CONSTRUCTION TECHNOLOGIES, LTD PERIOD MNG: 12/02/2014 a aTT&L DATE: wog 2015 Tik Number of Days f eted TIA-01 WaterRe-Align inen Exist#ngConflicis 1406 PREPARED Br• - JOSE LUIS Y. DAVILA TIA Evaluation Surnetary • . 10/27/2014 Data Data: 02/01/2015 Pnr.T1A CompII6op Ddu: 05/ 24/2015 Post TIA Completion Dab: 07/24/2015 Number of Days f eted 45 Background; Description AiJdear' iberin K 1-0ldafed 11705/2014", RI~'144 RIT-05 tide 12/03l2014;'and RFP09-dated 12/23/2014 the existing gas and waterline conflicted with the proposed waterline. The waterline was relocated to 2.0' from the ROW and it was discovered immediately after work began that the proposed vottmrline realignment was 'now in conflict with the existing waterline. After exploratory excavation to expose but protect the existing AC waterline, a third and final waterline alignment was proposed, reviewed, and approved. This conflict started on Dec 2 2014 and was resolved Dec 15, 2014. Work resumed Dec 9, 2014. Schedule was impacted (14) Calendar Days; Impacted time gree (3) existing abandoned live water services encountered and broken not located or marked flooding waterline trench, damaging cement stabilize sand, sopping/delaying work from continuing Dec 16, 2014 thru Dec 22, 2014. Work was impacted (6) Calendar Days; Continuing installation of realigned waterline impacted production inefficiencies caused by existing live water services not located and or marked which resulted in additional band work to exposed and protect these lines from Dec 23, 2014 thru Jan 16, 2015. Work was impacted which resulted in productions inefficiencies of (15) Calendar Days. Impact to the Schedule: The existing AC Waterline Conflict TIA-01 delayed the completion of activity: • DU -080 Install water services • DU -090 Pressure Test Waterline and Services • DU -105 Tie -In Water Main Addition Work to Schedule: • Placement Cement Stabilize Sand Waterline; • Hauling off displaced spoil from waterline trench; • Exploratory of existing wastewater Line B to verify the extent of existing damage; • Temporary repair and preparation for pmposed additional work; • Additional permanent repair on Line B Time extension for additional work (10) Calendar Days St 'pinny: Existing abandoned but live utility conflicts encountered and alignment conflict of existing waterline and services delayed and extended the project completion dated. Duration of impacted calendar days and additional calendar work day total 45 calendar days for this TIA. 01 HHORNE - - St.10 Pat Ave. Mod 2012) Prated Nati. E12100 'r 1'1' SAUNAS CONE 3794 P4 30o0 PLEASAJTON: TECHNOLOGIES, Ud Idrnher11/erebn 1405.710-01 Run deb 02104/16 Paps nrrr>ber 1A O P!1fnerero CW0.04 'WORK DAY CALENDAR CW0-06-Cordri Tkne CoVD-111 CONTRACT WORK DAYS CWl3 C2 CbNTRACT DAIP'1 R 141Df21C DA"- CALENDAR AYSCA AR DAYS MO BU45K210 GA) o6rl4r261a :14.01 MOEILIZATION mo -010 1,,,,,Tice 'I o pR9qeza M0-015 111BTALLBARRICADE8 - SIGNS - PART -1 SOUTH MO -020 :UOBR.IZE 140-026 , INSTALL SW3P F 9 125 • 86 • 48 10/27114 A 060,1115 210 113 A0:10187114 A 06024/15 0: 0 •' 100 0701116 02/01116 174• 114`0 04101115 07124/15 174' 174' T 0 02001116 01124/15 -41 • 2• 0• 10010127114A 10/25114A 0 0 100 IOIZ7114 A 1 0 . 1100-10127114A _1012rn4A ^__1012704 _ 1 0 100 10127114 A 10127t14_A 1. 0 '.100 1012104A 10/2614 A Pl- DEuAoUTION & LAILWO yJTY RK 4PART 1 _. 011.036 P 101'1-1iA000FF _FIATWORK.,},__ ` 0U440 1AfLLROADWAY _ .- _ Dlt-126 `(XTENO SANITARY 81 VER LATERALB DU -045 L#ne A- 61N PVC WATERUNi WGATE VALVE 1+72 DU-046�CorfBct SAI; N ner4 PA'!d PD OU -047 CarSct - POTHOLE Fudging AC WrIsd <fe RP108 DU -046 : Post COn icl- Cardn ie Um? AW Bans DU 045 011040 :31A1ier Brtvbs Smoke • Not Loci sdlMr6ed _ _ : __ 011-060 i 6 IN OATS VALVE2+i 6 0U-060 TALL WATER SERVICES 81.0293.6 SHORT i DU.11a —I1 W WATER SERVICE AN0 a IN t.WE .^ 1 011.11 fiord C><0e<n tor Webs -_-_: s i; _ 01.1.1064C 0161..MdF.�i4-fp 51n Line B Dench111 Mein DU -076 6 IN GATE VALVE 10+25 411001,4 MJ TEE; 6+00 DU -055 FIRE HYDRANT 2+26 01.060 011.070 FIRE HYDRANT 8402 011. _ 060 P URETESTWATERUNEANDetioncgS 2 0• 1000IMOf15A 01121n6A O U-130 INSTALL 5 FT Ct1RB 1216813, I.ATERALS, � 4 0 100 01116116A a.O111p116A OU -131 Conllct L1dat i Lie—Not Loaniedi , 0 0 0 01111116 A 01010116 041.066 Clime Oyster No -01 PPR _nilnq p Weleikne - 4 4 0 02107146 02106115 �0U-066 6 I PVC WATER UNE 1 .1 0 02010016 07/10/16 OU -005 OSSiNFECTION ANALY818 TEST_ v . 2 2 , 0 02/11115 07112/15 DU-iOo Line a - r PVC (SDR tlewr r tins & 0+142 2 0 07111115 O7n 4118 l DU -106 TEM WATER MAINS 2 EA 2 2 0 02/16115 02117/15 06-130 ASA/400N EXISTING WATER UM 1 1 0 0244/15 02124/16 art dols 60/77/`/fY _- 5 CVU13-01 CONTRACT WORK DAYS MOBIUZAT1011 TO PROCEED A INSTALL BARRICADES- sIGNB - P i SOUTH A A INSTAI.i. a6'' ? 10 •••_ to 77 10126114 A 02124/16 'Pk , 1 • PH -0'i - OE OUTION & UTILITY V 3" a100141251114A 11115114A ��-�IL-�'kA�K 3 0 100_1 1103114 A 11006014 A 12 ROADWAY t 0' 100110401140 121111/14_A_:^r__I: �-1 ocrENDSA!ITARY LATERALS 3 0• lop 12101114A 12102/14A ! 01110467Un.A-61!1 PVC WORLIEwGATEVALVE 1+72 0 0. u 10012102114A 121481140 111 • loot, cicala vipiefiNAc piownsoaopped 0 ..� a. 100 1210_2114 A 12006/14 A . I • 921100- oiling AC WMsrine RF1-06 2'77' 0 100 4210W14 A 011081 F8 A �� Post Coi llat- Con0nus Uns A WderW* 0U-045 - a. 0; 100 12/66/14A 1222/14 AA • , 10 100 12t16/14:A - 12146/14 A- 2; _---_ 1. 60 12118/14- 02100/15 2 2i 0I21161S4A —0-219/16 .___1 _ 1'r 012710/14A- 02123115: _ 10 101 0' 17124!14 A 03102/15 20` 100..01106i15A '0U5A G6/1 112 ._ 0:^ 8100.181060th& 01005t15 , _€i1 1_ 0' 100E11137115A 01107/15A i'1 1 0 100 01105/14 * 01106/16 A 'r1 1- . 0 100 01,0115 A 011pdr16 A •1 lid € ala 1 Irdett orem 6 . _ so67u1 SALINAS CONSTRUCTION TECHNOLOGIES Dele;drw ; o20V 14°1'41441 HORNE ROAD - Ayers St. to Port Ave �� o syl.rrru ha. 1t DU -040-7K3 w.Yr 8ehkj Mak* • Not LOaet« 111ued DU -050:2101 W GATE VALVE 2+16 WBTALL WATER SERVICE8S LONG - t NEW WATER SERVICE AND a IH U Rod Mom TCP Delay 107 Lap 06. Could vo,Eaddrp tlfn Line B Bei DU-0TA 614 GA • VALVE 10+75 'tpabis'Aa IN x 6 04 W TES6+00 tw-06sAF1RErifioRANT 2+25 au-gcO EH1I0RANT 5+26 • 011-010-I FERE HYD ANT S+OZ rx343G0•A PIE TEST WATER LllE AND SERVICEI -13o-A P4TALL 6 FT CURD It LETBF LATERALS. EXTEI 0U-1310 I = 011.06& C1wpe Order No -01 Poihol np Eadelkp Ws DU.086Y 51N PVC WATER LINE naic m oiseincrica AWkLY818 TEST '0U-1004tune B - MI' PVC {SDR 233} Seim ung a D.105 -NTE -IN WATER MAINS 2 EA 1011-125 'ABAN0ON EXISTING WATE UN M CAW her • Summery point Sammy bar O Mud nrlerlone point A Propels paint • ROW nolbalarnp CrI:01point HORNE ROAD - MON St. to Pori Ave. (Bond 2012) Pro* No: E12100 t WORK DAY CALENDAR Miff Contract Tana WORK (PART 1) . �. ... �. LINE RECONNECTION ?Water Crng lends In Mai EB ENSKKNS X Not fuxaled/Mark 31V114.5 0+74 INE !IV CONTRACT CALENDAR WORK DAYS -" CALENDAR DAYS (180 8l}1X210 G.C.) 05/2412015 SALINAS CONSTRUCTION TECHNOLOG 3734 FM 3006 10 78064 rR Number/Version 140041401 Run data 02104/15 Paga nuns 18 { System*, Inc. H ONE ROAD - Ayers 81. b Pan Ave. (Bond 2012) P ro*. Hoz E12100 SAUNAS CONSTR ui iOH 3734 nA 3005 QM.EASAIITON,TX 78004 Lid Numbs -«cion 1406-TUH01 Run deli 02/44/15 Per member 2A CM Premien *piens, Inc. otf-100 ChFar �rdKciPP UntilEmplorsiory' 1 -110 _ lirn B - CIPP EXIST840 6 VCP SAN SWR 0+74-3+06 FA.1-133 Pad Cana - Co *nue DU -110 tift Inlet Wets R111 -135 P14.03 - ROADWORK (PART 1) 801.140 ROADWAY EXCAVATION -AND ANT 801.145 _ SUBORADE PREPARATION 6 N 801-450 10 IN CENEIVT TREAT ASPH-BASE R- 1.166 PRIME COAT - 1W1 -1E0 INSTALL CURB AND RO1.166 CONCRETE d10EWALK13—DRIVEWAYS R01-170 SEAL COAT - ONE COURSE SURFACE TREATMENT R131-175 HMAC TYPE tl;- RD1.160 HAAAC TYYPP 6-- FF �r+e.:a yV •w. ,"err-7177.i1R TCP -200 PHa34 -TR !18FE TRAFFIC TA" 2j TCP -206 INSTALL TRAFFIC CONTROL FOR PART 2 1 • '. 01/2-210 PH -05. DEMOLITION b UTILITY WORK (PART ?) r...._ 1 DU2-215 DEMAOISflON HAUSWCi.-OFF OW _ 9 040205 a 012.220 MILL RD11114YAY 2,_ 04(23/16 04/21116 O' DU2.225 Lin. 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EIYPAS812` (CrOdOsb 0'00 - 3+50 3~ _ 3 0 08113106 05116116 $; F�T0 �. 1 1- 0 05116/16 06/18115 F14-275 PAVEMENT REPAIR - PORT AVENUE 2 2 0 0611806 06/20/15 .. a n:y t A i�I.,IL i2L _ . . .,, R02.250 -'PH -07- ROADWORK (PART 2) at jt 802-2 6 ROADWAY EXCAVATIONEM o AND EMBANKMENT 0 03003/15 5 5 _ 0 03104115 03110115 0 O 0 0 03111115 03110116 14 1uW ll I4 04116115 100 110414A 11/24114A 100 1111304A 1101/14A 0 03/11/15 e 03110115 1.. 1-- 003123115 _ 03/23115 T 4 4 0 03/24/15 03130115 0 E 60 03,31115 000 815 0 1 1 0 04113115 04113115 11 0 04114115 04114115: 0 2 _ 2~ 0 04115/15 041111115. 00: 1.- 1' 0 04/20146 • ;3400/15 01 ,1 1 0 04 f15 - 04110/15 0 � .W G7A'ratl�o�1�`;3�14�'!i i 06612115` V, , t, � { 3 v , 9 04120116 2 a T4 •'24 2� . 0 2, 0 T 7 R132290 SUBORADE PREPARATION r R022 5 f3EOGRIO-10'CEMENfTRFJ1TASP/-BASE R02300 PRIME COAT R02-306 INSTALL Cts MIO GUTTER RD2-310 CONCRETE SIOEWALIC ANO DRIVEWAYS RD2-318 LANDSCAPE WORK R02320 SEAL COAT - ONE COURSE SURFACE :R02-325 WAD TYPE B .. . 802330 HMAAC TYPE 0 R1 2-335 ADJUST MANHOLES 3 VALVES FtD2340 PAVEME 1.T MARKING 34 • 34 •_ 0 05/21/15 07110115 3 3. 0 0521/15 0612605 33 0 062 611 7115 0/116 6 __5 0 06/02115 06/11115 1 I. 006/12/16 06/12/15 4 4 000/15/15 06116/15 7 7 0 06/19/15 0529/15 3 3 0 04114115 0626116 1 - 1 0 06130/15 04130115 2 2 0 07/01115 07102/15 2 2 0 07/06115 07/17115 2 2 0 07105115 07100115 1 1 0 07/10/15 07110/15 DU -108- Grp Omer CIPP Line B Eied DU-1IaW Une B - C1PP EXISTING A' V Dif-133V Peet UM - w lDU-1 - -- -�' PH -03 - ROA ROADWAY E XCAVATION IANO EMBANKMENT 8LI GRADE PREPARATION 5 IN R01.1501r 101N CEMENT -MEAT P R131-15&7 PRIME COAT RD1-111170•11,01BTALL CURB ARC RDI -1I5. CONCRETE SIC R01 -170V REAL COAT- I R1]1-175 V HMEAC TYPE E /191.1641♦' IAC TYPE TCP -2001 PH -04 - TR TCP -20511 INSTALL TF 13U2-210,---. P1- DU2316-111, OE MOLITN 0112-0211W MILL RO OL2-225V Lire A= 13U2-230.7 Lhe A • 0W.12 -235-V Una. DU2-2)40:11/ SE DU2 a45 -W DE; oG2-2647T'E FMA -260 ,-, FMA266.� FIA -2701/ FMA -275•/ 802.2609 nra-nai RDZ 2110 R02-2 RI F HORNE ROAD - Ayers SI, b Part Ave. (Bond 2012) Project No„; E12100 ' VCP SAN SWR 0.7743405 1-130 WI Inlet Latera d1OWORK(PART 1) - ASPH•UABE VD GUTTER ;IDEWALKS DRIVEWAYS - ONE COURSE SURFACETREATMENT it, B - .E 0 - RANSFER TRAFFIC (PART 2) TRAFFIC CONTROL FOR PART 2 311-06 - DEMOLITION & UTILITY WORK (PART 2) TION HAUL -OFF SW DW :GAD WAY r -15" PVC SEWER sta 10+33 to MH -3 7+50 A -15" $WR sta 7+50 to MH -2 Tle-#t LIn a eA-15"/Mk sia0+20totti-1s 1467- 3EWER SERVICE RECONNECTIONS (11 EA) 3ENSITY TRENCH TESTS* COMPACTION TEWING SANITARY MAIN & MANHOLES T PH -06 - FORCE MAIN SY-PASS (PART 2) FORCEMA*I BYPASS 12" (0-900) /Ma 0+00 - 3450 1' TESTING PAVEMENT REPAIR = PORT AVENUE JoyPH-07 ROADWORK (PART 2) W ROADWAY EXCAVATIONO AND EMBANKMENT 00111111WOOF/ADE PREPARATION 9" -295r11111111 GEOORIO -10' CEMENT TREAT ASPH-SASE RD2.3041, PRIME COAT RO2.3051, INSTALL CURS AND GUTTER RD2-3t0.11., CONCRETE SIDEWALK AND DRIVEWAYS RD2-315- S LANDSCAPE WORK R0242IF1T SEAL COAT - ONE. COURSE SURFACE RD2-325-11r HMAC TYPE B RD 33C VHUACTYPED RD2-33&W ADJUST MANHOLES & VALVES RD2-340V PAVEMENT MARKING SAUNAS CONSTRLJCT1ON 3734 FM 3000 PLEASANTON, TX c OLOOIES, Ltd Numbar/VeThiOn 1406T1AOt Run data 02/04115 Page numbat 2B 0 Primavera Systems, Int, HORNE ROAD - Ayers 81.10 Port Ave (Eland 20121 Pro** E12103 SALINAS PON TE 3734 FM 3IX6 PLEASANTON, TX ;7 777 PH -01- MAL COMPLETION FC -410 FINAL PAVEMENT MARKINGS 11,/Xe418 !FC -420 sueerrmcla COMPLETION FC430 FINAL CLEAN-UP ANO PUOCHLIBT WORK PC -440 MOVE SINSP & UNNECESSARY !ARCADES 176456 SCHEDULE MN- WAULTHRU OEMOO S13.1. PROJECT pRcuecr FINAL- mu. PROJECT 10* 10 i/ 07/13/13 2 2 001113115 1 1- 00116116 4 4 007116115 2 2 O0115 1 1 � 01124116 • 007/24115 0 07124115 07114/16 07/15/15 07/21/15 07/23/15_ 07/24/15 01 0 •, 0 0, I!! 0712415 07124/13 J. OGIElk Lid NuintorNicsion 1406-T1A-01 Run chit 02/04/15 Pigs nantber 3A , Fri/wins Elyalmns, Inc. HORNE ROAD - Aye* St, to Port Ave. {Bond 2012) Pralect Na.: E12100 FC.4O0IP— WW PH -00 - FINAt. cd mmenoN F0 410V111, FINAL PAVEMENT MARKINGS b SIGNS FC -420V SUDSTANCIAL COMPLETION FC -4301111, FINAL CLEAN-UP AND PUNCHLIST.WORK FC -44011, REMOVE SW3P & UNNECESSARY BARRICADES F64,991, SCHEDULE FINAI. WALK ThRU - DEMOB FC -50041P PH -09 SELL PROJECT FC -8104 PROJECT FINAL - SELL PROJECT E3I 4 SAUNAS CONSTRUCTION TECHNOLOGIES, Ltd 3734 FM 3006 f',' PLEASANTON, TX ! fie004 i;. NumberNenlon 1406-T11W1 Run deb 02104/15 Pagenumbsr 313 0 PlimIvwl Sytd.mI, k. URBAN ENGINEERING March 5, 2015 Jerry Shoemaker, P. E. City of Corpus Christi P0Box 9277 Corpus Christi, Texas 784699 Subject Waldron Road from Caribbean Drive to Glenoak Drive (Bond 20141 City Project No.: 03099 Dear Jerry: Job No. 42.848.00.00 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Pursuant to Section 0045 16 Statement of Experience; Urban Engineering has reviewed the two supplied experience records from two low bidders. The third low bidder has not submitted their experience record and is therefore disqualified from consideration of award of the Waldron Road (E13099) Bond 2014 project. The two low bidders that have submitted experience records are from Salinas Construction Technologies, LTD and Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bids and experience records as submitted anti provide the following recommendation. Salinas Construction Technologies has current contracts with the Cfty of Corpus Christi (Horne Road) and Texas Department of Transportation (Gregory ramp reversal). These projects are behind schedule and the contractor does not have or has not committed the necessary resources_tQ ui -_ --r- ,7"--- - t _ _ _ _ _ �`�����r-arca tTie �ii�unklfty-w#�i-whom SaNr�as Construction Technologies Is contracted has been forted to file a failure to perform complaint with the bonding company. This project is currently In Litigation. The last project completed by Salinas Censtrt+ctioraechrw sforthetitYrPusCitipartfte-GieernwtmxrPrOjett-W2009-3aiD �u� was also completed behind schedule. Additional information provided in the experience record Indicates projects with TkDOTthat have been completed were also behind schedule. The Waldron Road project for which contract award is being considered is a major arterial feeder road to the Sour Bluff Independent School Dlstrlct facilities. Project schedufng is a critical element and has been established to accomplish, to the extent per, work in the summer months to minimize disruption to school traffic and activities. The allotted project days are very short and the awarded contractor will be required to devote significant resources and capabilItles to complete within the stipulated contract days. Project design is also optimized to minimize construction delays. The design incorporates local methods of construction, cement stabilization of existing base and sand, In an area with a high water table that requires local knowledge and experience. The experience record Indicates that Salinas Construction Technologies does not have demonstrated resources or capacity to accomplish required work within mandated schedules nor does It have requisite experience working with and in the materials particular to this project location and design. (961)854.9101 2725 SIIVANTNE 2 DR. • CORPUS CHRISTLTEXAS 78404 www.ubaneng.com TBPE Firm #145 TBPLS Firm #10132400 FAX 061)854-W31 Urban Engineering does not recommend award of the Waldron Road project E13099 to Salinas Constructions Technologies based on the following reasons. 1. Demonstrated lack of performance in maintaining schedule on an on-going project with the City of Corpus Christi and others. 2. Non-performance and current disbarred status with another municipality due to current litigation. 3. Lack of experience with proposed construction techniques. The reasons stated above are sufffdent under Section 00 2113, Article 21 Rejection of Bid, paragraphs 21.01 and 21.02 to warrant the City of Corpus Christi's rejection of the bid from Salinas Constriction Technologies. Urban Engineering recommends award of the Waldron Road Project E13099 to the second low responsive bidder, Berry Contracting, LP - DBA Bay LTD. Urban Engineering has reviewed the bid and experience records of Berry Contracting, LP Bay LTD, and is of the opinion that they have the requisite experience, resources and capabilities to perform the contract as bid and scheduled. MFH/ek Enclosure xc: Salinas. Construction Technologies, LTD Berry Contracting, LP - DBA Bay LTD Sincerely, URBAN ENGINEERING Murray F. Hudson, P. E. Abel Herrero trtlel @herreroloftiia.ccon Jennifer K. Loftin iennifer@lterrerotoftin.cam HERRERO & LOFTIN, PLLC Attorneys at Law April 23, 2015 Via. Regular Mail And Via Email: Jeffrev3E@cctexas.com City of Corpus Christi 1201 Leopard Street, 3rd Floor Corpus Christi Texas 78469-9277 Attn: Re: Jeffrey H. Edmonds, P.E. Director of Capital Programs 3 606 N. Caraneahua, Suite 506 Wilson Plaza Corpus Christi, Texas 78401 Phone: (361) 882-1882 Facsimile: (844) 270-4827 Salinas Construction Technologies, LTD. bid for Waldron Road from Caribbean Dr. to Glenoak Dr. Bond 2014/City Project No. E13099 Our File No.: 14.017 Dear Mr. Edmonds: On behalf of our client, Salinas Construction Technologies, LTD ("Salinas"), we submit the following additional information in response to Urban Engineering's letter, dated March 5, 2015, signed by Murray F. Hudson, P.E., regarding its recommendations for the Waldron Road Project referenced above ("Urban's letter"), and as a follow-up to our meetingin the City Attorney's office on March 30, 2015. As you are aware, in recommending to the City of Corpus Christi ("the City") that the Waldron Road Project E13099 not be awarded to Salinas, Urban Engineering-identtfi .three -real ins. Howe -ver, ,t€a _noted In our _letter .;.-tlated-Ma h::17.:.2015 - because those reasons listed are misleading, inaccurate, or false, as it relates to Salinas, we strongly request that you disregard Urban's letter completely. In addition to re -urging the points made in our March --17, 2015, letter, we provide -additional information -as -noted -below: MISLEADING: In addition to the documents previously provided to indicate that Salinas' work was completed pursuant to adjusted contract times made through change orders, Salinas makes note of the following timelines related to previous and on-going projects: On the Greenwood Project, the Notice to Proceed (NTP) was issued on 0411.4(2008 and the Project Final Walk Through was on 08/06120/0 (845 Calendar Days from NTP to Project Final). This is 164 days ahead of schedule. 1. Original Contract Time 2. Change Orders #1 - #15 3. Total Contract Days 364 Calendar Days = 645 Contract Day Extension 1,009 Adjusted Contract Time April 23, 2015 On the Horne Road Project, the City currently has two Time impact Analysis for conflict and delays caused by existing utilities and additional change order work. Documents substantiating these timelines were previously provided. Ivloreover, given that those documents are within the City's project files, we refer the City to those project files in their entirety; Therefore, we once again argue that to imply that Salinas is incapable of maintaining a project on schedule is misleading because factors beyond Salinas' control have in fact been the cause for delay. INACCURATE: As previously noted, Urban Engineering is, also ,inaccurate in alleging that Salinas is in "disbarred status" withanother municipality because of "non-performance" on its part. Salinas is not aware of any "disbarred status". Moreover, pursuant to the terms of the contract with the City of Seguin, because Salinas had fulfilled its obl tions but had not yet received payment for its: completed work, Salinas was required to initiate a suit to recover monies owed to it by the City of Seguin. As discussed in our meeting with Veronica Ocanas and Miles Risley., another attorney, Sylvan Lang, is representing Salinas in that matter. it is my understanding that Mr. Lang has recently reached out to Ms. Veronica Ocanas in an effort to answer any additional questions the City may have related to the City of Seguin. Please feel free to communicate directly with Mr. Sylvan Lang at Tang Law Firm, PC, 13409 NW Military Hwy, Suite 210, San Antonio, Texas 78231, Telephone 210-479-8899, Fax 210-479-0099 and email sylvan@Iangfirm.com. FALSE: tLY fail when it claims that Salinas lads " itet#with proposed'construction techniques. Not anlTdoes Salinaslhave"`experience with the proposed` construction techniques, but it also has successfully utilized them in areas close to the Waldron Road Project. Specifically,; two of the completed bySalinas for the City have been Cateay' Azores. and Jamaica & Caribbean, which had all of the underground utilities removed and replaced -in-place with handling of the existing ground water table. Both had flour bluff sand that was cement stabilized and were overlaid with hot mix asphalt. This work, material, and technique is identical to the Waldron Road Project. In fact, the Waldron Road Project is an extension of these other two project. In addition, in the completed Greenwood. Project handled successfully by Salinas, the subsurface detail work is also identical to the Waldron Road Project. The existing material was cement stabilized and overlaid with hot mix asphalt while leaving the existing curbs in place. This work was accomplished half the road at a time, such as. required on the Waldron Road Project. Documents substantiating this information are contained in the City's project files relevant to each project. Please refer to those project files in their entirety;. April 23,2015 This completed work history verifies that Salinas has a successful and proven history of experience and knowledge working with conditions, materials, and techniques such as those of the Waldron Road Project Therefore, Urban Engineering should not be permitted togive false information in denying Salinas the Waldron Road Project; NEER FACTORS: As you are aware, under Texas 1a r,.a contract mustbe awardedto the lowest responsible bidder since the Waldron Road Project is a contract for the construction of ". streets,... utilities...etc " As such, given the information available to the City, we note that. Salinas' bid remains the lowest responsible bidder. We thank you in advance for your time and consideration. Yours truly, Abel l"ierrero Jennifer K. Lothn. AHps cc: Via Email: MilesR cetexas.com Miles Risley Veronica Ocanas —Via Email: Veroniica0 ccte as.com Janet Kellogg Via Email: JanteiK@cciexasxam City of Corpus Chrisd Attorney 120 North Chaparral, Room 240 Corfu Christii Texas Via. Email: Ron0@ectexas.com Rnald L. Olson City Manager of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Via End: GustavoGo@cctexas.com Gustavo Gonzalez,P.E. Assistant City Manager of Public Works .Ut'tides Via Email. Vateri cctcas com Valerie 11. Gray, P.E., Executive Director of Public Works Via Email. JerryS2@ectexas.com Jerry Shoemaker; P.E. former Interim Director of Capital Programs EXHIBIT C Horne Road -- Ayers Street to Port Avenue (Bond 2012) (Project No. E12100) 1. Letter from Naismith Engineering Inc. dated March 24, 2015, RE: Project Observations and Concerns 2. Letter from Naismith Engineering Inc. dated May 15, 2015, RE: Project Concerns NaismithEng nee rng,Inc ARCHITECTURE* ENGINEERING i ENVIRONMENTAL* SURVEYING TBPE FIRM NO. 'F-355 March 24, 2015 TBPLS No. F..=100395 00 ESTABLISHED 1949 OVER 60 YEARIS. OF ENGINEERING EXCELLENCE Mr: Daniel Salinas Salinas Construction Technologies, Ltd. 3734 F.M. 3006 Pleasanton, Texas 78064 ECM MaRz 2015 Re; .Horne Road Construction (Project No. E12100), Bond 2012 project Observations and Concerns Dear Mr. Salinas: In accordance with your firm's contract with the City. of Corpus Christi, Texas (City) for the construction of improvements to Horne Road, Naismith Engineering, Inc. (NEI) and the City are concerned that the construction of the above referenced project will not be. completed withinthe projected timeframe outlined in your contract. Our observations at the project site indicate that there have been extended periods after your firm received its notice to proceed when there has been no work performed at the site during periods of acceptable weather. We have also observed that during periodsof inclement weather, there were minimal or no efforts made by your firm to attempt to mitigate the. effects of the inclement weather, such as pumping off accumulated storm water. In addition to negatively impacting theproject schedule, thishas created significant hardship on the local businesses that rely on the section of Horne Road occupied by this project for their:live ihood he4ack of d6ily_do-nsituttioit-adiVity_&u:Ltififaildfdiodaily adequately maintain the project site have become a public affairs nightmare for the City of Corpus Christi. The. Agreement with the .City includes 180 Calendar Days to reach the Substantial Completion of the project. Based on a start date of Monday, October, 27, 2014, the original substantial completion date is scheduled to be on Friday, April 24, 2015. The original construction schedule submitted by Salinas Construction dated October 27, 2014 indicated that the Substantial Completion date would be April 27, 2015, coinciding with the required Substantial Completion date. A projected Substantial. Completion date of April 27, 2015 leaves roughly 34 calendar days from the date of this letter left to reach the Substantial Completion Date. Our observations and measurements indicate that without the Mobilization value, less. than 11% of the construction work has been completed to date. While we are in general agreement that some additional days are due for items related to a proposed change order and some weather delays, we still feel that the project appears tobe substantially 4501 Gollihar Road, corpus Christi, TX78411 R 800-677-2831 361-8149900 Fax 361-814 1401 N naismith-engineering.com Mr. Daniel Salinas Salinas Construction Technologies, Ltd. March 24, 2015 Page 2 of 4 behind schedule and that continued construction effort representative of your fan's prior work on this project will result in your firm exceeding the agreed project schedule. As a reminder, your firm's agreement with the City stipulates that your firm shall pay the City (as project Owner) $785 for each day that expires after the date specified for substantial completion until the work is substantially complete. At this time, we are in the process of evaluating your proposed claims for additionalcost. associated with several construction items as well as the addition of additional contract time to account for inclement weather. The proposed change order was originally received by the City Inspection department but had not yet been reviewed by NEI. A. copy of the change order was made available for our review after our bi-weekly construction' °meeting on Monday, March 2, 2005. A copy of a time impact 'analysis prepared by Salinas and dated 02-04-15 was also made available for review. Based on ourreview we identified two major items related to your claim for additional cost resulting from what you believe represents additional work. A request far clarification on the two items was subsequently submitted to Salinas for clarification. • Change :Order Item 3 was for cement stabilized sand that was washed away by the broken service line: We have no way to confirm the actual amount of sand. • Change Order Item 4 was for exploratory excavation. We are not in agreement that payment for this request is due. Furthermore, the value of $5,865 seems excessive for exposing a waterline at 6 locations having only 3' of cover.. Although a ;response was. provided ,to -clarify these :-concerns,,, we are riot:: in'agreement that these items warrant additional costi and additional under the tents 'of the contract. We also reviewed the time impact analysis (TIA) and do not agree that 45 Calendar days is warranted based on the information provided. One of the items on the TIA included (15) Calendar Days related to production inefficiencies resulting 'because of the concerns with additional service lines. We need clarification on this request. It appears that the actual installation time in the field was substantially less based on the daily field reports. Another item includes a request for six (6) calendar days of downtime while repairs to 3 small service lines was completed by the City. We believe this is an excessive amount of time forthis item Based on our review of the TIA, we feel that only 20 additional Calendar Days are warranted out of the 45 additional calendar days requested. Rain days will be incorporated into the change order in accordance with the terms of the contract Based on the Inclement Weather Letters provided by Salinas, there has been Naism thEngineering,Inc. ARCHITECTURE® ENGINEERING N ENVIRONMENTAL IV SURVEYING Mr. Daniel Salinas Salinas Construction Technologies, Ltd, March 24, 2015 Page 3 of 4 roughly 34 days identified since the start of the project. However, based on the City's Power Street rain gauge therehas been 11 days having in excess of 0.5" of rain since the start of the project. As you will recall, the Power Street gage is specified in the agreement as the based for determining inclement weather days due to rain. Based on the daily field reports from the project site, there has been roughly 18 days identified. After comparing the 3 side by side as well as the overlap of rain days with other delay days, we believe that 18 additional Calendar Days are warranted for Rain Delays out of the 30 calendar days identified in your Inclement Weather Letters. On Wednesday, March 19, 2015 I visited two construction sites to evaluate the impact of the overnight rain event: the Horne Road project and another City, street project under construction concurrently. At the' other City construction site, the contractor's crews were busy pumping water, cleaning up mud and preparing the site to complete some additional work. At the Horne Road site, for which your firm is responsible, there was no activity. We observed that the site was holding, water, the roadway was full of material blocking drainage, the gutters were holding material blocking drainage and. previously completed pavement repairs were failing. Vehicles were meandering through the roadway and ponded water attempting to avoidthe hazards. A construction tractor was parked in 10" of standing water. Subsequently that same tractor leaked hydraulic fluid into the standing water in the Public R.O.W., on Friday, March 20th, 2015. Your firm has been asked by our inspector and by the City to meet the requirements of your agreement to fully maintain the site including the Traffic Control devices, SWPPP and pavement repair. Your firm's current efforts are not meeting the terms or the intent of your agreement with the City. in -the earlyhours: of -Friday, March :2015 the;utilitycontractor hired b Salinas :: y13,�.:: y onstri ctioni completedKKa Waterline-tie-in.-Thee iritenfof the tie -tri was to connect a new 8" PVC line to an existing asbestos -cement (AC) waterline. The existing AC line had a:. ,, .�.mechanical.joint.tee.which..connected`. to_an:existing_ire hydrant assembly. We inetjn the field with representatives of your firm and your subcontractor and reminded you about the procedures specified in the contract documents that prohibit the field cutting of AC pipe. The scope of work for this connection discussed in the field was to remove the tee and use the end of the existing AC line as the connection point. The utility contractor disregarded this agreed work plan and cut the AC line to make the connection_ This is decision was not his to make and the alternate work scope he executed does not comply with the terms of the contract. Furthermore, the process of cutting the line was completed with what appeared to be non; trained personnel without proper Personal Protective Equipment (PPE). The cutting of the pipe requires workers with specialized training using wet work procedures to cut and remove the pipe. We will need some documentation from Salinas that the workers and that the superintendent has received the proper training and that the proper methods were utilized. The approved methods are governed by the National Emissions Standards for Hazardous Air Pollutants (NESHA. P) and the Occupational Safety and Health Administration Naism th Eng neeri ng,=nc ARCHITEC UREi ENGINEERING ti ENVIRONMENTALASURVEYING Mr. Daniel Salinas Salinas Construction Technologies, Ltd. March 24, 2015 Page 4 of 4 (OSHA). Furthermore, leaving sections of cut pipe and cuttings at the site could be considered contamination of the site and could require more stringent cleanup efforts. Another item we have previously discussed with your frrn is the presence of a qualified Project Superintendent on the project site, as required by the contract documents. At the bi-weekly construction meeting on Monday, March 16th, 2015, Mr, Pedro Gonzalez indicated that he was acting as the Project Site Superintendent. We have no information about his credentials. Until such time as your firm can produce documentation that confirms he is qualified to represent Salinas Construction as the Project Site Superintendent, he is not approved to serve as the project superintendent. You submitted an email with Mr. Gonzalez resume on. Friday November l lth, 2014 and it indicated that he would be an Assistant to the team; ' Not "a Site Superintendent. The original person submitted to be the Superintendent was Mr. Octavio Garza. We have not observed Mr. Garza as present on site in quite a while. With Mr. Garza's absence, and the individuals present on the site not documented as meeting the requirements of. the agreement, the lack of a qualified superintendent does not comply with the requirements of the contract documents. On a related note, the Superintendent or his designee is to visit the site even if there is no construction activity going on. Your firm's qualified superintendent is still responsible for visiting the site on a daily basis, to confirm that all TCP items are in place. The majority of the items or concerns covered in this Tetter have been discussed with you and your representatives on numerous prior occasions including at the biweekly construction meetings or by correspondence. It is imperative that your firm provide the proper level of resources to complete this project within the agreed timeframe. We look -__footvard:to a prompt iesponse an how you -intend tomeet the: terms of the agreement :- and complete t Wimportant-project Tor the -City of -Corpus -Christi. We standµ ready fo assist in any way that we can. Sincerely, NAISMITH E NG, INC. Wilfredo Rivera, r., P.E. Project Engineer Cc: Jerry Shoemaker, City of Corpus Christi. Capital Programs Phil Boehk, City of Corpus Christi Kent Powers, City of Corpus Christi Z:i9008 - Hoche Road (Ayers to Part Avenue)ICorrespondencelSolinas-001 (rev 1).dac aismithE•ng.ineonn:g Inc ARCHITECTURES ENGINEERING Vit. ENVIRONMENTAL"mSURVEYING 2 NaismithEngineer ngInc ■ . ARCHITECrUREU ENGINEERING. ENVIRONMENTAL■SUM/EMIG TM FIRM No. F-355 - MIS No. F-100395-00 EST4sLrSHEo t 949 OVER 60 YEARS OF ENGINEERING EXCELLENCE May 15, 2015 TRANSMITTED VIA E-MAIL: dsaiinas@sct[td.com and by U.S., MAIL -CERTIFIED Mr. Daniel Salinas Salinas Construction Technologies, Ltd: 3734 F.M. 3006 Pleasanton, Texas 78064 Re: Horne Road Construction (Project No. E12100), Bond 2012 Project Concerns Dear Mr. Salinas: In accordance with your firm's contract with the City of Corpus Christi, Texas (City) for the. construction of improvements to Horne Road, Naismith Engineering, Inc. (NEI) and the City are gravely concerned that you are not showing an increased effort to attempt to get the project back on schedule. On Tuesday, May 5, 2014 a meeting. was held with Salinas Construction, your legal counsel (Mr. Abel Herrero) along with representatives of the City, City Attorney's Office and Naismith Engineering, Inc.. Numerous concerns were discussed at the meeting. However, everyone. agreed to work together to move the project forward. One of the items discussed was the issuance of_a change order for rain days Mr Jose Luis Davila -submitted a -time -impact anaiysisfarweather daysaon WednesdayrMay- -for NEI -review and: approval. NEI reviewed the analysis and after deleting days which were not in agreement, it was agreed that43 rain days were due for the period from October, 2014 through April, 2015. A -change -order was-prepared-ard submitted to -Salinas -for signature -on -Wednesday, May 13' We are awaiting a signature from Salinas in order to execute the rain day change order. On a prior Change Order, Salinas had opted to strikethrough some standard language. The strikethrough was rejected by the City and subsequently Salinas executed the Change Order without the strikethrough. Please note that if Salinas modifies the standard wording again by strikingthrough, then the Change Order will be rejected again and may not be re -considered for approval. A seconditem discussed and requested was an updated project schedule which. showed an increased effort in order to get the project on an acceptable schedule. The schedule was to be submitted within a week of the meeting. On Tuesday, May 12th, Mr. Jose Luis Davila submitted the updated schedule via email to Kent Power and was copied to others. On Wednesday, May 12th Mr: Kent Power responded via email that the revised schedule was not acceptable for numerous reasons and asked that it be revised. In addition, Bid items A-92 through A-96 "Existing Box Culvert Repairs" were not incorporated into the submitted schedule; The City is waiting on a response to the schedule revisions requested. 4501 Gollihar Road. Corpus Christi, TX.78411 U 800-677-2831 361-814-9900 Fax 361-8144401 • naismith-engineerfng.rom May 15, 2015 Mr. Daniel Salinas On Thursday, May 14th, 2015 Salinas Construction was on site with a minimal crew doing minimal work, The work included installing some concrete blocking on waterlines which should have been installed severalweeks back when the lines were initially installed. The crew also completed some pavement repair. Our inspector was notified that cement stabilized backfill was not available to Salinas and therefore it hampered your ability to continue work. Please be reminded that properly scheduling materials required for completion of the work in a timely manner is your responsibility It will not be considered an excuse for not completing the work. We need to re -iterate that the effort being put forth by Salinas Construction is NOT considered adequate to "Recover' the project schedule, As expressed by Salinas Representatives at the meeting on May 5, 2014, the level of effort was to be 'increased. This has riot been the case during the course of the Last 2 weeks. It is imperative that your firm immediately marshal its resources and proceed to meet the accelerated schedule as soon as possible. Your proposed schedule and your representatives indicate that you will be working on Saturday, May 16th. Failure to do so will be interpreted as your failure to comply with the agreement to step up the effort. Your immediate attention to these matters is required. Sincerely, NAISMITH EERING, INC. Wilfredo Rivera, J.r.'P..E.. Project Engineer Cc;JerryShoemaker, City °of•CorpueChristi~Capltal'Programs Phil Boehk, City of Corpus Christi Kent Powers, City of Corpus Christi —Marco's Luna; Naismith -Engineering -,-In Jose Luis Davila, Salinas Construction Technologies :1Construction/Sallnas-O02 Na smithEngineering,Inc ARCHITECTUREIe[ ENGINEERING N ENVIRONMENTALU:SURVEYING EXHIBIT D Pleadings filed in Salinas Construction Technologies Ltd v. City of Seguin CAUSE No. 13 -1957 -CV SALINAS CONSTRUCTION TECHNOLOGIES, LTD v. THE CITY OP SEGUIN 1 Electronically Filed 11/1912013 183:04 PM Debra Crow Guadalupe County District Clerk Jessica Hargrave, Deputy IN THE DISTRICT COURT 25th JUDICIAL DISTRICT GUADALUPE COUNTY, TEXAS SAUNAS CONSTRUCTIONTECHNOLOGITS, LTD'S SECOND AMENDED ORIGINAL PETITION COMES NOW Pleintifl SALINAS CONSTRUCTION TECHNOLOGIES, LTD (hereinafter referred to as "Salinas") files this, its First Amended Original Petition, and would assert as follows: PALL LES 1. Plaintiff% Salinas Construction Technologies, LTD is a Texas limited partnership with its principalplace of business located in Bexar County, Texas. 2. Defendant, The City of Seguin (hereinafter referred to as "the City" or "Defendant") a political subdivision of the State of Texas has been served through service of ___prooess.ort_the_City"s Secretaz;Thalia Pollan Stautzertherger, 205 N. River St.,Seguin, Texas 78155 and has entered an appearance to this case through counsel. VENIIE & JURISDICTION 3. The Court has jurisdiction over the parties because they are all Texas residents and/or reside in the state of Texas. The Court has jurisdiction aver this controversy because the damages sought are within the jurisdictional limits oldie Court. 4. Venue over this action properly lies in Guadalupe County pursuant to §15.0151 of the Texas Civil Practice and Remedies Code, because the Defendant is a municipality of the State of Texas, which is located in Guadalupe County, Texas. DISCOVERY CONTROL PLAN 5. Salinas intends to conduct Level 3 discovery pursuant to Section 190.4 of the Texas Civil Practice and Remedies Code. NO SOVEREIGN IMMUNITY 6. Pursuant to Section 271.152 of the Texas Government Code, a local governmental entity's purported immunity from suit has been waived by the Texas Legislature. NATURE OF DISPUTE 7. On or about November, 2011, the City of Seguin contracted with Salinas for the construction of street, sewer and water system improvements for the Geronimo Creek Sewer Project in the City of Seguin (the "Project"). 8. Salinas properly provided labor, materials and other services in a good and _.workmanlike manner for the benefitof the City on this Project but has not been paid for same. Salinas has invoiced the City for the work it performed at the request and direction of the City, but the City -has rel. ed` o pay these invoices; which are`now"past due and' owing: Tlie-Cithas--- - also wrongfully terminated Salinas. 9. The Project involves the design and construction of approximately 800 L.F, of 18" gravity sewer, 660 L.F. of 15" gravity sewer, 4,260 L.F. of 12" gravity sewer, and 6,110 L.F. of 8" gravity sewer main. In addition, approximately 2,940 L.F. of 6" water main and 920 L.F. of 8" water main are included in the Project. The City provided plans and specifications insufficient to construct the Project. In addition, the City furnished a geotechnical report that inaccurately depicted the ground conditions which has caused and continues to cause substantial delays to the Project. FACTS 10. This suit arises out of a dispute over a construction contract ("the Contract") for the construction of the aforementioned Project. The plans and specifications ("Specifications") for the Project were designed and sealed by TRC Engineers, Inc. ("TRC"). Work began in March, 2012 and, under the terms of the Contract, was to be completed in March of 2013. Sa1inRs' scope of work involved the installation of a main sewer line and residential streets in a subdivision located in the city of Seguin, Texas. 11. The Specifications prepared by TRC contained several deficiencies which rendered portions of the project virtually impossible to construct, By way of example only, TRC failed to specify an appropriate type of pipe for the main sewer line resulting in water and silt infiltrating the sewer line in numerous places; the designed slope of the sewer line was inadequate for the line to drain properly; and, the trench base design was insufficient to support the -weight ofthe fill material causing the sewer ane to sink into the _sub base These issues and others resulted in substantial delays and extra work on the project. 12. Salinas was ultimately.. tide to complbt`e installation ar' a sewer line, and— performed and passed all specified tests to demonstrate that the line was installed correctly. However, the City rejected the sewer line installation based on alternate tests which are not part of the Contract with the City or Specifications provided by TRC. Salinas performed extra work attempting to address the City's concerns about the sewer line but the City rejectedproperly performed work that is in full compliance with the Specifications. 13. Due in large part to the deficient design, Salinas failed to complete the project by the scheduled completion date. Salinas requested additional time to complete the project in accordance with the terms of the Contract but the City denied Salinas' multiple requests and wrongfully withheld liquidated damages from Salinas' progress payments. Further, .due to alleged defects in construction—all of which arise out of the defective design. the City withheld substantial payments for work in place. 14. Despite Salinas' adherence to the terms of the Contract and its willingness to continue to perform work at the Project site notwithstanding the City's unreasonable administration of the Contract and its provision of defective Specifications, the City wrongfully, and without just cause, terminated Salinas on October 8, 2013. tHLORIES OF RECOVERY BREACH OF CONTRACT 15. Salinas entered into a valid contract with the City to provide labor and materials in connection with the Project, in return the City agreed to pay Salinas for its work and services. _Assuch, the City is - a_ primer party to sue for breach of the Contract Salinas has properly performed work under the terms of the Contract and has subsequently invoiced and demanded payment from the CityMr-the Wei&performedTinaccordance` with"the`terms-oftheContract: -The- City's refusal to grant reasonable time extensions, and to timely pay Salinas for work in place constitute material breaches of the Contract. 16. All work and labor provided by Salinas at the City's request on the Project was performed in a good and workmanlike manner. All goods and materials provided by Salinas for the Project in connection with the work were of a kind and quantity to meet the Specifications. 17. As a result of the City's material breaches, Salinas has been damaged in an amount not less than $1,431,636.89 exclusive of costs, interest and reasonable and necessary attorneys' fees. 18. The City has failed and refused and continues to fail and refuse to pay the outstanding balance due to Salinas under the contract, plus interest thereon, despite Salinas' demands for payment. 19. As stated above, the City has waived immunity from suit and/or liability for breach of a written contract. 20. For these reasons, Salinas seeks recovery of its actual damages, costs of suit, interest and reasonable attorney's fees. WRONGFUL TERMINATION 21. The City's termination of Salinas' contract for allegedly failing to complete the contracted work within the Contract time and in conformance with the Specifications was wrongful. Salinas was prohibited from timely performance due in large part to the deficient plans and specifications _provided by the City. Salinas requested reasonable time extensions to complete the Contract work but the City rejected virtually all requests. Further, Salinas' work h "beentestedand- pprovedir-accordance"witlrthe Specificationsmyefithe:City ref sed omake - payment. And, while Salinas disagreed with the City's position with respect to the quality of the work, it was nevertheless addressing the City's concerns at the time the City issued a termination notice. 22. Salinas is entitled to recover the balance of the contract at the time it was wrongfully terminated and is entitled to reimbursement for the cost and expenses to complete all work on the Project at the direction and request of the City. VIOLATION OF THE PROMPT PAYMENT STATUTE 23. The City has violated Section 2251.001 et, seq. of the Texas Government Code by failing to pay Salinas within thirty days for services, performed in accordance to the Specifications and terms of the Contract for which the City was properly invoiced. CONDITIONS PRECEDENT 24. Salinas has fully performed all obligations and conditions precedent, if any, to be performed on its part. Ail conditions precedent have occurred, been satisfied, or otherwise been waived. ATTORNEYS' FEES 25. As a result of the City's breach of contract, Salinas was forced to retain counsel to recover the amounts due and owing. Pursuant to Section 2251.001 et. seq. of the Texas Government code and Section 38.001 of the Texas Civil Practices and Remedies Code, Salinas is entitled to its reasonable attorneys' fees for the prosecution of this entire case and costs incurred in enforcing and collecting the amounts due. Salinas has made formal presentment upon the City for:payment of the contraet.advanced herein more_than 30 clays prior toinstitution_of suit and has not been paid. PRl JUDGMENT A`ND"POSTJ UIJGMENT INTEREST- 26. NTEREST2b. Salinas is further entitled to prejudgment interest at the highest rate allowed by law for its claims based upon breach of contract and wrongful termination. 27. Salinas is further entitled to post judgment interest at the highest rate allowed by law for its claims based upon breach of contract and wrongful termination. 28. Accordingly, Salinas requests that it recover all of its costs of court and/or judgment be granted in favor of Salinas against the City of Seguin for its actual damages, interest, attorneys' fees, costs and pre and post judgment interest as allowed by law. Salinas further requests such other and further relief, both at law and in equity, to which it may show itself to be justly entitled. Respectfully submitted, COATS 1 ROSE Richard McSwain State Bar No. 24002588 1020 Northeast Loop 410, Suite 800 San Antonio, Texas 78209 Telephone: (210) 224-7098 Facsimile: (210) 212-5698 COUNSEL FOR PLAINTIFF, SAUNAS CONSTRUCTION TECHNOLOGIES LTD, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served on opposing.. counsel pursuant to the Texas Rules of Civil Procedure on this 19th day of Novemberj2013; astol1ows via fax p (512) 236-0682 —Tdffrey S: Chipman FORD NASsEN & BALDWIN P.C. 111 Congress Avenue, Suite 1010 Austin, Texas 78701 4852-0206-7222.vI Richard McSwain 2 CAUSE NO. 13 -1957 -CV SALINAS CONSTRUCTION 1`h,CHNOLOGIES, LTD Plaintiff, v. CITY OF SEGUIN Defendant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Third -Party Defendant § § § § § § § § § § IN THE DISTRICT COURT 25TH JUDICIAL DISTRICT GUADALUPE COUNTY, TEXAS CITY OF SEGUIN'S COUNTERCLAIM AND THIRD -PARTY PETITION AGAINST SALINAS CONSTRUCTION TECHNOLOGIES, LTD AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY TO THE HONORABT.F.JUDGE OF SAID COURT: Defendant, the City of Seguin ("City"), files this counterclaim petition against Plaintiff, - ..Salinas Construction T-echnoiogies LTD -("Salinas") _and third-partyT petition: against-Defendant,— Fidelity Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company ("Fidelity"), and for cause of action respectfully shows the Court the following: L PARTIES AND DISCOVERY CONTROL PLAN 1.1 Pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, discovery in this cause of action has been pled under a Level 3 Discovery Control Plan. 1.2 For its third -party petition, the City is providing the following information only for third -party defendant who has not yet appeared in this lawsuit: 1.3 The City is informed and believes that Defendant, Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company is an insurance company licensed to do business in the State of Texas. Fidelity may be served with process through its registered agent: Corporation Service Company, 211 East 7' Street Suite 620, Austin, Texas 78701-3218. II. FACTUAL BACKGROUND 2.1 In January 2012, Salinas entered into a construction contract with the City of Seguin for the construction an extension of sewer line, road paving, and associated work on a project known as the Geronimo Creek Sewer Project — Phase V. The contract was for $3,593,489.74. The Contract documents include general conditions, plans and specifications, among other documents, regarding the construction of a sanitary sewer and water line, drainage improvements including storm sewer installation, and the reconstruction of streets. 2.2 Pursuant to the contract documents and chapter 2253 of the Texas Government Code, a performance bond was provided by Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company guaranteeing performance of the contract should Salinas default and -fail--toWperforri its-obligations---The..tfoce bored is -numb er--9028945=and,it . attached hereto as Exhibit A. The contract documents between Salinas and Seguin are made part of the bond and its terms. Therefore, all obligations owed to the City of Seguin by Salinas are equally owed by Fidelity in the event of default by Salinas. 2.3 This project was a part of the City of Seguin's annexation of the Oak Village Neighborhood ("OVN"). The OVN annexation resulted in an arbitration agreement, requiring the City of City provide sewer to the newly annexed area by March of 2013. The City's plan for 2 providing the required sewer divided the project into 5 phases, referred to as Geronimo Creek Sewer Project Phase I, II, III, IV, and V respectively. Each phase, I-V, was treated as a separate project. 2.4 Salinas's contract at issue in this case covered Phase V of the Geronimo Creek Sewer Project. Because of the arbitrated deadline to provide sewer to OVN, time was of the essence. The contract between Salinas and the City was executed on January 23, 2012, The contract stated "the time of completion is the essence of the contract" and called for completion by March 2013. The Standard Form Agreement stated that the "Contractor agrees to complete and have in service all utilities (sewer and water) and all other related appurtenances as specified and showed on the plans, within 365 consecutive days as provided in the General Conditions of the Agreement." 2.5 Salinas began Work in March 2012. By May of 2012 the City became concerned that Salinas was falling behind schedule and might fall too far behind to complete the Work by the deadline. The City sent Salinas a letter expressing its concern about completing on time. In response, Salinas submitted an updated schedule showing it could complete the work on time. As it was the contractor's responsibility to ensure the Work was completed by the deadline, the City deferred to the contractor's schedule. However, in January of 2013 after Salinas's submission of a request for extra days to complete the work, the City realized it could not take the schedule at face value, as the -actual-progress-observed-on-the-Projectsite-did-not- comport -with -the -schedules and -delay -requests -- submitted submitted by Salinas. It was apparent to the City that the Project was not going to be completed on time. The City issued a letter to Salinas denying the request for additional days, explaining why the request was unwarranted per the contract and demanding construction proceed at a pace that would insure the timely completion of the project. 2.6 Around this same time in February of 2013, while inspecting other portions of the project, the City discovered that Salinas's crews had damaged existing facilities during construction. As the Contract required Salinas to protect existing facilities during construction and repair any 3 damage caused to the same, the City demanded Salinas repair the damage it caused to the existing facilities. Salinas refused to repair the damage. 2.7 The March completion deadline passed. Salinas failed to timely complete the Work by the deadline. As stated before, time was of the essence for this contract and the contract included a liquidated damages provision authorizing the City to withhold funds from Salinas in the event Salinas's work remained uncompleted by the time specified in the contract. Pursuant to its express contractual authority, the City demanded Salinas accelerate its performance to make up Iost days and the City withheld sums to protect it from damages for delay due to Salinas' failure to timely complete the project, as specifically allowed by the liquidated damages provision. More specifically, delayed performance by Salinas beyond the contractual completion date entitled the withholding of sums to cover accrued liquidated damages. In a letter dated August 14, 2013, Salinas acknowledged the City had the right to withhold liquidated damages for delay. 2.8 Additionally, as noted above, the City had previously put Salinas on notice of defective work that remained uncorrected. In order to protect itself and in accordance with Article 5 of the contract, the City withheld sums to cover the anticipated costs to correct and/or complete this work in accordance with the contract documents should Salinas fail to perform its contractual obligations. he,City notified.Salinas_in writing.:of.the..deficienciesmand failures .aincluding:failure .to.. clean the line, failure to install the line on grade, failure to install proper backfill, and failure to install ribbon curbs. 2.9 In response to this notice and request to repair and demand for acceleration from the City, Salinas continued to fail to perform its contractual obligations by refusing to correct its defective work and by refusing to accelerate its performance to make up lost days. Instead of performing, Salinas attempted to declare the City in default and threatened to suspend its performance. The City continued to demand Salinas correct the deficiencies and expeditiously work 4 to complete the Project. Salinas continued to refuse to acknowledge the deficiencies or present a proposal for repairs and instead continued to engage in a letter writing campaign in lieu of taking responsibility and action. 2.10 As it turned out, after inspections and testing, the City discovered portions of the gravity fed sewer line were not installed according to plans and specifications and not at the correct slope. Major defects in the work included: significant portions of the line sagging, portions of the line containing debris, taps improperly installed, and manholes sinking. Minor defects were also identified that required repair. The City needed and demanded Salinas to correct the defects. 2.11 The sewer line being constructed in this project is a gravity fed sewer line. In order for the line to function properly by moving sewage from users down the line towards an end destination to a treatment facility, the line must have a consistent or fairly uniform slope from manhole to manhole at a minimum Texas Commission on Environmental Quality ("TCEQ") • required slope of approximate one-tenth of one percent (0.11%). While this slope is very close to being flat, it is a slope proscribed by the TCEQ as a minimum and is a standard slope used on many wastewater treatment line construction projects. If the line fails to maintain a consistent slope, the line can become septic where sewage stalls and fails to flow as a result of normal gravitational forces. __ ._The ,Salinis did notconform to xhe. plans..and.specifications,.wasnot:.installecLat_a 0.11% slope, and sagged in multiple locations. 2.12 The City met with Salinas on September 17, 2013 to give Salinas the opportunity to acknowledge and address the deficiencies and offer a plan to correct and finish the work. Although Salinas acknowledged some of the defects and needs for repair, Salinas proposed that some of these repair items be ignored if the defect in the line was less than 31 -feet in length. Although, in an effort to have the work completed expeditiously, the City was potentially willing to waive its requirement that minor defects in the line be repaired, the City was not willing to allow major defects to go 5 unrepaired. Instead of offering a solution for correcting all of the major deficiencies, Salinas again resorted to writing letters. 2.13 The City continued to demand Salinas submit a proposal to correct the defective work. Salinas did not submit a proposal for the corrective work but instead began making repairs without a coordinated plan for repair. The repairs were not being done correctly and were causing additional problems, including contamination of materials. Due to this unacceptable situation, the City formally demanded again that Salinas propose a plan to correct and finish the work called for the in contract. 2.14 Salinas continued to refuse to provide a repair plan. At this point, the City felt like it had no choice but to suspend Salinas's performance at the project, formally declare Salinas in default, and demand that the surety, Fidelity, as the surety and issuer of the performance bond, immediately step in and arrange for the completion of the corrective work necessary to bring the sewer line and other deficient work into conformity with the design documents. The City sent the demand Ietter to Fidelity on October 2, 2013. Pursuant to the contract terms, Fidelity had 10 days to initiate action. If Fidelity failed to initiate action within .10 days, the City had the right to step in, correct the work and seek full reimbursement from Fiddlity and Salinas for all costs incurred in the performance, of obligationswupon which:Salinaadefaulted. 2.15 Salinas ignored the order to suspend performance and continued to ignore the requests for acknowledgment of responsibilities for correcting all defective work. Furthermore, even before the suspension order was issued, Salinas was months behind schedule and failed to make adequate progress towards completing the project. Work was erratic, Iacked direction, and failed to address critical path items, namely the completion of the sewer line to allow for paving operations to begin. Due to Salinas's material breaches of contract, the City terminated the contract. 6 2.16 Despite being given notice of the defective work and need for prompt corrective work and completion and despite the fact that Fidelity had been monitoring the project and was well aware of the issues that led to Salinas's termination including being involved for over two months during the process of demanding repairs, Fidelity chose not to accept its obligations to take over the project. Given the very delicate situation with the affected subdivision, the City was in no position to allow additional delays in waiting for Fidelity to take action. 2.17 The City gave and continued to give Fidelity opportunities to step in and take over the Project, but Fidelity did not; therefore, the City hired a replacement contractor to repair and complete the work. The City hired Jordan Foster to perform the repairs and completion of the Project. After adjustments in scope of work, the contract price was approximately $675,270.00 for the utility work, $606,587.00 for the Phase 1 Street work and $1,202.194.00 for the Phase II Street work. 118 The penal sum of the performance bond provided by Fidelity is $3,593,489.74. As such, the limit of Fidelity's liability for damages is $3,593,489.74, not inclusive of attorneys' fees and interest incurred by the City and caused by Fidelity's breach of its bond obligations. The City seeks full recovery of its damages from Salinas. Both Salinas and Fidelity would be jointly and severally liable for..the:first $3,5.93;482.74_awarded.to--tbe Cityyby_.thejury: III. COUNTERCLAIMS AGAINST SALINAS A. Breach of contract — Salinas 3.1 The City re -alleges and incorporates herein by reference, as though set forth in their entirety, the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and does not waive the right to amend the following allegations once substantial discovery is complete. 3.2 The City and Salinas entered into a valid and enforceable contract. The City has complied with its obligations contained in the contract. 7 3.3 The City hired Salinas to complete the project in a timely manner and in compliance with the Contract documents. Instead of timely completing its work, Salinas breached the Contract and did not complete the Project. The City would show that Salinas materially breached the Contract documents by failing to perform in accordance with its obligations. Among other things, Salinas failed to complete work according to the Project schedule, failed to produce work of acceptable quality, and failed to remedy its defective work. 3.4 As a direct and proximate result of Salinas's failure to perform in accordance with the Contract documents, the City has suffered damages within the jurisdictional limits of this Court, plus all applicable interest and attorney's fees resulting from the City's efforts to enforce its contractual rights. Tex. Civ. Prac. & Rem. Code 538.001. B. Negligence — Salinas 3.5 The City re -alleges and incorporates herein by reference, as though set forth in their entirety, the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and does not waive the right to amend the following allegations once substantial discovery is complete. 3.6 Salinas, as contractor represented itself to be competent and capable of performing the Work at the Project in the specified time, owed a duty to the City and landowners not to perfor _its,..w.or n a_negligent ashi z hat causeddamage_ to_work, adjacent,r he Project—Salinas has breached its legal duty and has proximately caused damages to the City as a result of its negligence. These damages are separate and apart from contractual damages caused by Salinas's breach of contract and are recoverable by the City under common law theory of negligence. 3.7 Salinas caused damage to existing facilities, monitoring wells and portions of Phase IV that require remediation and correction the City must provide. As a result of Salinas's negligent acts and the damage to the separate structures, the City has been damaged and seeks recovery of said damages from Salinas. 8 IV. CROSS-CLAIMS AGAINST FIDELITY A. Claims Under Performance Bond — Fidelity 4.1 The City re -alleges and incorporates herein by reference, as though set forth in their entirety; the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and does not waive the right to amend the following allegations once substantial discovery is complete. 4.2 The City would show that Salinas secured the performance bond from Fidelity and that the City has taken all steps necessary to, and in fact did, perfect its claims against the bond. Without limiting or waiving the generality of the foregoing, the City would show that its claims were perfected by sending all proper and timely notices required by law, if any. All conditions precedent have been satisfied in order to create and perfect said daims against the bond. The City seeks enforcement of the daims in the performance bond. 4.3 As a direct and proximate result of Fidelity's failure and/or refusal to perform in accordance with its obligations under the performance bond, the City has suffered damages within the jurisdictional limits of this Court, plus all applicable interest and attorneys' fees. V. ATTORNEYS' FEES 5.1 As a result of Salinas's breach, the City has been compelled to employ the .undersigned attorneys to._represent;,its..interest inthis_matter, and has: agreed to pay reasonable attorneys' fees for their services. Hence, pursuant to Section 38.001, et seq. of the Texas Civil Practice & Remedies Code, the terms of the contract and bond, and any other applicable Texas law, the City is entitled to recover of and from Plaintiff Salinas and Defendant Fidelity, jointly and severally, any and all reasonable and necessary costs and attorneys' fees, to be proven at the time of trial, for services rendered through and including the time of trial, post -trial motions, and any appellate actions before the Court of Appeals or the Texas Supreme Court. 9 VL INTEREST 6.1 The City would further show, by virtue of the laws of the State of Texas, that it is entitled to recover all legal and equitable interest, both pre -judgment and post -judgment, at the highest legal rate of and from Plaintiff and Defendants, jointly and severally, as allowed by Texas law. VII. DAMAGES 7.1 As a direct and proximate result of Plaintiff's and Defendant's failure to perform its contractual and bond obligations, the City has been damaged in the amount of approximately $2,439,051.00 and herein seeks recovery of these damages. Requested damages are within the jurisdictional limits of this Court. VIII. CONDITIONS PRECEDENT 8.1 All conditions precedent to the City's right to recover the relief herein requested have been performed or have occurred as required by Rule 54 of the Texas Rules of Civil Procedure. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant, the City of Seguin, prays that Defendants appear and answer and that the City have judgment against Plaintiff for the following. Damages within the jurisdictional limits of this court; Reasonable attorney fees; Pre -judgment and post -judgment interest as allowed by law; Costs of suit; and All other relief the Court deems appropriate. 10 Respectfully submitted, THE CHAPMAN FIRM, PLLC 7000 North Mopac, Suite 180 Austin, Texas 78731 (512) 872-3840 (512) 879-9033 facsimile By: Jeffrey S. Chapman State Bar No. 24026469 Caroline Hall State Bar No. 24085689 CERTIFICATE OF SERVICE I certify that a true copy of this document has been served on the persons or parties identified below in accordance with one or more of the methods of service recognized by the Texas Rules of Civil Procedure on the 18th day of November, 2014. Sylvan S. Lang, Jr. Lang Law Firm 13409 N.W. Military Hwy., Suite 210 San Antonio, Texas 78231 Phone: 210.479.8899 Fac_ 210.479:009 Email: sylvanglangfirm.com Via email and fax Christopher R. Ward Strasburger & Price, LLP 901 Main Street, Suite 4400 Dallas, Texas 75202 Phone: (214) 651-4722 Fax: (214) 659-4108 Email: Christopher.Ward{a strasburger.com Via email and fax Jeffrey S. Chapman Caroline Hall 11 PROJECT BUDGET Waldron Road (Glenoak to Caribbean Street) June 9, 2015 FUNDS AVAILABLE: Street 2014 Tax Notes (Bond 2014) $ 516,136.36 Street 2015 General Obligation Fund (Bond 2014) 1,283,863.64 Storm Water CIP 164,675.00 Water CIP 79,044.00 Wastewater CIP 85,631.00 Ordinance (Street) 200,000.00 Ordinance (Water) 953,920.00 Ordinance (Wastewater) 202,880.00 Ordinance (Storm Water) 138,552.00 Total........... $ 3,624,702.00 FUNDS REQUIRED: Construction : Construction Contract (Bay, Ltd) $ 2,580,631.90 Street 1,454,235.55 Stormwater 120,480.00 Water 829,497.35 Wastewater 176,419.00 Contingencies (5%) 129,031.60 Construction Inspection (In House) (2.25%) 81,555.80 Construction Materials Testing Agreement (Rock Eng) 22,016.50 Engineer and Design Fees: *Design Engineer - Urban (Original and 2 Amendments) 699,700.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1%) 32,150.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) (1.5%) 48,225.00 Misc. (Printing, Advertising, etc.) 5,000.00 Total $ 3,598,310.80 Estimated Project Budget Balance $26,391.21 *Original contract approved Feb. 11, 2014 by Ordinance 030083 Amendment No. 1 approved March 14, 2014 Administratively Amendment No. 2 approved July 15, 2014 Administratively K:\Engineenng\LEGISTAR\10 - June 9, 2015\W aldron\Project Budget -Waldron NOT TO SCALE PROJECT LOCATION WAL D RO N ROAD GLENOAK DR TO CARIBBEAN DR BOND 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Waldron Road from Glenoak to Caribbean BOND 2014 Council Presentation June 9, 2015 Project Scope Corpus Chrsti Capital Programs Project includes: • Replace existing 5 -lane road with 4 -lanes and continuous center lane. • Flexible pavement design with concrete bus pads. • Curb & Gutter, ADA compliant sidewalks/ramps, pavement striping. • 10' sidewalks (east side) & 5' sidewalk (west side.) • Utility upgrades. 2 Project Schedule Corpus Chr sti Capital Programs 2014 2015 2016 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Design Dec Jan Feb Mar Apr Bid & Award May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar AprlMay Jun Jul Aug Ili Construction Project Estimate: 210 Calendar Days 7 Months AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 9, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: 5/15/2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse Grangefield Development, LLC. for construction of off-site wastewater collection line for Grange Park Unit 1 CAPTION: Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a wastewater collection line and appropriating $153,270.00 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Grangefield Development, LLC, will install 633 linear feet of 15 -inch PVC collection line to provide adequate wastewater for Grange Park Unit 1 Subdivision. The site is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC"), Grangefield Development, LLC, is requesting a Reimbursement Agreement for the off-site wastewater line extension required in order to plat Grange Park Unit 1 Subdivision, as shown on the preliminary plat. The public improvement plans have been approved for the development. The site is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. The subdivision will consist of 52 single family residential lots. The development requires the extension of 633 linear feet of 15 - inch wastewater collection line in order to provide adequate wastewater to the property. The 15 -inch wastewater extension qualifies as a collection line. A layout of existing and proposed improvements is included as Exhibit 3. The Wastewater Master Plan calls for the construction of a 15 -inch sanitary sewer collection line south of Slough Road. If the actual costs for installation of such sanitary sewer collection lines 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 Sanitary Sewer Collection Line Trust Fund for that portion of the sanitary sewer collection line installed by the developer up to the maximum reimbursement criteria. In this case, the total cost of construction for the 15 -inch offsite sanitary sewer collection line is $315,052.41 minus $20,436 lot and acreage fees. This project meets the UDC's maximum reimbursement criteria for the offsite sanitary sewer collection line in the amount of $153,270.00 (15 -inch line x $20,436 x 50%). ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,507,634.47 Encumbered / Expended Amount $525,832.30 This item $153,270.00 BALANCE $828,532.17 Fund: Sanitary Sewer Collection Line Trust Fund, Developer Reimbursements Comments: Balance reflects amount wastewater agreement for Sandy Creek Subdivision. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance ORDINANCE AUTHORIZING EXECUTION OF A WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH GRANGEFIELD DEVELOPMENT, LLC ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER COLLECTION LINE AND APPROPRIATING $153,270.00 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the attached wastewater collection line extension construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC, including all related appurtenances, for the development of Grange Park Unit 1 Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $153,270.00 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the wastewater collection line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Grangefield Development, LLC ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 8, 2014 to develop a tract of land, to wit: approximately 9.230 acres of land, more or Tess, a portion of Lot 6, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, known as Grange Park Unit 1, located along the south side along Slough Road; east of Rodd Field Road and south of Amethyst Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install one (1) lump sum 15 -inch pipe connection at Lift Station; 2. Install 633 linear feet 15 -inch PVC pipe; 3. Install 633 linear feet dewatering for 15 -inch pipe; 4. Install 633 linear feet crushed stone embedment; 5. Install 900 square yards pavement patching; 6. Install three (3) 5 -foot diameter manholes; 7. Install one (1) lump sum 8 -inch PVC drop connection; 8. Traffic control during construction and 9. Install 633 linear feet trench safety b. The Wastewater Extension must begin at the new proposed wastewater manhole at the northeast corner of Grange Park Unit 1 and extend approximately 633 linear feet and connect to existing Lift Station. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by June 23, 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 and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 2 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before June 23, 2016. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 3 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Grangefield Development, LLC attn: Jacqueline Azali and Alyeh Hatami Fardy 4322 Lake Superior Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 WN Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 Page 4 or 8 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $153,270.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. WW Reimb Agml Grangefield Development -Grange Unit 1 vFinal doc.doc Page 5 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4 1.15 d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 9.230 acres of land, more or less, a portion of Lot 6, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 6 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4,1.15 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Daniel M. Grimsbo Director, Development Services APPROVED AS TO FORM: • Ute, Julian Grail'Senior Assistant City Attorney For the City Attorney STATE OF TEXAS COUNTY OF § , 2015. OWNER: Grangefield� el ;. � ent, +f` i "e By: Jac This instrument was acknowledged before me on Y/'/I44' J.3 Jacqueline Azali, Manager, Grangefield Development, LLC., a TT xas Corporation, n bah . f of • _-ry Publ/ s Signature. W , 2015, by said corporation. 1-MEVw� TANYA ROJAS My Commission Expires October 15, 2017 WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 7 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1 15 STATE OF TEXAS COUNTY OF OWNER: Grangefield Development, LLC. By:. ___7-Eil- Alyeh Hatami Fardy, Manager This instrument was acknowledged before me on f iI3 2015,by Alyeh Hatami Fardy, Manager, Grangefield Development, LLC., Texas Corporati?n, . behalf of said corporation. ry Public; igna '`re TANYA ROJAS My Commission Expires October 15, 2017 WW Reimb Agmt Grangefield Development -Grange Unit 1 vFinal doc.doc Page 8 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 STATE of TEXAS OWN, OF NUECES § . GRANGEFIEtD DEVET.OP NI YO HEREBY ,TRAY THAT wE ARE T7 roL DF HE urvO EN HFAETOFORE DE i PREVIouSLT DE GTE 5 BEES MESHERE�NOEDIGTEO IN fFE SIMPLE AND FAS pug% roggrar,, 1.4s plIcA,uou FOREVER, AND THAT THIS PLAT WAS MADE FOR THE THIS THE DAY OF 20 . STATE OF TEXu 4 COUNTY OF NUECES § PAIS INSTRUM.T WAS ACKNOWLEDGED BEFORE ME BY JACOLIEUNE AZALLI AS MEMBER OF GRANCEEIED DEVELOPMENT. LLC. THIS THE DAY OF 20_ STATE OF TEXAS § COUNTY of NUECES 8 PLIS THE _ DAY OF 20 NOTES: NOTARY PUBLIC IN AND FOR THE STATE OF TEUS D FOR 1. THE TOTAL PLATTED AREA IS 9.2.10 ACRES INCLUDING STREET DEDICATIONS. 2. THE SUBJECT SBE IS IN ZONE 050 (EL 10) ANO ZONE "B' ACCORDING TO EMA MAP, COMMUNITY PANEL 4&5494 0540 C, REVISED MARCH 18, t9B5. S. THE THE %CEO HASS CLASESIFIEEN HE AQUATICOR THE STORM WU ERUSENOFF FOR THE 0SDI BAYAS'000001100)00.'ST. MID WATERS. TOED ALSO CATEGORIZED THE RECEIVING WATER AS CONTACT RECREATION THE FINISHED FLOOR ELEVATIONS SI-A.U_ BE A MINIMUM OF 18 INCH. ABOVE THE CENTERLINE OF THE HIGHEST ADJACENT ROADWAY_ 5. THE BASIS OF BEARINGS IS HE SOUTHEAST BOUNDARY USE UNE OF THE SUBJECT SITE, S28,9.62, AS SHOWN, PARALLEL TO THE EST BOUNDARY LINE OF AN 11..3 ACRE cEOT `IFI' DRAINAGE Row TRACT ALaNG HE SOuitr g-ruNIOARY 5. SET 5/8' IR.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. T AND IS SUBJECT TO CHANCE AS THE ZaNINGEMpIREMENT OF THE UNIFIED DEVELOPMENT CODE STATE OF TEXAS § COUNTY OF NUECES § NGD PLATT WAS PREPIS TRUE AND CORRECT AND ARED SURVEYOR OF BASS S FROM LAH DE ON THE AT WE HAVE PEEN GAGEDGROUND UNEER TO SET RALL LOT MCOR ERSOUPON COMPLETION OF SUBONISION CONSTRUCRON IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF 20 FRED' S FOLLY STARRY RD. 400' 800' 1600' SCALE 11= 800' LOCATION MAP 1' = 800' rOO MC�n T 81fR1 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 A 9. 230 ACRE TRACT OF LAND, MORE ER LESS, A PO TIEN EF DR OCT 072014 LET 6, SECT 25, FLEUR BLUFF AND ENC INAL EARN AND GARDEN NACORPUS CHRISTI, NUECES COUNTY, TEXAS o: 4/0/114T BASS 8, WELSH ENGINEERING - FIRM N0F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 NWT* 1 of rE STATE OF TEXAS COUNTY OF NUECES § HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EM WITHIN ETHE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDNISION AND DEDICATION FOR HE PURPOSES AND CONSIDERATIONS THEREIN TITLE STATE OF TEXAS COUNTY OF NUECES § HIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME). _ (TITLE), OF -MIS THE DAY OF 20 NOTARY PUDg% IN AND FOR THE STATE OF TEXAS § COUNTY DF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMEM OF DEVELOPMENT SERVICES OF HE CITY OF CORPUS CHRISTI. TEXAS W MSON, OEVELAPMENL SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FIN. T OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE Citt OF CORPUS BY THE PUNNING COMMISSION. THIS THEDAY OF CHNRMAN SECRETARY PHILIP J. RAMIREZ, ALA., LEED Oe STATE OF TEXAS COUNTY OF NUECES § I. DIANA T. BARRERA, CLERK of THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT 20 FOREGOING ITS CERTIFICATE OF TED AUTHENTICATION. WAS FILED FOR RECORD IN MY OFFICE HE DAY OF 20 AT O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN HE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WRNESS MY HAND AND SEAL OF P -IE COUNTY COURT IN AND FOR SAID COUN, AT =ICE IN CORPUS CHRISTI, NLIEC. COUN,, TEXAS. THE DAY AND YEAR LAST DEPU DIANA T. BARRERA, CLERK Exhibit 1 Page 1 of 2 N R6, I I I L R4 H. 17 SII 1N 16 J L 15 0E 66. 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CL DRAINAGE CHANNEL 31, CITY OF - / CORPUS CHRISTI, V. 2005, P. 080, - - - - D. R. AND V. 2046, P. 021, D. R. / CL AMETHYST 0R.-- CURVE DATA, CB5521.13' 38'E B�SYa902'+3'N glr2T '7" D 25' 50' 100' SCALE, 1'= 50' 004166.16' 10, 01552 90' pp DD OCT fL 8 2014 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 JOB NO, 0555 Exhibit 1 Page 2 of 2 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of proposed GRANGE PARK UNIT 1 subdivision, hereby request reimbursement of $153,270.00 for the installation of the waste water collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17092. $294,616.41 is the construction cost, including 11% Engineering d Surveying, as shown by the cost supporting documents attached THE STATE OF TEXAS § COUNTY OF NUECES § 5-7 /5 Jac' -line r"i, - 1 -ger Da - Grangehel . *- - ' - opment, LLC This instrument was acknowledged before me on Wit 1Li , 2015, by 3 CO & WU,A (Name), A{,lYt (Title), of Grangefield Development, LLC,a Texas Corporation, on be alf of the said 9 pP corporation. CHRISTINA MARTINEZ Notary Public, State of Texas My Commission Expires November 17, 2016 THE STATE OF TEXAS § COUNTY OF NUECES § Nota Public in and for the State Texas .51-4//r Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC This instrument was acknowledged-T�before me on 1 , 2015, by t'CL 1() t T/�l (Name), !Jana (Title), of Grangefield Development, L C, a Texas Corporation, on betValf of the said 9 P corporation. 1/01,N CHRISTINAMARTINEZNotaryPublicStateofTexas1.4 My Commission Expires NAV, November 17, 2015 otary Public in and for the Stet l f Texas Exhibit 2 Page 1 of 3 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Sanitary Sewer Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date Exhibit 2 Page 2 of 3 1 APPLICATION FOR WASTE WATER CREDIT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of proposed GRANGE PARK UNIT 1 subdivision, hereby apply for $20,436.00 credit towards the waste water lot fee for the collection line extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $315,052.41 is the construction cost, including 11/0 Engineerin • : nd Surveying, as shown by the cost supporting documents att %e• "-rewith. Jacqueline Az Grangefield De THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _\04(‘ IAD M-.- ent, LLC Date kkit 1 , 2015, by (Name), GAY- (Title), of Granefield Development, LLC, a Texas Corporation, on behalf of the said corporation. ,•►'"!`Atrke CHRISTINA MARTINEZ Notary Public, State of Texas My Commission Expires November 17, 2015 THE STATE OF TEXAS § COUNTY OF NUECES § Notary Public in and for the State Texas 7//s_ Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC This instrument was acknowledged before me on 0,(11)\ —1W (Name), �.1�'110� I-1745 ir eid Development, LL Texas Corporation, on bcYlalf , 2015, by (Title), of Graf gefi p , of the said corporation. CHRISTINA MARTINEZ Notary Public, State of Texas My Commission Expires %`` November 17, 2015 Nota Public in and for the State Exhibit 2 Page 3 of 3 MAPACNIEMIENTS TO RANGE PARK UNO7 1 1110709 NUIECIES COUNTY, 7 a CORPUS ICK 1.72"......""a"r—WZ-1.1•=t= =;`, .71-X-Mrzakta-g§±-11171,- 54.12_5150.4.225 r. " " " " " • • " " IIIMIL,DISCHLTheaeri MIUMMODPIMES C.) • • ••• • I. •••• • ••• pm- 01001 00 010T WM 00, - - - "". 1111211L,MINVICIZIKAMIL HILMARD12611 =IMO WRY. 030/ 0.11 • •00.112 MOW. Mit - ••••• mum ems ••• us. ••• •"" • """ ````' • MOO. MM. &NS M.MIL ••• v.... us S.. W. CALL BEFORE YOU DIG! =WE r... -7113"e-31.2 4.4 40. 00 001.1.11. rose 001..••••• ""'""" ..-•-•“a•••• nr,1717s"Mr.z.m.i.:C=Mita'Ell'EF. • =•••"" 4.47÷76=6-41WAY: LIT ir 11 ""fr a • *sr lutr ts.11=1 se, le re nrArinm me*, 911, MEN, SHEET 1 COVER SHEET MO InSCELIMEOUS INFORY.4050. SHEET 2 ROINC. ater0C MIS ORMAGE KM. SIRE/T MIS SlCs SEWER MOMS SHEET 3 SHEET 4 SHEET 5 554Te31 SEN54 exEl were"! Pew MIS sehrtorr SEN. PeCRES 540.2.4 1411ER mewls PP11V001004 Km, ESTNNeTE 53334037 010 545E 11100 STREET MO SCOW( OVALS 71 **us BeSS *ELSH E4.4334. IN ass 4.Ne 0.01 INPRLINEHEHTS ID GRANISE PS MIT 1 5134502 111101051 KEELS GI TN COoE. SHUT INGCC1.1100. •• -es— "4" , „ Exhibit 3 Page 1 of 5 Fitt 15 -- - i.m _ __— 200 300 3.00 66600 --- 4.00 s m... —.— .T- , W 4:a:, - -�•-. _ — ....... .. ... Ch""P.Y. 'ft ..dI g. -....... -.4. orik .e 6.867..23 ...%V..... 1.m 2.00 PRmILr-ymnnnr i Y 3 00 ..00 5620 6.00 • ,r 1.00 0'00 . 5 —Y —•^ T 10 PROFILE - 206.146 0•r 47.4 I.002 m 3.00 4.00 5.03 PPw1l -1TR1R Srvvq ROY r"- 31 ID ,TI11,1111, 01 8,8,,,,.... r. nd.L..-R...m... 11 n uee 0 0(0511 D OISRR r Moe. 01•5111. RIM ?Ono 1.nRO•E.2111 W 00 0RAR6t PARK 11 1 11. WELLS P.v1.G. 0000(10. 0110 000IR.r,E 1.011 (100(1 0110 Sr6+R 5[000 P001105 Exhibit 3 Page 2 of 5 1.m I."' a2ar .5c 3.00 4.00 5.00 6.30 1.00 0-1161 15 MOP • 10 1.00 2.00 3 00 •51114ar 1 LIME11[MRr IEI1 M• It 112-41 MUD a• 6.00 5.m 6 00 --Ya - Ping 10 rh Wer. rm. o.ea C@ .-.a...av�.e1..... w wa 11N0.Aa1 -6101, wL^xg•� u.. 1 iM •S.N11M uyIi ,L[ e_ • PrW 1M J.`.miga •RK .x evroa L:G..n:P \, 041.m *00 _ '9 ALL 810.04 ROAD� .1' L . a n ,-CL N4111166 CC 111.4..E ,500 2 a 400 - 4.00 -_ - 5100 __-_--- .'w 1•'><' • r;� rr •4ol , �,�. .n. 1" �15 ]0 10 Xb CV {li e_.S IIIN -''4 0 w .. o x1 _ ° LLI, --.... -5 �i g1..14 r a.1r +. firErtat rrTU [ - 5041144. rvEa IIK •L l 1 MPMet —i— 1 61 Exhibit 3 Page 3 of 5 Mee IMP SIP Pea alePerip sr nova .1 Kemp • 1=47 gpippop IPPN Pt. PPP PP PP ESTIMATE SUMMARY PP OK Mil ee PAPP IP •Pg PliPMPIN PAPP IMO PP Pee I•eabiga PO IP Ng liggiglaf PI 5L� SEBWENI.TIBN SCREEN RNC( imp pep MVP le PP Ire Pa ON Mama P We IP PP Pug NM PP pee. 10.1.1•111i pia •IPPL Pap! IS Me migi OPP Mfg PPIPPega IP Ningegaisli IMP MO gegeargen C ,�y, sE ,..P i N ..o w . CL MCIII/ST Pn�trttM PRFYEi1i 1IN bTFC V a sinal PwBT S▪ I'"''Siw`T wu^Iwu:"w 8.n �" m�'iliw:Ra�ov.u. • ":•••• n?: wIM"te OW= r TTPICb CFFT up,n a.o STABILIZED CEINSTRUCTIM ENTRANCE BASS .NO .EiS11 DaGriEEBMG n y m n.l, 11116 ?WM i..�i1� .fai1.N rLI.NPOY D PRKto 11 CORPUS EIS EES 1 ix SI m...ro1 Kurta BE.omoN or* w1. pT...TE S.WWf, un a.sE 10.3 Owe 35.11/100•29 51 aRtf Exhibit 3 Page 4 of 5 Tetr.T.r. el FTWAtV..4.1: ZAMA:al: VI., JVPrAll rrin4 - PI(FIR,FQ rnuranrr1 I1I1 ra cam AT A, OE PRI,POSPII Sin P1:r. TYPICAL STREET SECTION - bO ROW Lar_sAxemser. .(4). :1;4%7; • " " '""a" ROZ-ICC SCR SUPPORT ASSFMBLY DEO& - END OF RON) BARRICADE INSFALLSRQH (FRE 04 - AR ()N(U MARKERS) oas VOIATIC S1SN rark.44ast DV,. (A) POIKOC 9.01 501.1).(( IKSULIATION ••• Dir,Akr.111,11.^.. otaa.-SadoNessom.r. " .U'701411.1..0020130 MSS AO rasa Now..., .157Parni t -it 7,1 1=0.. SMUT MAP. rIIs1l routec (71 SIAM Sao STERALK 00.119 AAA maz ca. P(A. •AA -AA -=.)-- 9.2,9_ Exhibit 3 Page 5 of 5— Vargo Plumbing Fred Vargas RM 40594 1541 Clodah Dr, Corpus Christi Exhibit 4 Page 1 of 3 Grange Park Unit 1 Qty Cost Total Street and Surface Items 1. 6" Curb and Gutter 2650 LF $10.13 26840 2. 2" HMAC 3672 SY $15.50 56760 3. 6" Crushed Limestone Base to 2' BC 5757 SY $11.50 65940 4. 1-1/2 " HMC 907 SY $12.00 10878 8" Lime Stabalized subgrade to 2' BC 5757 SY $4.12 23700 6. Excavation 1 LS 33345 7. Clearing and Grubbing 1 LS 25760 8. Street signs 2 EA $600 12000 9.4' Concrete Walk 11888 SF 52840 308063 308063 Linear Park Items 1. 10° Concrete Walk 6850 $3.80 26000 2.Clearing and Grubbing and Earthwork 1 EA 15000 41000 41000 Service Storm Sewer Items 1. 15" RCP 135 LF $29.00 3921 2. 18" RCP 633 LF $31.70 20044 3. 24' RCP 270 LF $33.43 9026 4. 30" RCP 199 LF $52.25 10395 5. 5' inlet 4 EA $2,490 9960 6. Manhole 2 EA $2,800 5602 7.R/C End of Pipe structure in Ditch 1 EA 2614 61562 61562 Sanitary Sewer Onsite 1. 8" PVC Pipe 872 LF $31.18 27187 2. 10" PVC Pipe 793 LF $36.20 28710 3. FG Manhole 4' Dia 7 EA $4,132 28927 4. 4" PVC 52 EA $452 23490 108314 108314 Sanitary Sewer Trunk Main Items Exhibit 4 Page 1 of 3 Exhibit 4 Page 2 of 3 1. 15" Pipe Connection at Lift Station 1 LS 12000 2. 15 " PVC Pipe 633 LF $230 145590 3. Dewatering for 15 " Pipe 633 LF $44 27852 4. Crushed Stone Embedment for 15" P 633 LF 520 12660 5. Pavement Patching 900 SY $30 27000 6. 5' Dia FO Manhole 3 EA $14,000 42000 7. 8" PVC Drop Connection 1 LS $5,000 5000 8. Traffic Control During Construction 1 LS 3500 9. Trench Safety For SS Trunk 633 LF 513 8229 283831 283831 Onsite water Items 1. 6" PVC Pipe 1365 LF $17.25 23568 2. 12 " Tapping Saddle 1 EA 3375 3. 6" Cap Tappd for 2" 1 EA 900 4. 6" Gate Valve w/box 5 EA 5754 3768 5. 6"90 EL 2 EA $281 562 6. 6" Tee 2 EA $281 562 7. 6" Dia x 3 PVC Pipe Nipple 6 EA $183 1100 8. Fire Hydrant Assembly 2 EA $3,178 6356 9. 2" HDPE Pipe 270 LF $7.60 2025 10. 2' Double Strap Connecton w/2" 2 EA $281 562 11. Water Service Single 4 EA $435.75 1743 12. Water Service Double 24 EA $468.75 11250 55771 55771 12" Grid Main Water Items 1. 12" PVC Pipe 350 LF 560 21000 2. 12" Tee 2 EA $1,500 3000 3. 12" 90 EL 1 EA 950 4. 12" Cap Tapped for 2" 1 EA 850 5. 12" Gate Valve w/box 1 EA 2950 6. Traffic Control During Construction 1 LS 3000 31750 31750 Miscellaneous Onsite Items 1. Traffic Control and Barricading 1 LS 2268 Planning and Permitting 2. Trench Safety and Excavations 2910 LF 51.51 4401 3.Remove and Relocate P Pole and G Wire 1 LS 6817 13486 13486 903777 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 GRANGE PARK UNIT 1 OFFSITE SANITARY SEWER COST ESTIMATE 03/17/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SANITARY SEWER TRUNK MAIN ITEMS 1 15" PIPE CONNECTION AT LIFT STATION 1 LS 12,000.00 12,000.00 2 15" PVC PIPE 633 LF 230.00 145,590.00 3 DEWATERING FOR 15" PIPE 633 LF 44.00 27,852.00 4 CRUSHED STONE EMBEDMENT FOR 15" PIPE TO 6" BELOW & 12" ABOVE & TO SIDES OF PIPE 633 LF 20.00 12,660.00 5 PAVEMENT PATCHING 900 SY 30.00 27,000.00 6 5' DIA FG MANHOLE 3 EA 14,000.00 42,000.00 7 8"PVC DROP CONNECTION 1 LS 5,000.00 5,000.00 8 TRAFFIC CONTROL DURING CONSTRUCTION FOR SS TRUNK MAIN CONSTRUCTION 1 LS 3,500.00 3,500.00 9 TRENCH SAFETY FOR SS TRUNK MAIN CONSTRUCTION 633 LF 13.00 8,229.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING SUBTOTAL LESS WASTEWATER LOT FEE SUBTOTAL MAXIMUM AMOUNT REIMBURSEABLE 15 X $20,436.00 X 50% 283,831.00 31,221.41 315,052.41 -20,436.00 $294,616.41 $153,270.00 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor 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, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor'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 and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City or Corpus Christi. Texas Department of Development Services City of�is �" as Corpus Christi, re78469 4277 Texas 7 COITUS Located (361)826-3240 at 2406 L pard Stied s CLLR 1S Lc (CmnerorLeopard St. and Port Ave.! DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: STREET: FIRM is: Btorporation CITY: ,• aA ZIP: n `Y ❑ Other ❑ Partnership ❑ Sole Owner 0 Association 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 Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Print) Signature of Certifying Person. K.IDEVELOPMEN1SVCSSHARED1?SND DINE Lona NTO .. ANCE AD STATEMENT1 27 12 DOC Title: Pre,c 44 Date: 1CATION FORMSIFORMS AS PER LEGAL52OITDISCI O URE 1NTERESIS Page 1 of Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KIDEVEWPMENTSVCSLSUAREDNLANO DEVELOPMENrORDINANCE ADMINISfRATIONIAFFLICATION FORMSIFORMS AS PER LEGAL570121OISCWSURE OF INTERESTS SrATEMENr12712DOC Pa e 2 of 2 Exhibit 6 9 City of PI Corpus Christi bwolitimowilwoo DISCLOSURE OF INTERESTS City or Corpus Christi, Texas Depanment of Development Services P O Box 9277 Corpus Chnsti. Texas 78469.9277 (361)826.3240 Located at 2406 Leopard Street (Comer of Leopard St and Pon 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" withAel k NAME: -k Irta LA % FCA r + STREET: L4I e- Li f, are Clef j . oat ZIP: ii -T FIRM is: Morporation 0 Partnership 0 Sole Owner 0 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 "firm". Name Job Title and City Department (if known) 114W _ 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ! 1!1.- rural Title; later (Print) , Signature of Certifying Person: /42 / tel . Date: S1L., + 5 K1DEVELOPAIENTSVCS'S1trtREDLAND DEVELOPMENTORDINANCE ADMT1ISTRATIONAPPLICATUON FORMS.FORAIS AS PER LEOAL20I2 DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT] .27 12. DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "Consultant-. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOPAIENTSVCS'SHAREDLAND DEVELOP5tENTORDINANCE ADSIINISTRATIOMAPPLICATIONFOR5IS'FOR .lS AS PER LEGALL0I2'DISCLOSURE OF INTERESTS STATEMENT! 27 l2 DOC Pa e 2 of 2 Exhibit 6 9 GRANGE PARK UNIT 1 AERIAL OVERVIEW MAP AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 9, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo , P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 5/15/2015 Approval of agreement and appropriating ordinance to reimburse Grangefield Development, LLC, for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Grangefield Development, LLC ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $16,574.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Grangefield Development, LLC, is required to install 350 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 Slough Road, east of Rodd Field Road and south of Amethyst Drive. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), Grangefield Development, LLC, is requesting a Reimbursement Agreement for the development of Grange Park Unit 1 as shown on the final plat. The subdivision is located south along Slough Road, east of Rodd Field Road and south of Amethyst Drive. The development requires the extension of 350 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 Slough 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 $35,242.50 minus the lot/acreage fee of $18,668.00 which equals $16,574.50. 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 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 $790,928.61 This item $16,574.50 BALANCE $918,170.67 Fund(s): Arterial Transmission & Grid Main Line Trust Fund, Developer Reimbursements Comments: Balance reflects amount for Parkview Unit 1 Arterial Grid and Transmission Construction and Reimbursement Agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH GRANGEFIELD DEVELOPMENT, LLC ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $16,574.50 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 the attached water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Grangefield Development, LLC ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Grange Park Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $16,574.50 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 Grangefield Development, LLC ("Developer "), 4322 Lake Superior, Corpus Christi, Texas 78413. 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 Grange Park Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Grange Park 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 Slough Road at the Northeast corner of Rancho Las Brisas Unit 1 Subdivision for a distance of 350 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 Slough Road for a distance of 400 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 Grange Park 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 350 linear feet of 12 -inch PVC waterline pipe. 2. Install two (2) 12 -inch tees. 3. Install one (1) 12 -inch 90 degree EL. 4. Install one (1) 12 -inch cap. 5. Install one (1) 12 -inch gate valve with box. 6. Install lump sum traffic control and barricading plan. 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. 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. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 2 of 10 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 June 23, 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 June 23, 2016. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 3 of 10 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; 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. lf, 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 Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 4 of 10 majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Grangefield Development, LLC 4322 Lake Superior Corpus Christi, Texas 78413 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, Retum 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 excess of $25,000. The performance and payment bond must comply with Texas Govemment 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. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 5 of 10 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 $16,574.50. 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 (Exhibit 5). 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 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, Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 6of10 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, (I1) 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. 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, Grange Park 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. Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 7 of 10 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 6. 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 Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 8 of 10 Developer Grangefield Development, LLC 4322 Lake Superior Corpus Christi, Te. Jiff" ANIJINIWA— 'ali By: Jacqu=ine Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Jaqueline Azali Manager, for Gr- ■ efeld-Development, LLC, and acknowledged before me on the day of %/ , 2015. Developer Grangefield Development, LLC 4322 Lake Superior Corpus Christi, Texas 78413 By: "- J`' TANYA ROJAS key My Commission Expires October 15, 2017 rtco Alyeh Hatami Fardy Manager THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Alyeh Hatami Fardy, Manager for Grange Development, LLC, andackn before me on the ( day of ) , 2015. ubli Sta a of TANYA ROJAS My Commission Expires October 15, 2017 Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo City Secretary Director, Development Services 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. n1/4 Julian Gant, Senior Assistant City Attomey For the City Attomey Arterial Tran and Grid Main Reimb Agmt Grangefield Development, LLC -Grange Park Unit 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 5.4.15 Page 10 of 10 STATE of TEXAS OWN, OF NUECES § . GRANGEFIEtD DEVET.OP NI YO HEREBY ,TRAY THAT wE ARE T7 roL DF HE urvO EN HFAETOFORE DE i PREVIouSLT DE GTE 5 BEES MESHERE�NOEDIGTEO IN fFE SIMPLE AND FAS pug% roggrar,, 1.4s plIcA,uou FOREVER, AND THAT THIS PLAT WAS MADE FOR THE THIS THE DAY OF 20 . STATE OF TEXu 4 COUNTY OF NUECES § PAIS INSTRUM.T WAS ACKNOWLEDGED BEFORE ME BY JACOLIEUNE AZALLI AS MEMBER OF GRANCEEIED DEVELOPMENT. LLC. THIS THE DAY OF 20_ STATE OF TEXAS § COUNTY of NUECES 8 PLIS THE _ DAY OF 20 NOTES: NOTARY PUBLIC IN AND FOR THE STATE OF TEUS D FOR 1. THE TOTAL PLATTED AREA IS 9.2.10 ACRES INCLUDING STREET DEDICATIONS. 2. THE SUBJECT SBE IS IN ZONE 050 (EL 10) ANO ZONE "B' ACCORDING TO EMA MAP, COMMUNITY PANEL 4&5494 0540 C, REVISED MARCH 18, t9B5. S. THE THE %CEO HASS CLASESIFIEEN HE AQUATICOR THE STORM WU ERUSENOFF FOR THE 0SDI BAYAS'000001100)00.'ST. MID WATERS. TOED ALSO CATEGORIZED THE RECEIVING WATER AS CONTACT RECREATION THE FINISHED FLOOR ELEVATIONS SI-A.U_ BE A MINIMUM OF 18 INCH. ABOVE THE CENTERLINE OF THE HIGHEST ADJACENT ROADWAY_ 5. THE BASIS OF BEARINGS IS HE SOUTHEAST BOUNDARY USE UNE OF THE SUBJECT SITE, S28,9.62, AS SHOWN, PARALLEL TO THE EST BOUNDARY LINE OF AN 11..3 ACRE cEOT `IFI' DRAINAGE Row TRACT ALaNG HE SOuitr g-ruNIOARY 5. SET 5/8' IR.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. T AND IS SUBJECT TO CHANCE AS THE ZaNINGEMpIREMENT OF THE UNIFIED DEVELOPMENT CODE STATE OF TEXAS § COUNTY OF NUECES § NGD PLATT WAS PREPIS TRUE AND CORRECT AND ARED SURVEYOR OF BASS S FROM LAH DE ON THE AT WE HAVE PEEN GAGEDGROUND UNEER TO SET RALL LOT MCOR ERSOUPON COMPLETION OF SUBONISION CONSTRUCRON IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF 20 FRED' S FOLLY STARRY RD. 400' 800' 1600' SCALE 11= 800' LOCATION MAP 1' = 800' rOO MC�n T 81fR1 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 A 9. 230 ACRE TRACT OF LAND, MORE ER LESS, A PO TIEN EF DR OCT 072014 LET 6, SECT 25, FLEUR BLUFF AND ENC INAL EARN AND GARDEN NACORPUS CHRISTI, NUECES COUNTY, TEXAS o: 4/0/114T BASS 8, WELSH ENGINEERING - FIRM N0F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 NWT* 1 of rE STATE OF TEXAS COUNTY OF NUECES § HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EM WITHIN ETHE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDNISION AND DEDICATION FOR HE PURPOSES AND CONSIDERATIONS THEREIN TITLE STATE OF TEXAS COUNTY OF NUECES § HIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME). _ (TITLE), OF -MIS THE DAY OF 20 NOTARY PUDg% IN AND FOR THE STATE OF TEXAS § COUNTY DF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMEM OF DEVELOPMENT SERVICES OF HE CITY OF CORPUS CHRISTI. TEXAS W MSON, OEVELAPMENL SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FIN. T OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE Citt OF CORPUS BY THE PUNNING COMMISSION. THIS THEDAY OF CHNRMAN SECRETARY PHILIP J. RAMIREZ, ALA., LEED Oe STATE OF TEXAS COUNTY OF NUECES § I. DIANA T. BARRERA, CLERK of THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT 20 FOREGOING ITS CERTIFICATE OF TED AUTHENTICATION. WAS FILED FOR RECORD IN MY OFFICE HE DAY OF 20 AT O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN HE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WRNESS MY HAND AND SEAL OF P -IE COUNTY COURT IN AND FOR SAID COUN, AT =ICE IN CORPUS CHRISTI, NLIEC. COUN,, TEXAS. THE DAY AND YEAR LAST DEPU DIANA T. BARRERA, CLERK Exhibit 1 Page 1 of 2 N R6, I I I L R4 H. 17 SII 1N 16 J L 15 0E 66. IS PR 35 BLH 1 l 14 I. 13 12 N29° IS 00' 03' 10 E 679. 9 90' 8 7 R I 66, F. lz SaK 1. 6 I in J eA:.%, vmaaa\» 10' STREET DEDICATION •m/ CL SLOUGH ROAD O 166, Ln so, 60 S ss F ss o 25' YR - 12 566 sor -"---_°-_-"--- 61 55 6 SF 10 55 SF 66 -xe- 9 55 SF 66 55 5F s --'------6- 7 5566 SF 6 5566 SF 5' s 556 SG ` +81E-137-8-,13' 5 4 5566 SF 25' YR 50,00"n o 53 B9 SF _� 15 24'35 50,05' 3 ',II /z w 51i0iN 12 63. 20'� -5046 gG Q n .R 4.8 3J �(_--___ 128.90 N29° R `N 50. 60' T---„--529°DO'03'W _ 5- = 50. 60, 95' 20, 4] 521,24'---05564 ry N29°00'03 E 521.24' _-___-1., ' 313'23 _ - 0. 35" WCID➢H➢60 2 E LN N O 313'23 S29.00'03'W 518.65'_ 12' i5 53.38 06'5 7. U23. 3� N29° 00' 03" E S29° 00' 03" W' 10.58' 2.59' N60°59'57"5,220,00' 50. 90' I 9 Ia I 50. 90' 1 '1„- - I - � II��\ o SF Ie, ,10' OE N60.59' 57'N' -9 5' UE '~ x n - 5' UE 50� 90' `9, 65' 1s. G3' i / 9 F 95 50 x 559 SF 99 , 55 SF 5' 8 x 599 SG 11E579.00' - J 5599 SF 25' YR 69 F 5599 S - 03' E 4 99 50, 90' 3 s7la SF S0. 90' z 0s T 6 s 511N I 3] 55 ' 5 '.. IP 03 L P --c 5 of 55 SF SI 99 SF 36 - -- 5599 5F 5 --- _�- x 38 5599 55 UE 39 5599 SF _ O 405 5599 F \� 9 SF 42 99 SF ,,` 25=R 99 5 SF '_ UE \ �'i 44 50, 90' L 51. 81' 995 51. H 46 7I .11 S 6. to F� 15' oI 'II Jt' 40� 02' / 1,1 W C1 v IfJ 576,0106,6 651. 53, '0 S29° 00_03214.5 707. 25' '-- PENNINE WAY I--- ��� 529. 00'03'V \662.\9 -\ N /-51. 3 21 N-51, ST 1 S ON a F o J]' - " 12 15]01 SF ,71 PI 1d :II oz _ 11 01 SF �tyy_ 10 ]O6 S ^ L 9 700 S ^ 5F „ 8 555 S ^ " 7 5500 SF n s -\\ N. 99 \.655'95 6 SF \ n UE •, 25' SF O. u " Y57 R 6 99 s,5 �_``n�� 10'UEn 51. n' 99 SF 3787 X51. 77 52. 57' S 52, SJ 40. 1N--1\ s 14 5 t9 2x o 55,00' c ,t1,. 3"F`OF 26, 528.59'42'W 677.04' o 20' DE 50 0 313 N-tt--- 20' DE A 5,,170' P - 0286 59' 42" W 686, 97' CITY DRAINAGE 856, V. 2005, P. 880, 0. R. CL DRAINAGE CHANNEL 31, CITY OF - / CORPUS CHRISTI, V. 2005, P. 080, - - - - D. R. AND V. 2046, P. 021, D. R. / CL AMETHYST 0R.-- CURVE DATA, CB5521.13' 38'E B�SYa902'+3'N glr2T '7" D 25' 50' 100' SCALE, 1'= 50' 004166.16' 10, 01552 90' pp DD OCT fL 8 2014 PLANNING COMMISSION PLAT OF GRANGE PARK UNIT 1 (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 JOB NO, 0555 Exhibit 1 Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of the proposed GRANGE PARK UNIT 1 subdivision, hereby request reimbursement of $16,574.50, as provided for by City Ordinance No. 17092. $35,242.50 is the construction cost, including 11% Engineering, Surveying, and Testing, in excess of the lot fee, as shown b th - • st suppo ' g documents attached Al herewith. THE STATE OF TEXAS § COUNTY OF NUECES § 5 1 15 Jacqu = ine i, Man ger Da e Grangefield : - - opment, LLC This instrument was acknowledged before me on 1 , 2015, by O C Y«L (Name), WIVIA (Title), of Grangefield Development, LLC, a Texas Corporation, on behalf of the said corporation. SLin 'LI iegwenON semdx3 uolsslwwoD AN : sexel to ei91s '3pgnd AaaioN ..... ..qi,, I Z3NIldVW YNusI$HO :;%,) 41ens THE STATE OF TEXAS § COUNTY OF NUECES § otary Public in dnd for the St • e •fTexas 577//c Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC This instrument was acknowledged before me on , 2015, by iXlky)( I-1' tt 1 ,(Name),)J1O(X(Title), of Grangefield Development, LLC",a Texas Corporation, on behalf of the said 9 P corporation. 1 CHRISTINA MARTINEZ Notary Public. State of Texas My Commission Expires November 17, 2016 i Notary Public in and for the St f1'exas Exhibit 2 Page 1 of 3 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. si c• Iopment Services Engineer Date Exhibit 2 Page 2 of 3 APPLICATION FOR WATER LINE CREDIT We, Grangefield Development, LLC, 4322 Lake Superior, Corpus Christi, Texas, 78413, owners and developers of proposed Grange Park Unit 1 subdivision, hereby apply for $18,668.00 credit towards the water lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $35,242.50 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost upporting documents attached herewith. / I ArelfIZ- me17'ager - elopment, LLC Jacqu Grangefield THE STATE OF TEXAS § COUNTY OF NUECES § _5— 7 Dat This instrument was acknowledged before me on 1 20 lb _, 2015, by '11 VI' 'l,4iya AU% (Name), Okan (Title), of Gran efield Development, LLC, a Texas Corporation, on bl3fialf of the said corporation. f CHRISTINA MARTINEZ Notary Public, State cif Texas My Commission Expires November 17. 2015 THE STATE OF TEXAS § COUNTY OF NUECES § NQ)I\ry l Public in an for the Sta exas ,."9 /---- 4 )1 ' Alyeh Hatami Fardy, Manager Date Grangefield Development, LLC ThisM ` instrument was acknowledgedTarin before me on }J1 Ll JSi t , 2015, by Uy n j , 1 t'�il (Name), _(Title), of Grangefield Development, 11C, a Texas Corporation, on behalf of the said corporation. !;.►'!!14,;:.•% CHRISTINA MARTINEZ ' - Notary Public, State of Texas rt..i ,. My Commission Expires '4:4704Z.V November 17. 2015 \ibtehnCk Notary Public in and for the St -yam -xas Exhibit 2 Page 3 of 3 MAPACNIEMIENTS TO RANGE PARK UNO7 1 1110709 NUIECIES COUNTY, 7 a CORPUS ICK 1.72"......""a"r—WZ-1.1•=t= =;`, .71-X-Mrzakta-g§±-11171,- 54.12_5150.4.225 r. " " " " " • • " " IIIMIL,DISCHLTheaeri MIUMMODPIMES C.) • • ••• • I. •••• • ••• pm- 01001 00 010T WM 00, - - - "". 1111211L,MINVICIZIKAMIL HILMARD12611 =IMO WRY. 030/ 0.11 • •00.112 MOW. Mit - ••••• mum ems ••• us. ••• •"" • """ ````' • MOO. MM. &NS M.MIL ••• v.... us S.. W. CALL BEFORE YOU DIG! =WE r... -7113"e-31.2 4.4 40. 00 001.1.11. rose 001..••••• ""'""" ..-•-•“a•••• nr,1717s"Mr.z.m.i.:C=Mita'Ell'EF. • =•••"" 4.47÷76=6-41WAY: LIT ir 11 ""fr a • *sr lutr ts.11=1 se, le re nrArinm me*, 911, MEN, SHEET 1 COVER SHEET MO InSCELIMEOUS INFORY.4050. SHEET 2 ROINC. ater0C MIS ORMAGE KM. SIRE/T MIS SlCs SEWER MOMS SHEET 3 SHEET 4 SHEET 5 554Te31 SEN54 exEl were"! Pew MIS sehrtorr SEN. PeCRES 540.2.4 1411ER mewls PP11V001004 Km, ESTNNeTE 53334037 010 545E 11100 STREET MO SCOW( OVALS 71 **us BeSS *ELSH E4.4334. IN ass 4.Ne 0.01 INPRLINEHEHTS ID GRANISE PS MIT 1 5134502 111101051 KEELS GI TN COoE. SHUT INGCC1.1100. •• -es— "4" , „ Exhibit 3 Page 1 of 5 Fitt 15 -- - i.m _ __— 200 300 3.00 66600 --- 4.00 s m... —.— .T- , W 4:a:, - -�•-. _ — ....... .. ... Ch""P.Y. 'ft ..dI g. -....... -.4. orik .e 6.867..23 ...%V..... 1.m 2.00 PRmILr-ymnnnr i Y 3 00 ..00 5620 6.00 • ,r 1.00 0'00 . 5 —Y —•^ T 10 PROFILE - 206.146 0•r 47.4 I.002 m 3.00 4.00 5.03 PPw1l -1TR1R Srvvq ROY r"- 31 ID ,TI11,1111, 01 8,8,,,,.... r. nd.L..-R...m... 11 n uee 0 0(0511 D OISRR r Moe. 01•5111. RIM ?Ono 1.nRO•E.2111 W 00 0RAR6t PARK 11 1 11. WELLS P.v1.G. 0000(10. 0110 000IR.r,E 1.011 (100(1 0110 Sr6+R 5[000 P001105 Exhibit 3 Page 2 of 5 1.m I."' a2ar .5c 3.00 4.00 5.00 6.30 1.00 0-1161 15 MOP • 10 1.00 2.00 3 00 •51114ar 1 LIME11[MRr IEI1 M• It 112-41 MUD a• 6.00 5.m 6 00 --Ya - Ping 10 rh Wer. rm. o.ea C@ .-.a...av�.e1..... w wa 11N0.Aa1 -6101, wL^xg•� u.. 1 iM •S.N11M uyIi ,L[ e_ • PrW 1M J.`.miga •RK .x evroa L:G..n:P \, 041.m *00 _ '9 ALL 810.04 ROAD� .1' L . a n ,-CL N4111166 CC 111.4..E ,500 2 a 400 - 4.00 -_ - 5100 __-_--- .'w 1•'><' • r;� rr •4ol , �,�. .n. 1" �15 ]0 10 Xb CV {li e_.S IIIN -''4 0 w .. o x1 _ ° LLI, --.... -5 �i g1..14 r a.1r +. firErtat rrTU [ - 5041144. rvEa IIK •L l 1 MPMet —i— 1 61 Exhibit 3 Page 3 of 5 Mee IMP SIP Pea alePerip sr nova .1 Kemp • 1=47 gpippop IPPN Pt. PPP PP PP ESTIMATE SUMMARY PP OK Mil ee PAPP IP •Pg PliPMPIN PAPP IMO PP Pee I•eabiga PO IP Ng liggiglaf PI 5L� SEBWENI.TIBN SCREEN RNC( imp pep MVP le PP Ire Pa ON Mama P We IP PP Pug NM PP pee. 10.1.1•111i pia •IPPL Pap! IS Me migi OPP Mfg PPIPPega IP Ningegaisli IMP MO gegeargen C ,�y, sE ,..P i N ..o w . CL MCIII/ST Pn�trttM PRFYEi1i 1IN bTFC V a sinal PwBT S▪ I'"''Siw`T wu^Iwu:"w 8.n �" m�'iliw:Ra�ov.u. • ":•••• n?: wIM"te OW= r TTPICb CFFT up,n a.o STABILIZED CEINSTRUCTIM ENTRANCE BASS .NO .EiS11 DaGriEEBMG n y m n.l, 11116 ?WM i..�i1� .fai1.N rLI.NPOY D PRKto 11 CORPUS EIS EES 1 ix SI m...ro1 Kurta BE.omoN or* w1. pT...TE S.WWf, un a.sE 10.3 Owe 35.11/100•29 51 aRtf Exhibit 3 Page 4 of 5 Tetr.T.r. el FTWAtV..4.1: ZAMA:al: VI., JVPrAll rrin4 - PI(FIR,FQ rnuranrr1 I1I1 ra cam AT A, OE PRI,POSPII Sin P1:r. TYPICAL STREET SECTION - bO ROW Lar_sAxemser. .(4). :1;4%7; • " " '""a" ROZ-ICC SCR SUPPORT ASSFMBLY DEO& - END OF RON) BARRICADE INSFALLSRQH (FRE 04 - AR ()N(U MARKERS) oas VOIATIC S1SN rark.44ast DV,. (A) POIKOC 9.01 501.1).(( IKSULIATION ••• Dir,Akr.111,11.^.. otaa.-SadoNessom.r. " .U'701411.1..0020130 MSS AO rasa Now..., .157Parni t -it 7,1 1=0.. SMUT MAP. rIIs1l routec (71 SIAM Sao STERALK 00.119 AAA maz ca. P(A. •AA -AA -=.)-- 9.2,9_ Exhibit 3 Page 5 of 5— Vargo Plumbing Fred Vargas RM 40594 1541 Clodah Dr, Corpus Christi Exhibit 4 Page 1 of 3 Grange Park Unit 1 Qty Cost Total Street and Surface Items 1. 6" Curb and Gutter 2650 LF $10.13 26840 2. 2" HMAC 3672 SY $15.50 56760 3. 6" Crushed Limestone Base to 2' BC 5757 SY $11.50 65940 4. 1-1/2 " HMC 907 SY $12.00 10878 8" Lime Stabalized subgrade to 2' BC 5757 SY $4.12 23700 6. Excavation 1 LS 33345 7. Clearing and Grubbing 1 LS 25760 8. Street signs 2 EA $600 12000 9.4' Concrete Walk 11888 SF 52840 308063 308063 Linear Park Items 1. 10° Concrete Walk 6850 $3.80 26000 2.Clearing and Grubbing and Earthwork 1 EA 15000 41000 41000 Service Storm Sewer Items 1. 15" RCP 135 LF $29.00 3921 2. 18" RCP 633 LF $31.70 20044 3. 24' RCP 270 LF $33.43 9026 4. 30" RCP 199 LF $52.25 10395 5. 5' inlet 4 EA $2,490 9960 6. Manhole 2 EA $2,800 5602 7.R/C End of Pipe structure in Ditch 1 EA 2614 61562 61562 Sanitary Sewer Onsite 1. 8" PVC Pipe 872 LF $31.18 27187 2. 10" PVC Pipe 793 LF $36.20 28710 3. FG Manhole 4' Dia 7 EA $4,132 28927 4. 4" PVC 52 EA $452 23490 108314 108314 Sanitary Sewer Trunk Main Items Exhibit 4 Page 1 of 3 Exhibit 4 Page 2 of 3 1. 15" Pipe Connection at Lift Station 1 LS 12000 2. 15 " PVC Pipe 633 LF $230 145590 3. Dewatering for 15 " Pipe 633 LF $44 27852 4. Crushed Stone Embedment for 15" P 633 LF 520 12660 5. Pavement Patching 900 SY $30 27000 6. 5' Dia FO Manhole 3 EA $14,000 42000 7. 8" PVC Drop Connection 1 LS $5,000 5000 8. Traffic Control During Construction 1 LS 3500 9. Trench Safety For SS Trunk 633 LF 513 8229 283831 283831 Onsite water Items 1. 6" PVC Pipe 1365 LF $17.25 23568 2. 12 " Tapping Saddle 1 EA 3375 3. 6" Cap Tappd for 2" 1 EA 900 4. 6" Gate Valve w/box 5 EA 5754 3768 5. 6"90 EL 2 EA $281 562 6. 6" Tee 2 EA $281 562 7. 6" Dia x 3 PVC Pipe Nipple 6 EA $183 1100 8. Fire Hydrant Assembly 2 EA $3,178 6356 9. 2" HDPE Pipe 270 LF $7.60 2025 10. 2' Double Strap Connecton w/2" 2 EA $281 562 11. Water Service Single 4 EA $435.75 1743 12. Water Service Double 24 EA $468.75 11250 55771 55771 12" Grid Main Water Items 1. 12" PVC Pipe 350 LF 560 21000 2. 12" Tee 2 EA $1,500 3000 3. 12" 90 EL 1 EA 950 4. 12" Cap Tapped for 2" 1 EA 850 5. 12" Gate Valve w/box 1 EA 2950 6. Traffic Control During Construction 1 LS 3000 31750 31750 Miscellaneous Onsite Items 1. Traffic Control and Barricading 1 LS 2268 Planning and Permitting 2. Trench Safety and Excavations 2910 LF 51.51 4401 3.Remove and Relocate P Pole and G Wire 1 LS 6817 13486 13486 903777 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 GRANGE PARK UNIT 1 12" GRID MAIN COST ESTIMATE 04/22/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 ITEM PRELIMINARY COST ESTIMATE QUANTITY UNIT UNIT PRICE AMOUNT 12" GRID MAIN WATER ITEMS 1 12" PVC PIPE 350 LF 60.00 21,000.00 2 12" TEE 2 EA 1,500.00 3,000.00 3 12" 90° EL 1 EA 950.00 950.00 4 12" CAP TAPPED FOR 2" 1 EA 850.00 850.00 5 12" GATE VALVE W/BOX 1 EA 2,950.00 2,950.00 6 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) FOR 12" WTR 1 LS 3,000.00 3,000.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING SUBTOTAL LESS WATER DISTRIBUTION SYSTEM LOT FEE TOTAL AMOUNT REIMBURSEABLE 31,750.00 3,492.50 35,242.50 -18,668.00 $16,574.50 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor 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, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor'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 and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City or Corpus Christi. Texas Department of Development Services City of�is �" as Corpus Christi, re78469 4277 Texas 7 COITUS Located (361)826-3240 at 2406 L pard Stied s CLLR 1S Lc (CmnerorLeopard St. and Port Ave.! DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: STREET: FIRM is: Btorporation CITY: ,• aA ZIP: n `Y ❑ Other ❑ Partnership ❑ Sole Owner 0 Association 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 Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Print) Signature of Certifying Person. K.IDEVELOPMEN1SVCSSHARED1?SND DINE Lona NTO .. ANCE AD STATEMENT1 27 12 DOC Title: Pre,c 44 Date: 1CATION FORMSIFORMS AS PER LEGAL52OITDISCI O URE 1NTERESIS Page 1 of Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KIDEVEWPMENTSVCSLSUAREDNLANO DEVELOPMENrORDINANCE ADMINISfRATIONIAFFLICATION FORMSIFORMS AS PER LEGAL570121OISCWSURE OF INTERESTS SrATEMENr12712DOC Pa e 2 of 2 Exhibit 6 9 City of PI Corpus Christi bwolitimowilwoo DISCLOSURE OF INTERESTS City or Corpus Christi, Texas Depanment of Development Services P O Box 9277 Corpus Chnsti. Texas 78469.9277 (361)826.3240 Located at 2406 Leopard Street (Comer of Leopard St and Pon 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" withAel k NAME: -k Irta LA % FCA r + STREET: L4I e- Li f, are Clef j . oat ZIP: ii -T FIRM is: Morporation 0 Partnership 0 Sole Owner 0 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 "firm". Name Job Title and City Department (if known) 114W _ 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ! 1!1.- rural Title; later (Print) , Signature of Certifying Person: /42 / tel . Date: S1L., + 5 K1DEVELOPAIENTSVCS'S1trtREDLAND DEVELOPMENTORDINANCE ADMT1ISTRATIONAPPLICATUON FORMS.FORAIS AS PER LEOAL20I2 DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT] .27 12. DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "Consultant-. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOPAIENTSVCS'SHAREDLAND DEVELOP5tENTORDINANCE ADSIINISTRATIOMAPPLICATIONFOR5IS'FOR .lS AS PER LEGALL0I2'DISCLOSURE OF INTERESTS STATEMENT! 27 l2 DOC Pa e 2 of 2 Exhibit 6 9 GRANGE PARK UNIT 1 AERIAL OVERVIEW MAP AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: April 7, 2015 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — General Operations and Support WesP@cctexas.com (361) 826-3082 Ordinance Amending City Code of Ordinances Regarding Island Strategic Action Committee Election of Officers CAPTION: Ordinance Amending City Code of Ordinances "the Code" Regarding Island Strategic Action Committee (ISAC) Election of Officers. PURPOSE: To approve Ordinance Amending the Code Regarding ISAC Election of Officers. BACKGROUND AND FINDINGS: In February 2010, the City Council amended Article IV. Miscellaneous Boards, Commissions, and Committees; Chapter 2- Administration; Code of Ordinances by adding a new Division 29 to establish the Island Strategic Action Committee. Sec. 2-294 "Quorum; procedures; officers; staff liaison, meeting; subcommittees" provides: (c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice -chair to serve during the initial two-year term. Thereafter, the chair and vice -chair shall be elected by a majority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held each year at the first regular meeting after appointments to fill expiring terms. Recently, four (4) ISAC voting committee members resigned or reached his or her term limitations. With a board of 13 members, four (4) members constitutes 31% of the membership. Four (4) new members were appointed to the ISAC on March 24, 2015. Per Sec. 2-294 of the Code, the Committee is directed to select a new chair and vice- chair from among its nine (9) incumbents and four (4) newly appointed members "at the first regular meeting after appointments to fill expiring terms." Generally, member's terms expire in March and officer elections take place annually in April. At the March 2015 ISAC meeting, the committee moved to propose an amendment to Ordinance No. 028488. The amendment will move the language governing the selection of the chair and vice chair from the ordinance to the committee by-laws. This will allow the committee to determine when to select their leaders, effectively allowing newly appointed members the opportunity to become familiar with their peers on the ISAC for nine (9) months before voting in an election for chair and vice -chair. The ISAC voting schedule is as follows: Month/Year Officer Term Ends April 2015 Chair and Vice -Chair December 2015 December 2015 Chair and Vice -Chair December 2016* April 2016* Chair and Vice -Chair December 2016 December 2016 Chair and Vice -Chair December 2017 *In the event that one of the six (6) members whose term expires in March 2016 is elected as an officer in December 2016, an election will take place in April 2016 to elect an officer for the completion of expiring officer's one-year term. ALTERNATIVES: Make no changes to ordinance; leave ordinance as is. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: 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: RECOMMENDATION: Staff recommends approving this resolution. LIST OF SUPPORTING DOCUMENTS: Ordinance Red -Line Ordinance Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee election of officers NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Division 29, Section 2-294 is amended regarding Island Strategic Action Committee, by deleting the redlined struck through text, and adding the underlined text, as follows: "DIVISION 29. - ISLAND STRATEGIC ACTION COMMITTEE Sec. 2-291. - Created; purpose. The Island Strategic Action Committee is created to advise the mayor and city council on development and implementation of the Mustang -Padre Island Area Development Plan. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-292. - Duties. (a) The Island Strategic Action Committee shall develop specific strategies for implementation of the Mustang -Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. (b) The highest priority projects for the Island Strategic Action Committee include, but are not limited to: (1) Recommending appropriate Mustang -Padre Island Area Development Plan projects for inclusion in the next city bond program. (2) Recommending implementation of sustainable new or additional funding sources for the Mustang -Padre Island Area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects. (3) Provide annual input into the city's capital improvements program. (4) Recommend state legislation pertaining to island concerns. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-293. - Membership; terms; filling vacancies; ex -officio members. (a) The Island Strategic Action Committee shall consist of thirteen (13) members appointed by city council. The membership must include: (1) A member of the Padre Isles Property Owners Association, who has been nominated by the association. (2) A residential property owner who owns property and resides on Mustang or Padre Island. (3) A commercial property owner who owns property and operates a business on Mustang or Padre Island. (4) A developer of property on Mustang or Padre Island. (5) A member of the Padre Island Business Association, who has been nominated by the association. (6) An architect or professional engineer, who does work on projects on Mustang or Padre Islands. Page 1 (7) A realtor, who primarily represents buyers or seller of property on Mustang or Padre Islands. (8) A construction contractor, who primarily works on projects on Mustang or Padre Islands. (9) A representative of an environmental group. (10) Four (4) at large representatives who are residents of the city. (b) Not less than twelve (12) members of the action committee must reside or own property on Mustang or Padre Island. One (1) of the at large representatives may, but is not required to, reside on Mustang or Padre Island. (c) Notwithstanding the requirement in section 2-65, the city council may appoint not more than four (4) members of the action committee who do not reside within the city if they own or represent the owner of property on Mustang or Padre Islands. (d) Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the city secretary's office. Thereafter, all terms shall be three (3) years. (e) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. The assistant city manager, development services and director, economic development serve as ex - officio members of the action committee without vote. (f) (g) The following organizations may appoint a representative to serve as an ex -officio advisory member of the action committee without vote: (1) Planning Commission. (2) Watershore and Beach Advisory Committee. (3) Park and Recreation Advisory Committee. (4) Nueces County. (5) Nueces County Water Control and Improvement District No. 4. (6) Corpus Christi Convention and Visitors Bureau. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-294. - Quorum; procedures; officers; staff liaison, meetings; subcommittees. (a) The majority of members constitute a quorum, provided that the majority vote of the quorum is necessary for the adoption or approval of any matters before the action committee. (b) The action committee may adopt its own rules of procedure for the conduct of its business and may amend the rules from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice -chair to serve during the initial two-year term. Thereafter, the chair and vice -chair shall be elected by a majority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held eac-h-year-at the first regular meeting after appointments to fill expiring terms in accordance with the adopted rules of procedure. (d) The director, economic development, or designated representative, serves as the staff liaison and assist with the action committee with its duties. (e) The action committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. Page 2 (f) The chair of the action committee, with the approval of the action committee, may establish such subcommittees as may be necessary or appropriate to assist the action committee in its studies and in the performance of its duties. Members of subcommittees may be appointed from among members of the action committee; ex -officio advisory members; Mustang or Padre Island residents, who reside in Corpus Christi; Mustang or Padre Island property owners, who reside in Corpus Christi; and Mustang or Padre Island business owners, who reside in Corpus Christi. (Ord. No. 028488, § 1, 2-16-2010) SECTION 2. In the event of any conflict between any other ordinances and the changes made by this Ordinance, the provisions of this Ordinance shall control with respect to the Island Strategic Action Committee. This ordinance takes effect upon final City Council approval That the foregoing ordinance was read for the first time and passed to its second reading on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , 2015, 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 , 2015, 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 Page 3 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 19, 2015 Second Reading for the City Council Meeting of May 26, 2015 DATE: April 24, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Single -Family to Multifamily For AAF -Vantage at Corpus Christi Property Address: 10113 Up River Road CAPTION: Case No. 0415-05 AAF -Vantage at Corpus Christi.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property is described as being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. PURPOSE: The purpose of this item is rezone the property to allow for a 300 unit apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (April 22, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District to allow for a 300 unit apartment complex. The proposed development plan for the site shows a 300 -unit apartment complex to include amenities, such as a clubhouse, pool, parking and other features on the site. The subject property is suited for the proposed project. The apartment structures would be three stories in height, which could not exceed a maximum height restriction of 45 feet for the requested zoning district. A site plan provided shows the proposed layout of the apartment complex, which includes boat parking and storage. The proposed land use with the requested zoning is consistent with both the City's Comprehensive Plan and the adopted Northwest Area Development Plan. The inconsistency with the Future Land Use Plan's designation for commercial uses on the front half of the property can be over -ruled by the fact that there is sufficient commercial uses planned in this area and residential uses will support the commercial uses planned nearby ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan. The proposed rezoning to the "RM -1" Multifamily 1 District is consistent with the adopted Future Land Use Plan designation of medium density residential at the rear but inconsistent with commercial uses planned at the frontage. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: 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 Vantage at Boerne Apartments ENGINEER ING Traffic Impact Analysis Vantage at Corpus Christi Apartments UP River Road Corpus Christi, Texas Traffic Assesment GKW Engineering May 8, 2015 Gni ENGINEERING Q�oo,%O r 5°.• °••1/S f* . *�o G9AngeI Felipe Gonzalez X1-0%. 1 0601 3 .... -o �Q ��,F.�ICEN5- °.'cp`' 4%sION AL E4;G' a 'oQ�47 04;0 Sealed by Angel F. Gonzalez on May 8, 2015 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 1 Olt ENGINEER ING Table of Contents DESCRIPTION PAGE Table of Contents 2 Table of Exhibits 3 Executive Summary: 5 Description of Proposed Development: 5 Field observation and Data Collection at the intersection of Up River Road and Deer Run: 6 Analysis and Results 8 Impact from Proposed Development: 9 Results and Conclusions: 9 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 2 ENGINEERING Table of Exhibits Exhibit 1 — Aerial Layout Exhibit 2 — Project Site Plan Exhibit 3 — Existing School Site Exhibit 4- Sugested School Site and Roadway configuration 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 3 ENGINEERING Chris Weigand 5710 W. Hausman Road, Suite 115 San Antonio, TX 78249 Office: 210.860.9224 chris.weigand@bigreddog.com Re: Traffic Engineering Report Vantage Apartments on Up River Road, Corpus Christi TX Dear Mr. Weigand: May 8, 2015 As requested, GKW has prepared a traffic study, letter report of the proposed development located along Up River Road, between Deer Run and Carbon Plant Rd. This report is prepared in accordance Texas Department of Transportation guidelines. The scope of the report is based on the field investigation of the existing traffic patterns within the site and to examine the impact of the development to the current condition for the intersection of Up River Road at Deer Run (School Entrance). For the evaluation process, GKW performed traffic data collection within the area. 24 Hr counts, Tourning movement counts, pictures and video were taken during the peak hour of the morning and the peak hour of the school. PM peak hour was not taken since the volume significantly dropped after school pickup time. Below is the list of data collection: 1. Tourning movement count at Up River Road and Deer Run (unsignalized) 2. 24 hr bi directional count at Up River Road North and South of the intersection. 3. 24 hr approach count from Deer Run to Up River Road. 4. 24 Hr. Bi directional count at Carbon Road between Up River Road and IH 37 Frontage 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 4 ENGINEERING Executive Summary: The development will generate a total 86 vehicles per hour in the weekday a.m. peak hour and 112 vehicles per hour in the weekday p.m. peak hour. Traffic from the development will be typical of residents that will be living in it, employees, and people interested in apartment living. The distribution and study area will run along Up River Road. Access points will be located onto Up River Road and Harington Drive. Based on analysis and conclusions in this report, our recommendations are as follows. • Proposed development: based on the projected traffic volumes, the proposed development will have no significance impact to the existing intersection of Up River Road at Deer Run. • Up River Rd at Deer Run: Based on the LOS analysis, it was concluded that existing lane configuration is capable of handling the traffic volume during a normal traffic condition. That said, due to the school drop off and release time, significant queue was observed on Up River Road approaches and on Deer Run. As part of the report, we are providing suggestion on how to manage the current issue. (See Exhibit 3) • General Recommendation: Locate development signs and landscaping to avoid obstructing motorist view and reducing sight distance at the development driveway. Description of Proposed Development: The proposed development for the 20 -acre unimproved tract will be located approximately 1000 ft. South of Up River Road and Deer Run. (See Exhibit 1 — Aerial Vicinity Map). Proposed use is most similar to Mid -rise Apartments (ITE Land Use Code 223). This land use yields trips as shown in Table 1 — Trip Generation. The size of development provided on the Master Land Plan, up to 288 dwelling units, represents full build out, in Year 2017. This report is based on a single build phase to be completed within 2 years. Both a.m. and p.m. peak hours are analyzed. The development will have two access point. (See Exhibit 2) 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 5 ENGINEER 1 N 0 Field observation and Data Collection at the intersection of Up River Road and Deer Run Morning Peak (7:00 a.m. to 9:00 a.m.): it was noted that the intersection of Up River Road at Deer Run has traffic congestion between the hours of 7:15am to 7:45am. During the 30 Minute event, an officer assist on directing traffic and managing the queue caused by student drop off. Time Northbound Southbound Eastbound Westbound Sum Movement left thru right left thru right left thru right left thru right Veh. Type 0 0 0 0 0 0 0 0 0 0 0 0 7:00-7:15 34 3 0 0 9 43 3 0 14 0 0 0 106 7:15-7:30 73 0 0 0 3 80 7 0 65 0 0 0 228 7:30-7:45 66 5 0 0 7 69 13 0 59 0 0 0 219 7:45-8:00 27 1 0 0 19 20 18 0 52 0 0 0 137 Totals:I 200 9 0 1 0 38 2121 41 0 1901 0 0 0 1 690 Peak Hr. Auto Totals: 200 9 0 0 38 212 41 0 190 0 0 0 690 Turning % by Approach: 96% 4% 0% 0% 15% 85% 18% 0% 82% 0% 0% 0% 0 Approach Vol. & % Trucks: 209 250 231 0 Table 1. Turning Movement Count during Morning school Peak Time School Release (2:00 p.m. to 4:00 p.m): During school release, it was noted that traffic queing occurred between 2:30 p.m. to 3:10 p.m. During the 40 Minute event, an officer assist on directing traffic and managing the queue caused by student Pick up. The queue length during the school release was similar in length as of the morning. Although the traffic volume during the school events were noted to be 50% less as the morning. Time Northbound Southbound Eastbound Westbound Sum Movement left thru right left thru right left thru right left thru right Veh. Type CC C C C C C C C C C C 2:15-2:30 15 6 0 0 11 19 3 0 2 0 0 0 56 2:30-2:45 17 7 0 0 4 25 5 0 2 0 0 0 60 2:45-3:00 10 2 0 0 9 20 0 0 3 0 0 0 44 3:00-3:15 16 1 0 0 10 20 8 0 11 0 0 0 66 3:15-3:30 36 9 0 0 10 28 26 0 46 0 0 0 155 Totals:I 94 25 0 1 0 44 1121 42 0 64 1 0 0 0 1 381 Peak Hr. Auto Totals: 79 19 0 0 33 93 39 0 62 0 0 0 325 Turning % by Approach: 81% 19% 0% 0% 26% 74% 39% 0% 61% 0% 0% 0% Approach Vol. & % Trucks: 98 126 101 0 Table 2. Turning Movement Count during school Release Time 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 6 Olt ENGINEERING PM Peak time (4:00 p.m. to 6:00 p.m.): During PM peak time, the intersection operated as expected. There were no queues noticed at the intersection. No significance delay were noted for vehicles waiting time to clear the intersection. The critical movement, considered to the Deer Run Eastbond approach, vehicles were able to negotiate their maneuvering without having to wait for a gap in able to continuing traveling onto Up River Rd. Time Northbound Southbound Eastbound Westbound Sum Movement left thru right left thru right left thru right left thru right Veh. Type C C C C C C C CC CC C 4:00-4:15 8 16 0 0 17 7 12 0 17 0 0 0 77 4:15-4:30 5 13 0 0 13 6 3 0 8 0 0 0 48 4:30-4:45 14 8 0 0 8 7 3 0 12 0 0 0 52 4:45-5:00 13 13 0 0 11 7 6 0 15 0 0 0 65 5:00-5:15 24 9 0 0 21 10 9 0 12 0 0 0 85 5:15-5:30 22 17 0 0 16 17 5 0 9 0 0 0 86 5:30-5:45 15 16 0 0 11 5 9 0 8 0 0 0 64 Totals:I 101 92 0 I 0 97 59 1 47 0 81 10 0 0 1477 Peak Hr. Auto Totals: 74 55 0 0 59 39 29 0 44 0 0 0 300 Turning % by Approach: 57% 43% 0% 0% 60% 40% 40% 0% 60% 0% 0% 0% Approach Vol. & % Trucks: 129 98 73 0 Table 3. Turning Movement Count during PM Peak Time 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 7 ENGINEERING Analysis and Results Based on normal traffic conditions, the traffic volumes are acceptable to the lane configuration of the intersection. Traffic congestion was observed due to the school drop off and pickup time. Using Syncrho Software, the intersection of Up River Rd at Deer Run was analyzed for level of service (LOS) capacity and it shows that, based on a typical traffic condition, the intersection would be at a LOS "B" for the Morning and school release time. During the regular PM Peak time the LOS is "A". That said, the existing lane configuration of the intersection is capable of handling the traffic current volumes. The current issue of extensive queuing is caused by the logistic and coordination of student drop off where vehicles are forced to queue onto the public street in able to wait to go into school property to drop off the students. Figure 1. Up River Road NB approach Figure 3. Up River Road SB approach Figure 2. Deer Run approach Figure 4. Deer Run at school entrances 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 8 ENGINEERING Impact from Proposed Development The proposed development traffic projections will only generate 86 vehicles per hour during the morning peak, which will coincide with the school peak. That said, out of the 86 VPH, it is only expected that no more than 13 VPH (15%) will travel north towards the intersection of Up River Rd. at Deer Run. The majority of the projected traffic is expected to travel south on Up River Road and turning left to Carbon Plant in able to have access to IH 37 NORTH and SOUTH. Based on the Morning projection, it is our opinion that the additional traffic will have no significance impact to the current condition during the AM peak time. During the PM peak the proposed development will generate 112 VPH on which approximately 95 VPH (85% ) will approach the proposed development from the South and only 17 VPH (15%) from the North. . Based on the PM projection, it is our opinion that the additional traffic will have no significance impact to the current condition during the AM peak time. Results and Conclusions: The development will generate a total 86 vehicles per hour in the weekday a.m. peak hour and 112 vehicles per hour in the weekday p.m. peak hour. Traffic from the development will be typical of most multi -family apartment developments. Based on analysis and conclusions in this report, our recommendations are as follows. 1. Up River Road at Deer Run: Based on the Synchro analysis the intersection is currently operating at a LOS B/B (AM/School Release) and LOS A (PM Peak). For the future future with development, the LOS remain unchanged. That said, the current intersection geometry needs no recommendations based on a regular traffic condition. Due to the school pickup and drop off, GKW had prepared and Exhibit which provides suggestion on how to help manage the traffic flow during the school events. See Exhibit 3 2. School site: Based on a study conducted by Texas Department of Transportation (TxDOT), Texas has a tendency to a bigger proportion of children being transported to and from schools in private vehicles. This elementary school in Corpus Christi present this situation and the issues related with traffic around schools. In the report no. FHWA/TX- 04/4286-2 is performing by Texas Transportation Institute; researchers suggest recommendation in order to improve safety and reduce local congestion. This guideline has a particular focus on the parent drop-off/pick-up zones. 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 9 ENGINEER ING During our study, the team perceived that this schools did not offer acceptable on-site stacking length space to accommodate the queue. This insufficient on-site space to accommodate the queue led to spill out on neighboring roadways. Figure 5 shows the lanes of the northbound direction of the roadways adjacent to the school were obstructed up by parent how want to drop- off student to the schools. For this type of situation, the study suggests the Guideline 9: Provide an adequate driveway for stacking cars on site. Figure 5. Up River Road Northbound approach to Deer Run During the field study we examine the geometric design. Exhibit 3 show the actual geometric design.This actual schools design have separate entrance and exit points, which decrease the available stacking space and produced needless on-site congestion. We suggest a singlet two-way driveway where driveway serves as the entrance and exit for the parent drop-off/pick-up with the objective to increase the stacking length. To determine the loop drive staking length for Tuloso- Midway Pri School who use the Table 2 .This information was obtained base in this study, who suggest a 750-1500 loop drive staking length for student population 500. 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 10 ENGINEER ING School Type /Student Population Loop Drive Stacking Length (linear feet) (m) Elementary / Less than 500 400 — 750 (122 — 229) 500 or more 750 — 1500 (229 — 458) Middle/ Less than 600 500 — 800 (153 — 244) 600 or more 800 — 1600 (244 — 488) High (31) /400 — 800 800 — 1200 (244 — 366) 800 — 2500 1200 — 1500 (366 — 458) Table 4- School Type Student Population Loop Drive Stacking Length (linear feet) (m) Exhibit 4 shows the suggested schematic design to take into consideration. The change involved modifying the actual loop driveway to a single two-way driveway. In the design, we increase the actual drive stacking length from 726 linear feet to 1308 linear feet. An increase of 582 LF (80%) which is equivalent of approximately 29 additional vehicles. In addition, the proposed roadway stripping will provided additional stacking in case that the queuing extend to the public street without affecting thru movements, thus providing a safer alternative and efficient. As shown on Exhibit 4, the proposed suggestion will only require to restripe existing pavement foot print for Up River Rd. for Up River Road NB Approach, the thru lane is proposed to be a 13 foot Shared lane (bike/auto) and a 10' left turn lane. For the SB Approach, maintain the right turn lane and provide 13 ft shared lane with a 10' median. For Deer Run adding a Right turn Lane onto the proposed School main entrance and restriping the existing pavement to provide a middle left turn lane. This proposed layout will provide ample queuing area on which the thru traffic will not be affected by on which is the existing case scenario. This schematic is a draft and was not intended to be final. This schematic need to be reviewed by the school district representatives and the appropriate roadway agencies. If you have questions or need additional information, please feel free to contact us. Yours truly, Angel Felipe Gonzalez, P.E. President GKW Engineering 3463 Magic Drive, Suite 250 • San Antonio, Texas 78229 • 210-582-5870 (voice) • 210-582-5872 (fax) 11 PROPOSED DEVELOPMENT LOCATION APPROX. 20 ACRES a ov CONZALEZ, KYPUROS AND NHIIE ENCINEERINO VANTAGE AT CORPUS CHRISTI APARTMENTS EXHIBIT 1 AERIAL LAYOUT I=-mrrrr EZ, , E. NPSR11.0 02 SLOPED SIDEWALK ,Ve.IALK. 10 120. 511.CE L. 11441. nwp,pfttym.,,ApRpmEnmx 1111111111 [71fP;1;11711111- 01 SITE PLAN SITE PLAN ADDRESS PLAN UNIT MIX 15004 D.` 03.04.2015 A1.1 1,,Froj11,15 Job, LEGEND LOOP DRIVE STACKING LENGTH 1308 LF a DIRECTION OF TRAFFIC FLO. pEY 110 OBSCRIPB011 BY Ginv GONZALEZ,, XYPUROS AND WHI4E EXHIBIT 4 1,,roillio‘15 Job, MEMORANDUM From: Julio Dimas, CFM, Assistant Director of Development Services Date: June 4, 2015 Subject: AFF Apartment meeting with Developer and Tuloso Midway ISD and Neighborhood During a rezoning case on May 26, 2015 in the City Council meeting, the Council tabled the rezoning case and requested that the Developer of the proposed apartments, meet with the Tuloso Midway ISD and the neighborhood to help address some of the concerns that were brought up during the public During the rezoning public hearing, several residents discussed concerns about traffic, drainage, gas pipelines, low cost apartments and other concerns. The school district superintendent, discussed the current traffic issues and how the apartments would add to that traffic problem. Council decided to table the rezoning case until June 16th to give the applicant time for the meeting. Development Services helps in facilitating the meeting and providing the necessary information such as the returned notices and signed petitions with the contact information for the neighborhood. A meeting with Dr. Nelson, TMISD Superintendent was held on June 2nd at 2:00 pm at the TMSID Administration building. Dr. Nelson, Patrick Hernandez, Director of Transportation/Maintenance and Operations for TMISD, Mr. John Condit, Mr. Chris Weigand, Engineer for developer and Julio Dimas with Development Services were in the meeting. Mr. Condit proposed to Dr. Nelson, that the development company was willing to pay for all the proposed improvements presented in the traffic report to improve the traffic on and off the school's property. Including the school's parking lot and the restriping of the adjacent streets. Dr. Nelson was receptive to the idea but would wait until the meeting with the public later that evening. Public Meeting: A meeting was held with the general public/neighborhood on June 2nd at 5:00 pm at the Owen R. Hopkins Public Library. Mr. John Condit, Mr. Chris Weigand were both in attendance along with Mr. Raymond Chong, City Traffic Engineer and Julio Dimas with Development Services. Approximately twelve citizens attended the meeting. Some of the questions and concerns that were brought up from the neighborhood were: Quality of the apartments - Mr. Condit presented several pictures for several of the existing locations. The people seemed to understand that the apartments were going to be a nice quality product. Storm Water/Drainage - Concerns about how apartments would add to an existing issue. Mr. Condit explained how it is a state and local requirement to handle all the additional stormwater created and they would have to follow that criteria. Mr. Weigand, proceeded to explain some technical details such as the detention pond that was going to be designed to handle the excess water and how the site would actually take on additional stormwater from adjacent properties and they transfer it through its site and then to Upriver road. Compactor Location - There were several people that voiced concerns about the location of the trash compactor and how it would cause traffic on the local street getting in and out of the property to empty/service the compactor. There was clarification from the developer, that the compactor would be serviced through the local street at the rear, Charles Dr. The developer described that the compactor is completely enclosed and then it is placed inside a building, which is landscaped all around, so you could not even realize it is a compactor. There would be no smell since it is inside a building. People were still concerned about large trucks going through a small local street that is already in bad shape. It was explained that the truck would be no larger than the City truck that currently picks up residential trash. The people were still concerned and ask if maybe the compactor can be located on the front of the complex along Up River rd. to minimize the traffic on the local street. The developer said, they would look into a possible different location and would work with Development Services to see what other locations could work for the City and the Developer. After the meeting it was suggested that maybe the apartment trash schedule could be coordinated with the local city trash pickup schedule so that it would minimize the number of days large trucks would be going through the local streets. The developer was ok, however, depending on the use of the compactor by the tenants, the number of days to service the compactor, could be more than once a week, thus still adding a day of service to the apartments. There was a request from a couple of people to see if there could be a second meeting with the public to include more people. The citizens believe that not everyone was notified. The developer did state that they placed priority on the formal notifications first and called everyone who left a number on the forms and then started to contact several other from the petitions, however, they did state that several messages were left with people with no return calls and several of those people did not show up to the meeting. One citizen did volunteer to transcribe the petitions and provide the developer with names and numbers of everyone so that they can be reached for a possible second meeting. As of today, no plans have been made for a second public meeting. Overall the meeting was very productive and the developer address all of the concerns for the school and the neighborhood, with the exception of the compactor location and a possible second meeting to include more people. Page 2 of 2 ly 0111.-7141 1852 MEMORANDUM DATE: June 3, 2015 TO: Dan Grimsbo, P.E., AICP, Director of Development Services ,4c---- FROM: 4GFROM: Raymond Chong, P.E., PTOE, PTP, City Traffic Engineer Rezoning Case 0415-05 Vantage of Corpus Christi - Traffic Assessment Study On June 1, 2015, Transportation Advisory Commission held a special meeting to address traffic impacts by proposed Vantage at Corpus Christi Apartments. Raymond Chong, City Traffic Engineer, and Julio Dimas Assistant Director of Development Services, presented the Traffic Assessment study. They described the development, traffic conditions on Up River Road, and traffic congestion at Tuloso-Midway Primary School. By motion, Transportation Advisory Commission concurs with the conclusion that Vantage to Corpus Christi Apartments has no significant traffic impacts. Ordinance amending the Unified Development Code ("UDC"), upon application by AAF -Vantage at Corpus Christi, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of AAF -Vantage at Corpus Christi, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 22, 2015, during a meeting of the Planning Commission, and on Tuesday, May 19, 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 AAF -Vantage at Corpus Christi, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road (the "Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 060049) as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds of the Property, and Exhibit B, which is a land title survey, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 0415-05 Ordinance — AAF -Vantage at Corpus Christi, Inc. Page 2 of 2 `I RBAN ENGINEERING 19.74 Acres STATE OF TEXAS COUNTY OF NUECES Job No. 42987.B500 March 7, 2015 Fieldnotes for a 19.74 Acre Tract of Land, situated in BS&F Survey No. 417, A-571 and BS&F Survey No. 422, A-850, being a portion of a 388.26 Acre Tract as recorded in Volume 1450, Page 514, of the Deed Records of Nueces County, Texas, out of a 35.26 Acre Tract described as Tract 3 of Charles McKinzie's Share, as recorded in Volume 1450, Page 514, being the remainder of a 20.26 Acre Tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, as recorded in Document No. 2010040869 of the Official Public Records of Nueces County, Texas, said 19.74 Acre Tract being more fully described as follows: Beginning at a 5/8 Inch Iron Rod Found, on the apparent South Right -of -Way line of Up River Road, a 60 foot public roadway, the West boundary line of a 10 Acre Tract described as Parcel 2, in a Warranty Deed from Iris Powell Grant to Betty Jane Grant Armstrong, as recorded in Volume 2079, Page 88, of the said Deed Records, the East boundary line of the said 388.26 Acre Tract, the said 35.26 Acre Tract and the said 20.26 Acre Tract, being the Southeast corner of a 30.00 foot wide strip of Land, described as Parcel 1 in a Quit Claim Deed, from William E. McKinzie, Jr,. Robert L. McKinzie, and Juaneil McKinzie Graham to the City of Corpus Christi, as recorded in Document No. 1997036728, of the said Official Public Records, for the Northeast corner of this Tract; Thence, South 09°00'26" West, with the West boundary line of the said 10 Acre Tract, the East boundary line of the said 388.26 Acre Tract, the said 35.26 Acre and the said 20.26 Acre Tract, 1132.91 Feet, to a 1 Inch Iron Rod Found, on the North boundary line of Lot 21, Block 1, of the Rolling Acres Subdivision No.2, a map which is recorded in Volume 11, Page 47, of the Map Records of Nueces County, Texas, being the Southwest corner of the said 10 Acre Tract, for the Southeast corner of the said 388.26 Acre Tract, the said 35.26 Acre Tract, the said 20.26 Acre Tract and this Tract, from whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 10 Acre Tract and an inner ell comer of the said Rolling Acres Subdivision No.2, bears South 80°58'23" East, 393.91 Feet; Thence, North 79°49'05" West, with the North boundary line of the said Rolling Acres Subdivision No.2, 233.35 Feet, to 3/4 Inch Iron Pipe Found, being the Northeast corner of Highway Village Subdivision, as recorded in Volume 11, Page 54, of the said Map Records, the Northwest corner of the said Rolling Acres Subdivision No.2, for a corner of this Tract; Thence, North 80°58'02" West, with the North boundary line of the said Highway Village Subdivision, 460.50 Feet, to a 5/8 Inch Iron Rod Found, being the Southeast corner of a 14.962 Acre Tract described in a Special Warranty Deed from Juanell McKinzie Graham and Lisa Coffey to MVR Construction, as recorded in Document No. 2013054702, of the said Official Public Records, for the Southwest corner of the said 20.26 Acre Tract and this Tract, from whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 14.962 Acre Tract, bears North 81°04'45" West, 450.54 Feet; S:1Surveying1429871B5001OFFICEIM.ETES AND BOUNDSIFN 42987500.doc Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit "Au FAX (361)854-6001 Thence, North 08°55'59" East, with the East boundary line of the said 14.962 Acre Tract, the West Boundary line of the said 20.26 Acre Tract, pass a 5/8 Inch Iron Rod Found, on line, at 1344.54 Feet, in all a distance of 1345.65 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Set, on the said apparent South Right -of -Way, the Southwest boundary line of the said Parcel 1, for the Northwest corner of this Tract, from whence a 5/8 Inch Iron Rod Found, being the Southwest comer of the said Parcel 1, for the Northwest corner of the said 14.962 Acre Tract, bears North 63°36'39° West, 472.48 Feet; Thence, South 63°36'39" East, with the said apparent Southwest Right -of -Way, the South boundary line of the said Parcel 1, 728.83 Feet, to the Point of Beginning, containing 19.74 (859,725 Sq. Ft.) of land, more or less. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying map of tract described herein. Exhibit "A" S:ISurveying1429871B5001OFFICEIMETES AND BOUNDSIFN_42987500.doc (361)854-3101 AN ENGIN TIM James D. Carr, R.P.L.S. License No. 6458 2725 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 TBPLS Firm # 10032400 Page 2 of 2 FAX (361)854-6001 e.I a �roe� «`zomp,.033 11 0 2 0-«e, r..m a.„ye.m,a Ce,tifirete' bgir:0 iy o o°ma` aov�°e°er nor./a a Ii10. .. 3.4.3(0). e, i0-. 1100. ie, u, fa, e. n. of ram.a Orr !TERING Title Commitment: LOCATION MAP N I eaend Utlllty Note' Ulnahove i%ff Flood Note: o.) eo 102 3e u333 3 333. zoic. 3«do"0-0020-.2 an 'a"'"a.) [�aptlon° pert 32002 m7em f..v "P0-, «m,«fp t i �.e2 t..t e.) zfe w « nova h<.o,2 .rta. 33,33 <, . �. a °... nf of ra, la.y,. >,2 60.50 IC Acres Parcel 2 RE BY DATE 3 DESCRIPTION APPR VED URBAN ENGINEERING ALTA/ACSM LAND TITLE SURVEY Tc: eL//ei=s0ECT:1 0-F: _ _ Exhibit "B” Tide commitment' (cont) ovnr RES u APPROVE URBAN ENGINEERING ALTA/AGSM LAND TITLE SURVEY CH Exhibit"B" PLANNING COMMISSION FINAL REPORT Case No. 0415-05 HTE No. 15-10000013 Planning Commission Hearing Date: April 22, 2015 Applicant & Legal Description Applicant/Representative: AAF -Vantage at Corpus Christi Owner: William E. McKinzie Jr., Family Limited Partnership Legal Description/Location: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 19.74 acres Purpose of Request: To allow for a 300 unit apartment complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family Vacant Commercial and Medium Density Residential North "RS -6" Single -Family Low Density Residential Commercial South "RS -6" Single -Family Low Density Residential Low Density Residential East "RS -6" Single -Family Vacant Commercial and Medium Density Residential West "RS -4.5" Single -Family Vacant Commercial and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for commercial and medium density residential uses. The proposed rezoning to the "RM -1" Multifamily 1 District is consistent with the adopted Future Land Use Plan designation of medium density residential at the rear but inconsistent with commercial uses planned at the frontage. Map No.: 060049 Zoning Violations: N/A Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 728 feet of street frontage along Up River Road, which is a "C-1" Minor Collector. The subject property will have access to a future local street built as part of Lone Star Estates Subdivision to the west. m§ � • p Street Urban Transportation Plan Type Proposed Section Existing Section Up River Road "C-1" Minor Collector N/A 60' ROW 40' paved Traffic Volume (2013) N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow for a 300 unit apartment complex. Development Plan: A proposed development plan for the site shows a 300 -unit apartment complex to include amenities, such as a clubhouse, pool, parking and other features on the site. The number of apartment units proposed does fall under the maximum density requirements of the requested zoning district, which is no more than 22 units per acre. The apartment structures would be three stories in height, which could not exceed a maximum height restriction of 45 feet for the requested zoning district. A site plan provided shows the proposed layout of the apartment complex, which includes boat parking and storage. Existing Land Uses & Zoning: The current use of the property is vacant. North and east of the subject property are single-family dwellings zoned "RS -6" Single Family 6 District. South and west of the subject property are multifamily projects zoned "RM -1" Multifamily 1 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 proposed land use with the requested zoning is consistent with both the City's Comprehensive Plan and the adopted Northwest Area Development Plan. The inconsistency with the Future Land Use Plan's designation for commercial uses on the front half of the property can be over -ruled by the fact that there is sufficient commercial uses planned in this area and residential uses will support the commercial uses planned nearby. Land Use Objective 6: Preserves quality residential areas • Comprehensive Plan Residential Policy Statement F: Medium density development, such as the proposed apartment complex, should be located with Staff Report Page 3 convenient access to an arterial or, along a collector that provides access to an arterial. Up River Road is a collector that provides access to McKinzie Road, an arterial. • Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. Plat Status: The subject property is not platted. Department Comments: 1. A Type B Buffer Yard will be required along the property line between the proposed zoning district of "RM -1" Multifamily District 1 and the adjacent zoning districts of "RS -6" Single -Family 6 District and "RS -4.5" Single -Family 4.5 District. The Type B Buffer Yard includes a 10 -foot landscaped yard and 10 points achieved per UDC Table 7.9.7. 2. The proposed land use with the requested zoning is consistent with both the City's Comprehensive Plan and the adopted Northwest Area Development Plan. 3. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. 4. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning. 5. The proposed rezoning would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 6 outside notification area As of April 24, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 7 inside notification area — 60 outside notification area Totaling 12.83% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Conceptual Site Plan 3. Copy of Preliminary Subdivision Plat to the West (Lone Star Estates) 4. Notices Returned by Public Staff Report Page 4 CASE: 0415-05 Zoning 4% Notice Area mid I 44hfannr make IWSWw11yA RY l Mdltb®Ik f 414 Rrnrwwnalalnse ItH AT 41d111ar*(2 t.T CH -I 1M11/Nclhoad C 31e11.2.1i1tlr1 i IWghbrrhood Coniarral d# -T *Nan[aebWlralel CR -i A..:41Cannorcl.lt {'{ 9 Goad{onn..ril csa Gwna 4aii eF€41 411 Inkrach. Cowcarcbl CEO 33rxn lawn. 4:olwnx {R.9 Room.Can.i emel.l FIl FaIm ROM Ik HMaim F YlIlie Bf Purbau Pi* I, LIQ1I nautll;ai IH xray lndrwial Pal6 P4nr11yMDIP %eikr RI -10 WIfa.Failry It R3# impmpsrollrf 894.14 i1 Rp.-=Family+i Ri-TF 1NOF.cele P9 Ali Spnpi-Fm.mar st me 4.falk.'II IEila[r PS. T!1 Tex Rhemet 8P !pods' Fannh FIV be nmbo.o I W.hl.l. 1.tr 7iNIP WnrilLRHTaa rkrnc .rr 7Nn 14 0 r svvu Aa. r. i. rr rll+TO, V Jump. ilhl+m cnrarerl, Mk .1 eromeiril NARIMGT. c Vantage at Corpus Christi Apartments Corpus Christi, Texas Site Plan SCALE: 1" = 100L0" 03.09.2015 CURVE DATA CHART NLHSER PELTA 106°34'13" RADIUS nI, ,_Lre-H 100 1341' 16 el O 20672'26" 35.5' 15.63' I 29.44' 550 4020' 26531' CD 7"18'32' 501.71' 32.04' 63.96' OS 16°3657" 50 0 7.30' 1448 0 90°0842" 100' 15.71' 0 901214 53"11'38" 493 80'16.04., 501 71' 20.07' 31.49' 354 6687' 25.03 46.42' 50.05 7649' X FL_ r1,NSIDAS ARE AT RD.',/. ANO SI KLL I CEN'LIcL INL I I S81. 1 3 I "� 9821910' 147 89 s 1,04 W --�_ 07 W -'— R cxer3 4o.9o.s7 3 �N810352"W 263.62' N ss "011 r S II N8104'16.4 388.70 .,,,,. 0416 87�4,E16"E 241.58' ti5o"£ it r s ` 50.4_ .o 11 N --I 00 PREL MINARY PLAT LONE STAR ESTATES VNOTY MAP TO SCALAE TEXAS GEO TECH LAND SURVEYING, INC 55. S. STAPLES C33UITYE (981) 403-0408 114 1 181) 993-2955 2855 2852 140318 Owners: Mohammad Nazari Rezaei, Director Reza Haddadzadeh, Director Vahid Rezaei Nazari, Director MVR Construction Company P.O. BOX 271148, CORPUS CHRISTI, TX. 78427 PH: (361) 877-8243 E-MAIL: Mvr.corpOyahoo.com GENERAL NOTES: i. BASIS OF BEARINGS REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, TEXAS SOUTH ZONE 2. ALL SUBDIVISION CORNERS ARE SET 5/8" S.R. WITH TEXAS GEO TECH CAP UNLESS OTHERWISE NOTED AS FOUND 5/8" STEEL RODS. 3. CONTAINS TOTAL 807,166.80 SQUARE FEET, OR 18.53 ACRES. 4. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY LIES IN ZONE C AS PER THE NATIONAL INSURANCE RATE MAP COMMUNITY - PANEL NUMBER 485464 0130 C DATED JULY 18, 1985 5. THE RECEIVING WATERS FOR THE STORM WATER RUNOFF FROM 9115 PROPERTY I5 THE CORPUS CHRISTI INNER HARBOR BASIN. THE TOM HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE CORPUS CHRIST INNER HARBOR BASIN A5 'INTERMEDIATE". 6. THE FINISHED FLOOR ELEVATION MUST BE A MINIMUM OF 18 INCHES ABOVE THE CENTERLINE OF THE HIGHEST ADJACENT ROADWAY AS OVERFLOW PROTECTION. Z THE YARD REQUIREMENT, A5 DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND 15 SUBJECT TO CHANGE A5 THE ZONING MAY CHANGE. 8, NO DRIVE WAY ACCESS UNTO DEER RUN DR, FROM RESIDENTIAL LOTS 1-6, BLOCK 1 ONLY. 9. CURRENTLY ZONED R5 -TF AND R5-6 PROPOSE SITE WILL BE REZONED TO R5-4.5 AND CN -1. 10. PRIVATE DRIVE WAY ACCESS FROM LOTS 1 AND 14, BLOCK 1 ONTO ROCKETS LN. 15 PROHIBITED. au NOTE. FINISH ASPHALT SURFACE 1/2' ABOVE UP OF GUTTER ASPHALT SURFACE — \ \ f6-CRB05 _ 4.1 11 (2'' eA RAD 6 TYPE GLIB' SPECIFICATIONS: 2 BACK OF CURB) SURFACE. PHO TIC CONCRETE TAOT TYPE D. PRIME COAT: MSTMI IOR MC -30 0 0.15 GALLONS PER SQUARE YARD. FLEXIBLE LLSCARIFYALISE ME COMPACT STABILIZE AND CTTO 95R OF ASTM 0-598. (SR MINIMUMHYDRATED LME BY�WEIIGHT)O --BACK of CURB. ALL CURB CACHED_ SHALLB6 COMPACTED OF 01 0-.698 TYPICAL 50' R.O.W. L©WES LAUG 2 7 2014 PLANNING COMMISSION BEING APPROXIMATELY 807,166.80 SF OR 18.53 ACRES, MORE OR LESS, OUT OF STATE SURVEYS 419 & 417, BEATY, SEALE AND EORWOOD, ORIGINAL GRANTEE, ABSTRACT NOS. 570 & 571, RESPECTIVELY AND BEING OUT OF THAT CERTAIN 35.26 ACRE TRACT CONVEYED TO CHARLES McKINZIE, AND RECORDED IN VOLUME 1450, PAGE 535, ET SEQ., NUECES COUNTY, TEXAS DEED RECORDS. BEING A RE -PLAT OF LOT 2 -BLOCK 7 MAPLE HILLS SUBDIVISION UNIT 2, AS PER MAP RECORDED IN VOLUME 61, PAGE 72 M.R.N.C.T., LOT 4 -BLOCK 7 MAPLES HILLS SUBDIVISION UNIT 2, ACCORDING TO PLAT OR MAP RECORDED IN VOLUME 64, PAGES 144-145 M.R.N.C.T. - -- 00 4526 2014 GRAPHIC SCALE 0 200 300 Scale: 1" - 100' Peet Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, c„ue tienen la intencion de asistir a este iunta v que requieren servicios especiales. se les suplica que den aviso 48 hares antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta y su i les -es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos s antes de .la junta of citar un interprete ser presente durante la junta. 1 CITY PLANNING COMMISSIO '�P21 2015 PUBLIC HEARING NOTICE DEVELOPMENT SERVICES Rezoning Case No. 0415-05 SPECIAL SERVICES AAF -Vantage at Corpus Christi. Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0a BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE. In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: IR . Di -3741 h S p Address: /0101-1- N . A r r *, h 91-0h City/State: r -p u .s e-1-1 15.l +) l esC, ( ) IN FAVOR VIN OPPOSITION Phone: a/Dl - Act /— 7 i91 REASON:.t Shou`ia re.imanR5a�S;hie, Favr.;1l% 1.1-‘ �o e.. s tha`r it w i r e.ma i �n 10 e 'e lr -Fo r -�h e. C o t'\ m l +1 rt h e_ �� �t r e. e cr c ctss e -C' Qo te- shoed I Signature SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 15-10000013 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, nue tienen la intenci&n de asistir a esta junta v nue requieren servicios esoeciales, se les suolica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su ingles es limitedo, favor de llamar al de..rtarn -nto a ervicios rte desarrollo al numero 361 826-3240 al menos 48 hor ; rtes -de -h 'an un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 APR 21 2015 J DEVELOPMENT SERVICES SPECIAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE. In accordance with the Planning Commission By -Laws, no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: ///Irv(/%U J Address: 0028'4" ‘v(awvc1It City/State:479'f6kv4r1 7'(o ( ) IN FAVOR (4 OPPOSITION Phone+ ' 1) FIT g6 REASON: 7.& Tvre.r+��/f' DG S 5--„.rrauA.1,5 .m -i - ,s ,'/y /Ztr ii!e c ,-/ 5<4�/1 S e. 41 SEE MAP ON REVERSE SIDE Property Owner ID: 6� '" / q HTE# 15-10000013 Signet re Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, gue tienen la intencion de asistir a esta junta v que reauieren servicios especiales se les su lica ue den aviso 48 horas antes de la junta tlamando al departamento de servicios de desarrollo, al nirmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriuirse a la commission durante la junta v su inoles es limitado, favor de Ilamar al art depamento de servicios de desarrollo al nirmero 361 826-3240 al menos 48 ho -- gyres dela-junta para clte ar- un internrete ser oresente durante la junta. i iF o N F CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 APR 21 2015 L DEVELOPMENT SERVICES - SPECIAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name ,,g ; „riv Address: ( ) IN FAVOR (OPPOSITION REASON: ue 5/y t h/105 City/State., c L , {- Phonic— 7.17e -.Wee, - ( (/, j/,jeruc✓F Cis ris-4-/4 ir-fId 44 Case No. 0415-05 Project Manager Jessica Afford Persons with disabilities plannir E, attend this meeting, who may require special services, are requested to contact the Development Services E epartment at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intencion de asistir a esta junta v ciue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su inoles es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un intergrete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a chansie to the Future Land Use Plan from commercial and medium density_ residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council_ The public hearing will be held on Wednesday. April 22. 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Jess re Rt -f# 5t JR, 0 LA Address: 4 toz. /oz.1 1 Lo✓ u) oOd City/State: C. e ( ) IN FAVOR (PK -N OPPOSITION Jo9Q PeZikleA am/z01s ignaturegnature Phone: •Z 334/ ziA4f2:4,0 Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council_ The public hearing will be held on Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: ,►f I7'I c-1 A 1ZyP g Address: ! 1 I. 1 City/State: C . e 7J/6 ( ) IN FAVOR (zN OPPOSITION Phone: REASON: Signatu atiXpe- SEE MAP ON REVERSE E Property Owner ID: 3 Case No. 0415-05 HTE# 15-10000013 4\2en i Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v nue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la 'urita Ilamendo al deoartamento de servicios de desarrollo al nrimero (361) 826-3240. if you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request artinterpreter be_presenLduring the, meeting. Si usted desoa diri+irse a la commission durante la -unta su in le :, itado favor de !I al de arta ento de serviclos de desarrollo al numero 361 826-3240 al menos 48 hor es d- la 'unta .ara s k i ar un interprete ser presente durante la junta. 1 CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 ?WIAVH 28 Z O 1 1. DEVELOPMENT SERVICES SPECIAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Na : t firi r 1y / no r, � c/ ( 5 qzN iAddress: E. ��►Cp ►•/'7 'T�DI1 { ) IN FAVOR XIN OPPOSITION REASON: —044141- Oal // - �'•. AbO -tore • City/State: 040/15 , 'i41/5-7 } /V Phone: 50 —Ia,5/`7`6 5 SEE MAP ON REVERS SIDE Property Owner ID: 4 HTE# 15-10000013 \JA Case No. 0415-05 Project Manager: Jessica Alford Wkil_m v1 i DEVE * PMENT ``LeiVECES OW It AL J'ApucliY Wm tgi W by,u1_ jat c //Ai- • ,91-t h•`//-;5 auti,,,/ . /&Lid:77-,1 A4 At AtY).e U� � /2fl'LiGam' oN .� w� 0�0 l✓h7 a 401)110- 1627/6 G+-nca�Gv�tG- at;( �aL�in.a. � Y� 49-2y r16n/--' ...� des 1 `o2c6" pAwtc:_z Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incai acidadest que tienen la intencibn de asistir a este junta v que requieren servicios especiales, se les surplice que den aviso 48 horas antes de la junta Hernando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitado, favor de Hamar a' departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser Dresente durante la iunta. 4 L'd 1 -1 -D -D-- 15 From ��{�('�r-/y CITY PLANNING COMMISSION ( hoe onow/ersky' hss) PUBLIC HEARING NOTICE osL Rezoning Case No. 0415-05 AR LA_ DTTA-tcyry Prt''"car; Isti, Inc. has petitioned the City of Corpus Christi to consider a change of z _ __ r� e -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a r\3 rc�artit neuk PrzfAlse Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: �rlvhv 12 -kg, Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April_22, 2015 during one of the Planning Commission's regular meetings, which begins atc30 pm?, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. J'� TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED �iC, IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 02 77, CORPUS CHRISTC-TEX7 78469- ANY I MATION PROVIDED BELOW BECOMES PUBLI - m -t• b.e ir- or -'h(,► Y/ NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or4embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: TVOundka WIC A( (iM'VY\y1(xj liaffit0 Address: (4 5)15 ROU ( 1 OW \ City/State: LC 1 TV. 1CIS140 ( ) IN FAVOR () IN OPPOSITION PhoneL3L 0-7,79 (55SLo REASON: kvPf'e ,IVY XDW obi SEE MAP ON REVERSE SIDE Property Owner ID• «FID» HTE# 15-10000013 kr(VA&{CkPcuiht Signature Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este iunta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitedo, favor de Ilamar al departamento de servicios de desarrollo el niimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held otIednesday, April 22. 2015', during one of the Planning Commission's regular meetings, which begins at 30 p,Db in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE • RTMENT, • s.: • ' • 77, CORPUS CHRIST , • 78469- 177 ANY INFGRMATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Oa 5 5) I c{a A;1 vet< r e- 2, Address: ) I tato F a 4-ro G IL OrosStal City/State: Q C 1 T( 7� I0 ( } IN FAVOR I340N OPPOSITION Phone340i 51 (] • Z50-3 REASON: \ Jt3 0+ -1--kt Stool auto s S -t1 5 -ee-f et -AA I -Fcel it waind tincreasig -rh-c aEre.za ave-r-Ct°LA.,in9 4-ri.f-Cf c ax‘d muse MA --e. I SSU S -"Ctir ( Signatu SEE MAP ON REVERSE SIDE Property Owner ID: «FID» HTE# 1 5-1 000001 3 iv\ Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios esoeciales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la iunta v su irides es limitado, favor de (lamer al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, ApriL22,2015 during one of the Planning Commission's regular meetings, which begins a'30 p,Db, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. *TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, P. 0. 7, CORPUS CHRIST • 77. ANY 1 • MATION PROVIDED BELOW BECOMES PUBLI A 78469 - NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: DLf o) $av Yerc1 Address: [Uc3 . L( Cit '1kki) City/State: t37LOuJ n �" 38 0 TIYL eAdq/L___ ( ) IN FAVOR-3-tgOPPOSITION REASON:�f c"" T2aCt t' TWt roma cud ci-( G r s atm loo y i -nn„ S wOLL(C{ Crtcc.t A BIG6,c2 pe-of5 SEE MAP ON REVERSE SIDE Property Owner ID• «FID» HTE# 15-10000013 Phone: 3101 IS -1(S I Signature Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a este iunta v aue requieren servicios especiales, se les suplica aue den aviso 48 hares antes de Ia junta liamando al departamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante la junta v su inoles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held oh—Wednesday, Apr] 22, 2015 during one of the Planning Commission's regular meetings, which begins at(30 p, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. ' TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTYQWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O.BOX`J277, CORPUS CHRIST , 78469- 7. ANY I MAT1ON PROVIDED BELOW BECOMES PUBLI m b NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: ( ) IN FAVOR REASON: /i ffi C rv>-ds LC—Ar -72 ( 4 -IN OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 City/State: Phone: rhe /0,&14$ Case No 0415-05 Project Manager_ Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la_intencion de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si _usted desea diriairse a la commission durante la junta v su ingles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commssion may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held or -Wednesday, Apri122. 2015 during one of the Planning Commission's regular meetings, which begins at(5 30 p j , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, 277, CORPUS T CHRISAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBL1 b NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: 0/i4A_r-)145-10\7 7-yv ( ) 1N FAVOR ('.-)-11V OPPOSITION REASON f , SEE MAP ON REVERSE SIDE Property Owner ID aEID» HTE# 15-10000013 City/State: Phone: (5/e/—o.5---6 Sign -'ure Case No 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a este iunta v aue reauieren servicios esneciales, se les suplica aue den aviso 48 horas antes de la Junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at (east 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la junta v su inches es limitedo, favor de !lamer al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesdav, April 22. 2015 during one of the Planning Commission's regular meetings, which begins at30 p,pn?, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, T277, ANY I MATION PROVIDED BELOW BECOMES PUBLI - • :•• • 7, CORPUS CHRIST , 78469 - NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-rfiembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: <4�p) Address: Z tr ' (Vt ( ) IN FAVOR iV) IN OPPOSITION REASON: �( Vt1(1.: -EAL,� `ate SEE MAP ON REVERSE SIDE Property Owner ID aFID» HTE# 15-10000013 Signature City/State: CC v ` Phone: (3.01 55--T Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intenci6n de asistir a este iunta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante Ia junta v su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas antes de la junta para sol sitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o i�Wednesdav, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 30 pJA in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. B0r9277, CORPUS CHRISTITTEXAS 78469- 7. 8469- 7. ANY I 0 -MATION PROVIDED B LOW BECOMES PUBLI - .-I. rnHi (Jr-Ja NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-r{iembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Cik1/63351f) Address: 3213 14Agfe-P-3 (N OPPOSITION ( ) IN FAVOR R ASN : a,Olot,!(b10 I - . 111hLJLiMiTeD b TV /t D-Octa SEE MAP ON REVERSE SIDE LM(' Property Owner ID: «FID» HTE# 15-10000013 Signature (im va,udi Case No 0415-05 Protect Manager* Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intention de asistir a esta iunta v true reouieren servicios especiales, se les suplica cue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricirse a la commission durante la junta y su inales es limitedo. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o IiWednesda Aril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p .l , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, 77, CORPUS CHRIST , AS 78469- -9277. ANY IR -OT MA -IN PROVIDED BELOW BECOMES PUBLI - •-.. rrla, 'FIre or- J-,Al4/! NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-rhembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: J Qm[s 17. (lGvt o RPh A Address: 2 311 Ve- h u s 1)r City/State: Car ,�(J C ICY• s4: 1- . ( ) IN FAVOR (1) IN OPPOSITION Phone: �([ i -i 7 �• 2S REASON: )VGr F t,pu Iaf•'aY► Trott/' L 71r Li Signature SEE MAP ON REVERSE SDE Property Ownor ID «FID), HTE# 1 5-1 000001 3 Case No 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esti junta v que requieren servicios especiales, se les suolica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al nimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a Ia commission durante la junta v su inoles es limitedo, favor de Ilamar a! departamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas antes de la junta para soticitar un interprete ser presente durance Is junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o ifWednesda A • ril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p.ii in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, '. O. = • ' •277, CORPUS CHRIST , y • S 78469- 277. ANY I •- MATION PROVIDED BELOW BECOMES PUBLI • e• ire or -by Try NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member orembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: ( ) IN FAVOR REASON IN OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID. «FID» HTE# 15-10000013 CitylStatet.., Phon�D�_.�� _ Signature Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencidn de asistir a este junta v que reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al ncimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de !lamer al departamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presence durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesda A.ri 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p. i< in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 BOX 9277, CORPUS CHRIST , A 78469- -9-277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLI ' ' e 17 - /TAM' NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: —leap ( ) IN FAVOR ( OPPOSITION REASON;�m pot Ccw& 4 SEE MAP ON REVERSE SIDE Property Owner ID' «FID» HTE# 1 5-1 000001 3 City/State: C.Vilpub,- Phone: gIcL 10 c t- ca t, a avth c�c-rd�.inoJ 4 Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v nue requieren servicios esr eciales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a 1a commission durante la junta v su ingles es limitado, favor de !lamer al departamento de servicios de desarrollo al ncimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o trWed esda A • ri 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p s. , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O. BOX -9277, CORPUS CHRIS 78469- 77. ANY 1 MATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an appiicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: \ v 1 S l c VL. +TA- Address: t7? 37 City/State: 0 c if )0 S CIA y t S f r ( ) IN FAVOR XN OPPOSITION Phone: 9G 1— Eci 9 -� 3 REASON;i - . T✓4 c_ r Eve✓ Cvad 06111' SEE MAP ON REVERSE SIDE Property Owner ID aFIO» HTE# 15-10000013 ei47. e✓ 4r CIA, /dv L nom- C) Signature Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades1 clue tienen la intencion de asistir a este junta v due reQuieren servicios especiales, se les suplica clue den aviso 48 horas antes de is iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22. 2015 during one of the Planning Commission's regular meetings, which begins att5 3Q p,; b, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX -9277, CORPUS CHRIS 78469• • 77. ANY I • - MATION PROVIDED BELOW BECOMES PUBLI - • ` r . m �{ b -e NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. l Printed Name. 1 C a �-dlo a. City/State: r?r CIMIW-Z �� Address: 1071 3 Celli -is bu ri ( ) IN FAVOR {fir IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID aFID» HTE# 15-10000013 Signature Phone: Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intention de asistir a esta iunta v cue requieren servicios especiales, se les suplica cue den aviso 48 horas antes de !a junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante la junta v su incles es limitado. favor de (lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta oara solicitar un interprete ser presence durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Pian from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o rWednesdav, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at(30 pB, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, • 77. ANY 1 MATION PROVIDED BELOW BECOMES PUBLI WNER(S) AND MAILED • • :• • 7, CORPUS CHRIST S 78469. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: , Q 1 t Qv1s4-&r\Address: f2d 7 l OL fCity/State: eZTUS Oii ri s(-1) ( ) IN FAVOR (01 OPPOSITION Phone: 3121- (5-2I REASON: in.c -SS SIze� tra SEE MAP ON REVERSE SIDE Property Owner ID aFID» HTE# 15-10000013 Gt.Q Litt_ D -P propel -4)j -vaiLNsL_, kipuOn abi,(.1(t/L) Signature Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta iunta v clue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitedo. favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o 11liVednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at(30 inn), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT 0 : e ' • 7, CORPUS CHRIS , 78469- T277. ANY INFORVIAMION PROVIDED BELOW BECOMES PUBLI i b ,rf ��r r /YipcY61 NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: LQO., , r CJ ( T + (-Lac) Address: Address: 7 E uperod City/State: Cdit rt5 CyLe l )-1 -V_ ( ) 1N FAVOR IN OPPOSITION Phone: l - 7 6 - Ds REASON: Sinatu SEE MAP ON REVERSE SIDE Properly Owner ID «FID» HTE# 15-10000013 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intenciOn de asistir a este junta v cue reciuieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la iunta v su irides es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held or-Wednesda A • ri 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p u , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DERTMENT. P. 77, CORPUS CHRIST, A 78469- 77. ANY I • MATION PROVIDED B LOW BECOMES PUBL1 - • -.. fl 1 ' e rP _Drh NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member of-rliembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Vc3Y\ C-1 v‘D �(J Address: 5 x 3 3 Cf'c,r 0 L4Q3 City/State: rko�5 ( ) IN FAVOR ,4IN OPPOSITION Phone: 31 7-57(0 REASON: Ap-1=5 I r Signature , SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Case No. 0415-05 Project Manager' Jessica Mord Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 45 hours in advance at (361) 826-3240. Personas con incapacidades, due tienen la intencion de asistir a esta junta v due reduieren servicios especiales. se les suplica due den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nOrnero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la iunta v su inales es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held ot(Wednesdav, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at30 p,lllli in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY �WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, ICT1373X7277, CORPUS CHRISTI, TEXAS 78469- T277. ANY I1TFon- ATION PROVIDED BELOW BECOMES PUBLI m t• by a NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: �.rl� c 5 ( 71"YJ OhAr 1(_)) Address: 4 /Z &. (-tck--.r Rica � G� '—r�C -71VI 3 City/State: C G - Yx ( ) IN FAVOR (l) IN OPPOSITION Phone: '342 (- Y 58 7 REASON: t ei c r C:Dr\T-131--1 SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Case No, 0415-05 Project Manager; Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la junta v su irides es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resultin. in a change to the Future Land Use Plan from commercial and medium density residential to medium_ density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesda during one of the Planning Commission's regular meetings, which begins a :30 p in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. ��j1 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED _�1S IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BZ3X 9277, CORPUS CHRISTI, -TEXAS 78469- -T277. ANY Ii1 FiIR iU�ATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: SLJAt's,I V. eorte.2. (&(It) City/State: C C Te / a 510 Phone: -341 I/S F9 56 .6 4.) Aefp A/leVi.4-T( 7"1:' Address: ear i ! 1 lip /.L L e [ DY ( ) IN FAVOR (L4N OPPOSITION REASON: trA{f;-/S A 6ISfSler' h0 Q -11)1143,01 /s Already OVercam di ?speciA77Y1 Prim arr.� SEE MAP ON REVERSE DE Property Owner ID. «FID» HTE# ib -1000D 13 Q I� /_� S'1 ���C � y�,�� af,��cY,1G� 261e- •t /. Signature Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, nue tienen la intention de asistir a esta iunta v aue reauieren servicios especiales, se les suplica nue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante Ia iunta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante Ia iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road, The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on -Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings which begins at S 30 p, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your v ews on this rezoning request. For more information, please call (361) 826-3240 TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT 7, CORPUS CHRIST1 TEXAS 78469- 77. ANY I • ' MATION PROVIDED BELOW BECOMES PUBL - / rQ � 1'Y1 ra �' b� , or NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-rhembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter Printed Name: (. ��w%,(rU Q%Q •-r Address: /OD() / / ! I eA,V ( ) IN FAVOR (N OPPOSITION REASON: ffc)llnD ifti, pVpprr3 VA-i'i„es SEE MAP ON REVERSE SIDE Property Owner ID. «FID» HTE# 1 5-1 000001 3 City/State: IP( Phone: O I g J Case No. 0415-05 Project Manager Jessica Alford J Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intenci8n de asistir a este junta v aue requieren servicios especiales. se les suolica que den aviso 48 horas antes de la junta Ilamando al debartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inales es limitedo, favor de Hamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presence durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to VUlliam E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held otSWednesdav, April 22. 2015 during one of the Planning Commission's regular meetings, which begins at(5:30 p in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 BOX -9277, CORPUS CHRISTI; TEXAS 78459- -9277. ANY I s -MATION PROVIDED BELOW BECOMES PUBLI r -s b NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: X11 "!l 4. e0 c(O _ e164y 0 T1VLPS 34 Scra. So-flot S� ( ) IN FAVOR REASON: IN OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-100000'13 Signature CL � % t City/State: W Tx: Phone: Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencion de asistir a este iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante la junta v su incites es limitado, favor de Ilamar ai departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April g2, 2015 during one of the Planning Commission's regular meetings, which begins at 30 pa), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY .WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DERTMENT, 277. ANY I • MATION PROVIDED BELOW BECOMES PUBL1 77, CORPUS CHRIST 78469 - NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: nr. - rnr5. • nr, Av‘r'1 -• 1 De 1-E0 vl Address:_J (),..D 1 - 1 u r ti . -C City/State: Coil/ pts S CiA,,;a; Ty. ( ) IN FAVOR ( IN OrISI ION Phone: nems• ,%- 1-e £A✓vt:t tr.„.v„eS ; o VI c- + ' -4 i 84,1, 000 4-0 REASON: We. Signature SEE MAP ON REVERSE SIDE Property Owner ID «FID) HTE# 15-10000013 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intention de asistir a esta junta v que reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inales es limitedo favor de hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road_ The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o IfWedtesda A'r' 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p. i in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. 0. BOX -9-277, CORPUS CHRIST , EXAr78469- 75217. ANY INFORMATION PROVIDED BELOW BECOMES PUBLI rn �{ bio NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Or( ,C f ick) (De-Ze Address: /00.?(5.--A11e [ City/State: (e- ( ) IN FAVOR (' `OPPOSITION P REASON: ptintLA--‹ SEE MAP ON REVERSE SIDE Property Owner ID. «FID» HTE# 15-10000013 Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v oue reauieren servicios especiales. se les suplica oue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la iunta v su inoles es limitedo, favor de (lamer al departamento de servicios de desarrollo al nimero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held orWednesda Aril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 D ii, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MA'LED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX -9277, CORPUS CHRISTI, TEXAS 78469- 77 ANY I MATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: I -bon° \ C-cre i Ot Address: t 1�L1 Lts9by I - City/State: ( ) IN FAVOR (fj IN OPPOSITION REASON: uOor- Da- -iku - SQ.h0c) ti +had- t S 10ca-i-e_6 _ \ck. Wn TX Phone: 30 SSZ 0_�6) 11,0151 lSd Signat�7re'' SEE MAP ON REVERSE SIDE Ylorr ►fIc Property Owner ID «FID» HTE# 15-10000013 Case No. 0415-05 Prrjevt Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen Ia intencion de asistir a esta junta v que requieren servicios especiales. se les suplica que den aviso 48 horas antes de Is junta Hernando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante Ia junta v su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF-Vantaqe at Corpus Christi, inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o i1—Wedjriesdav, April_22, 2015D during one of the Planning Commission's regular meetings, which begins afi5'30 p,)3), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. jj TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED 2 7, CORPUS CHRIST , 'AS 78469 - IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT P - ANY IMATION PROVIDED BELOW BECOMES PUBLTt . :s•• NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-rhembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 10Y-.151, C–)Clan 1,0 7/VLP Address: I2,ed Luc, D (ye City/State: a c �i� • 7��1 ( ) IN FAVOR OPPOSITION IN OPPOSITION REASON: Sigatur SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Phone( -5(n 1) LP55 (ocic&3-- cQA Case No. 0415-05 Project Manager Jessica Alfcrd Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencibn de asistir a este iunta v nue requieren servicios especiales, se les suplica gue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al niimero (361) 826-3240. if you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriQirse a la commission durante la iunta v su irides es limitedo. favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o11 Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at30 pia), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. .;/J TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED �� IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, MATION PROVIDED BELOW BECOMES PUBLI 77, CORPUS CHRIS 277. ANY 1 78469 - NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by fetter. Printed Name: Mq i�} n Oat �l "J� Address; rill (0 JOrtlinGh-Tri ( ) IN FAVOR (u,IN OPPOSITION -ErMa Mir TA fciier) citysta ('l') Ty 7Ry(0 Phone: 17q3 XVI? REASON: n nn � I lo+ e-"ale -fir "re ep Signature' rutb C i(k( SEE MAP ON REVERSE SIDE Property Owner ID. «FID» HTE# 1 5-1 000001 3 Case No. 0415-05 Project Manager. Jessica A;ford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen Ia intention de asistir a esta Junta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de Ia junta ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su ingles es limitedo, favor de hamar al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 46 horas antes de fa junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held otWednesda A • ri 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p 81 in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 626-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE- • RTMENT, 0 : •' •277, CORPUS CHRIST , 'A 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 1 -ke (2-? n Address: 14 MR, &S e_ ( ) IN FAVOR (1.4'N OPPOSITION REASON: —Ft aRytic,„ 012 APO Signature SEE MAP ON REVERSE SIDE Property Owner ID: «FID» NTE# 15-10000013 1e.Z en c Z-eAc ,‘ City/State: 120 b/Z t)r) Phone: p'— I Q� 7c9(� " t!D Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este junta y que requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la iunta y su ingles es limitado, favor de Hamar a'. departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interorete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held orW-ednesday, Aprils2, 2015 during one of the Planning Commission's regular meetings, which begins at 30 ilia?, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MA LED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. B0X-9277, CORPUS CHRISTI. TEXAS 78469- 77. ANY I MATION PROVIDED B LOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: el. Address: 11b\ Cdk oLG ( ) IN FAVOR (KIN OPPOSITION REASON:l� "vj 1 joi r t u�" jtcyn lJ� SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 City/State: Phone: Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadesti que tienen la intention de asistir a este junta v que requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su incites es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0495-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr, to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o 1fWednesday, April 22. 2015') during one of the Planning Commission's regular meetings, which begins at30 per, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0.130X-9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBL1 0•■ . - ,re nr hc, T NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-styembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: (nr\I I &OVij,( (TM za k err) Address: Y101 ,v if\� City/State 115( C A ( ) IN FAVOR ( IN OPPOSITION Phone:c9-1 O 3— 37'd-7 ASON: Gt-FSI L �PCYDnir n imm a o ( v-er-croVvGW SEE MAP ON REVERSE SIDE Property Owner ID: «FID» HTE# 15-10000013 S Cd przpe-'*'1 va �o�� du-e,vveAylnbm ouu4 Signature Case No 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este junta y que requieren servicios especiales, se les suptica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance Ia junta v su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o�Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at(30 p , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED ?N ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE • RTMENT, •. 0. : s' •2 7, CORPUS CHRIST , y • S 78469 -9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: L ). + \ Address:q 3 I r L City/State: ea e _11 ri s . I ( ) IN FAVOR IN OPPOSITION Phone:3 tf o p r - f q-,....%/-(5-1)( REASON: , IA) d r K01/4...11- Trn Pr ;rna.rcij Lc GL-F-ic Is- kto w b a�G i -f o u( 1 CRP Q f m . S"If.' ignature SEE MAP ON REVERSE SIDE - - Property Owner ID «FID» l 5 (S �} �f3000) I QQ -C a se Case Na 0415-05 HTE# 1 5-1 000001 3 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencibn de asistir a este junta v aue reouieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nCimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inches es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at(30 pip), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, . 0'X'9277, CORPUS CHRIST , A 78469- b or hq NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-thembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. 277. ANY MATION PROVIDED BELOW BECOMES PUBLI •-E Printed Name: UOl n S T, 1 ?n% Address: 5-1b reek _ City/State: c'p,}� ()pti 1 � IN OPPOSITION Phone: 361 1414 -� 330 ( ) IN FAVOR REASON: h 0 1"--0 oh, sciloo SEE MAP ON REVERSE SIDE Property Owner ID: aFID» HTE# 1 5-1 000001 3 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta iunta v aue reauieren servicios especiales, se les surplice que den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su ingles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF-Vantaqe at Corpus Christi. Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held of Wednesday, April 22, 2015D during one of the Planning Commission's regular meetings, which begins at(30 pal), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469 - 77 ANY i MATION PROVIDED B LOW BECOMES PUBLI •- r TY) 1 h i '-e'r / 1raW NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. (3,-6 Address: Z3 XQ • tkl_EI` ( ) IN FAVOR REASON: \(./QIN OPPOSITION ign lure SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-100000'13 City/State: CI t' Phone: Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intention de asistir a esia junta v aue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirinirse a la commission durante la iunta v su inales es limitado, favor de Hamar al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 horas antes de !a junta para solicitar un interprete ser oresente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April22. 2015 during one of the Planning Commission's regular meetings, which begins at 30 pjrA in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, 277, CORPUS CHRIS A 78459- J277. ANY ICON PROVIDED BELOW BECOMES PUBLI m I� r b-e.)ro, or -hi MAY/ NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: '" I &r -tot 7696, C ` Address:5--)t-N-J 1Ct 't (1 k Cit /State: `-4 Ck C ; 7 ( ) IN FAVOR (/) IN OPPOSITION Phone: -3 (0 1-12 Logi REASON: -1 V.117rk- a7 -}.he Qr Marti a Cr s f r = -4-h, 5 prb ScsF A hc( +'SFr c_ s o 7 n 4 Y`L1Ornin� avkc in 4'a•� rnoon. i be1i,.ev-e an ofa n`_ rvt Lc X t,w ,t ci o n Li G{r d -I-v `i 141 s ,l -t Lrn bcony s -ha n , Signature SEE MAP ON REVERSE SIDE Property Owner ID. «FID» HTE# 15-10000013 La- -ems Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este junta v clue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse ala commission durante la junta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. 10. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the,"RM-1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned kdescribed as: Being 19.74 acres out of the rernpin'der of acre tract described as Parcel 5, in a Special Warranty Deed from Williarri E. McKinzi r. to William E. McKinzie, Jr. Family Limited Partnership, located on the so' th side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at30 p in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY t WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. 0,711:5X-9277, CORPUS CHRIST, 78469- 9277. ANY I FURIVIATTON PROVIDED BELOW BECOMES PUBLI rnb, j bGGira NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or-shembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Ve.i o t• K—r1 711C;. Address: Li ty 9 C:'1/i-_C1H- CitylState: /. 7 i ( ) IN FAVOR (1 OPPOSITION Phone: `(o ? S -_-,F , V REASON: 1 Orn . 1 eaclielr GL+ //1-( 1 rl rncry 14/e ore o I read y over /oa% wf'th, 5L1/7 C2/7d ILiaielL L i5 6trri '/e — tail 110+ /ma91)7e l.Uould 14 Would,� be likEe MA OON RFEVERSE SICE mP�r Signature Property Owner ID: «FID» HTE# 15-10000013 e riip Tex (id(Fd _ Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intenci6n de asistir a esta junta v cue reauieren servicios especiales. se les suolica due den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su Indies es limitedo. favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesda during one of the Planning Commission's regular meetings, which begins a :30 p in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. A • ri 2 2015 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE -337D277, CORPUS CHRIS , A 78469- 77. ANY I • -MATION PROVIDED B LOW BECOMES PUBLI •' f f 1 b -P -P Drr� NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name:J')OVO_ Lonori a, .�►� /� V Address: (11-0 0 b oir fin)0(A) I ( ) IN FAVOR N OPPOSITION REASON: l he o 4k � � Ver CO -kc u1or £V -Q -VL c,,ur` `�rorn nes ,c�� u _ ��s 1 � � oh�• to r ooh yraSP�`��., (z J t es Signature SEE MAP 6N REVERSE SIDEpro.ems Property Owner ID. «FID» l� HTE# 15-10000013 City/State: CC1 � T/1 7d 'D Phone: g1 &7 " ( 0 whi Ieoin -to a -n 9411,) 1 s IJ i+ aerrneo Q7L Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intention de asistir a esta junta v aue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la iunta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held otfednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins atS30 pab, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE IRTAWIrM77, CORPUS CHRIST , A 78469- '3'177. ANY fRFORMATION PROVIDED BELOW BECOMES PUBLI •' ■. )re or -,6 • NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be head by a member or-rfiembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 1f e1-0 n i Cc- L. Lope -2_ Address: 4 006 13 k#2 \A) °jet ( ) IN FAVOR REASON: -There is wo,0 o hniAch ->j rnjs SZ+ lin o tAi ems; tis i i 5 cVet mo t Y11 ribt'„YfQ c.P'it.cr 0 o v, Signature City/State: ( C. % TA' (1(5-N OPPOSITION Phone: -1y 3-0.1.93 SEE MAP ON REVERSE SIDE Property Owner ID «FIDN HTE# 15-10000013 o Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a este junta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta llamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse ala commission durante la junta v su ingles es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 45 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at S 30 psi:6, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY .WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE- • RTMENT, •. 0. : s ' •277, CORPUS CHRIST , WA 78469- X3277. ' ANY IISS MFATIOBLOWN PROVIDED BOW BECOMES PUBLi m I. b.e. jre nr. � 1 NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or�en'mbers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: CP1/4-r- L -m - -r E-A CA -LC -4L) Address: \ \ 2 ��� LTA City/State: Phone(22)LQ ' 5'1048s- ( ) IN FAVOR (IN OPPOSITION REASON: Ip s cs5 St2�, Si nature SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a este junta v que reauieren servicios especiales, se les suplica que den aviso 48 hares antes de la junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante Ia junta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta pare solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held otr ednesday, April 22. 2015 during one of the Planning Commission's regular meetings, which begins at(30 p.sa, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOK 9277, CORPUS CHRISTI, TEXAS 78469- -0 77 ANY 1 s -MATION PROVIDED B LOW BECOMES PUBL1 NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: kO(' Cep d) Address: 0 -DI sip-! � S City/State CC ( ) IN FAVOR �N OPPOSITION Phone: e -Liu 3 1/3 40 id'?? 1 REASON' noticised Cictic c)„ p, (UL OU OA+ f//t J411)/L / C �� 10 AAA Signal SEE MAP ON REVERSE SIDE Property Owner ID «FIDu HTE# 15-10000013 Case No 0415-05 Prc;ect Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaDacidades, clue tienen la intencidn de asistir a esta junta v clue reauieren servicios esneciales, se les suplica oue den aviso 48 horas antes de Ia junta Ilamando al deoartamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diribirse a la commission durante la junta v su ingles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta Data solicitar un interprete ser oresente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held oti N-ednesday, April22, 2015' during one of the Planning Commission's regular meetings, which begins at 5 30 pj , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTYW�NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. (5.130X`9277, CORPUS CHRIS T769- -T277. ANY I MATION PROVIDED BrLOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: h l C-4 J/ Agie(. v.-- Address: £ . 7 8/Id � CitylState: e ( ) IN FAVOR (..-1 If PPOSITION Phone: 3(D! - 948 '-`'-V 7 REASON: �J cd- Mf.v� SC.�-~�()VPle' p*u(aled i SLrlot P0_002- lr\i(00.- N+�►� LJUL 1" `° Signature SEE MAP ON REVERSE SIDE Property Owner iD «FID» HTE# 15-10000013 Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intenci6n de asistir a esta junta v que requieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia junta v su ingles es limitado, favor de Hamar a: departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o tr�Wednesday, April22, 2015-) during one of the Planning Commission's regular meetings, which begins atr 30 p.m?, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY • WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE ` RTMENT, - • : • ' • 7, CORPUS CHRIST , 78469- 7. ANY I MATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. f� \ Printed Name: ' VDT-) (ka'r c R1r1A0a--- Address: .3I LI (iujti ''I r _ CityiState:Ce C/ -7211614 ( ) IN FAVOR ( IN OPPOSITION), rlfg REASON: MI/ mut 1' kU:' E G , Ow' L I , -fir,( how 41) SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Phone: -a.get r u, ci k d GLI T tat sc ow ks . 01 apowt-v-cdv 1\)0,t1 -7 - Signature Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intencion de asistir a este junta y clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de !lamer al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un inlerprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesda A . r' 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOK 9277, CORPUS CHRISTI TEXAS 78469- 77. ANY I MATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: r C m -W' NI OYs Address: 3g 0(0 blelp\L 11`\ ta.Y ° City/State: e C— y 1� ( ) IN FAVOR IN OPPOSITION REASON: eAr C/t'OL )Chip , I" I 4 r Si i >ature SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 i r Phone: 31.0 1 Sig r Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadest clue tienen la intention de asistir a este junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al ntimero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante Ia junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al niumero (3611 826-3240 al menos 48 horns antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on -Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at530 p.m), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED _.•-•\ IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEP RTMENT. P. 0 BOX 9277, CORPUS CHRISTF TEXAS 78469 - ANY I MATION PROVIDED BELOW BECOMES PUBLI RD NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Nam- ` `�Att e_ar AddressA; � � � City/State:CO, � l ll ( ) IN FAVOR (' ) IN OPPOSITION TO1 `�ha�fic Signature SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Phone: 1/10'), Case No_ 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 4B hours in advance at (361) 826-3240. Personas con incapacidades,, que tienen la intention de asistir a este junta v que requieren servicios especiaies, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su idles es limitedo, favor de hamar al departamento de servicios de desarrollo al n imero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19/4 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held ofi-Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at(57:30 pal) in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. *TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT. O. 77, CORPUS CHRIST , AS 78469- . - --- - - - 77. ANY I MATION PROVIDED B LOW BECOMES PUBLI :s- • NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: I l �� '`r- `— V /',,� L LQA Address: qJ 11 LcLe /4-parj12'On City/State: / uS C.)111.5 -'k ( ) IN FAVOR IN OPPOSITION Phone: el f REASON: Q'iri t 0. TY)1 Plum ta- �G1 6004-2° Signature SEE MAP ON REVERSE SIDE Property Owner ID cc FID HTE# 15-10000013 r Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencidn de asistir a este junta y que reouieren servicios especiales, se les suplica que den aviso 48 hares antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su ingles es limitado, favor de Ilamar ei departamento de servicios de desarrollo al neamero (361) 826-3240 al menos 48 hares antes de le Junta para solicitar un interprete ser presente durante le iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o t-Wednesda A . ril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 • , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN !TS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOR 9177, CORPUS CHRISTI,TEXAS 78469- 277. MATION PROVIDED BELOW BECOMES PUB -I - r r 1 +i i• beFore Or.- r- L_ 4,0 441 NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member oembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: >1 n ci r ea ?C\rlOfc) Address: 1-19 l&QO kIAN ( ) IN FAVOR (•OPPOSITION REASON: 1171 W' rrt o ry ,vl -lam Tra(P ass lrr� Cw-cdrudu arm Ca sts etAtckw p - Signature SEE MAP ON REVERSE SIDE \ n-tb r, Property Owner ID «FID» Case No. 0415-05 HTE# 15-10000013 Project Manager. Jessica Alford City/State: +T� LAS (Jir+ ,Ty Phone: g17-(0,37- q/69- Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades1 que tienen la intention de asistir a esta ipntay clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de Ia junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limitedo, favor de Ilamar al departamento de servicios de desarrollo al ntmero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held ot(Wednesdav, April 22.2015 during one of the Planning Commission's regular meetings, which begins at'S 30 p.mi in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY SWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, - 0. : •' •277, CORPUS CHRIS , A 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLI b NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member a embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: (1 C i'1 G 0.1 cD �3 Address:7C)c) S C -tekw ac/ 4, C/_3 City/State:C C X 7 ( ) IN FAVOR N OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Phone3(.n / ' Clc/G - 4=)(4. 7 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incanacidades. clue tienen la intencion de asistir a este junta v clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de Ia junta Ilamando al deoartamento de servicios de desarrollo. al niumero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diribirse a la commission durante Ia junta v su incites es limitedo, favor de Hamar al departamenlo de servicios de desarrollo al numero (3611 826-3240 al menos 48 horas antes de la junta oara solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a chancre to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o rl�Wednesdav, April 22. 2015D during one of the Planning Commission's regular meetings, which begins at(5-i-30 p,mA, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 BOX -9277, CORPUS CHRIST) TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBL�Ite D. m bio NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: ) L �03QQ c Address: 70 r7 5 C (cc reL wvoCd £04Y3 City/State: C C 7 ? 6 ( ) IN FAVOR N OPPOSITION Phone36 /" ,==Daq-v11G REASON: SEE MAP ON REVERSE SIDE Property Owner ID aFID» HTE# 15-10000013 Case No 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta iunta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante la junta v su inales es limitado, favor de !lamer a' departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held or -We. esda A • ri 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 D is , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. ..Jj TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED jS IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE�f ARTMENT, P 0 BOX -9277, CORPUS CHRIST[ TEXAS 78469- 73377. ANY INFORMATION PROVIDED 8 LOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 7E-141 f?? PONY/ S Address: L157426i1-4 City/State: e `( ( ) IN FAVOR ( ✓OPPOSITION Phone: 533-0 REASON: ie tiLY C 15 Very CO II %est( of Q ] DDI y-ropacqed a Signature J SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at feast 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencibn de asistir a esta junta v que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante la iunta v su irides es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held ot(ednesdav, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 30 pJD), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED_BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX -9277, CORPUS CHRIST , 78469- ' 77. ANY I • "MATION PROVIDED B LOW BECOMES PUBLI - • - •. MATZIPSWAVON NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: rte& sse lop& -171/ Pf Address: I S b"t . 1 U`i City/State: C C) 1 O4 b Phone:3 U ~ —DeA 5 ( ) IN FAVOR IN OPPOSITION REASON: i Ira C f -- 6A*JUuto cOLLirne1-C+ Werev-ovx:\dins SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Signature Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen Ia intention de asistir a esta iunta v aue reauieren servicios especiales, se les suplica aue den aviso 48 hares antes de la junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia junta y su inales es limitedo. favor de /lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Is junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi. Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o I6Wednesda A • ri 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p •• , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. *TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0. BOX -9277, CORPUS CHRISTI:TEXAS 78469- 752-7-77 ANY I NATION PROVIDED BELOW BECOMES PUBLI rn b V I AO NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name RVin r -R Address: V2.�r.1 b oAnicaA r \e.U3 City/State: ( ) IN FAVOR REASON: Vr(c� oNe.`r c rrowdin 3 SEE MAP ON REVERSE SIDE Property Owner ID. «FID» HTE# 15-10000013 (X IN OPPOSITION Signdture Phone: ( v 4)AhrYit 1P Case No. 0415-05 Project Manager Jessica A:f:.,rd Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, pue tienen la intention de asistir a esia junta v aue reauieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante Ia iunta v su inoles es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held ofi"—Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins a(30 p , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED iN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 613=77, CORPUS CHRIST , A 78469- -J 77. ANY l'RFUI TION PRQVIDED BELOW BECOMES PUBLI s -p TY1n1 '-e re n(J w NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member oembers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: VI f,L,(,(� Address: Z l%r) City/State: 7C Tx '7P -/ I3 Phone: `� C�— p2q , / ( ) IN FAVOR (,...4 -t1( -OPPOSITION REASON: l Lae/1) .6 77-77 / S %i7 evr fs-1-th. Sig tore SEE MAP ON REVERSE SIDE Property Owner ID *FID HTE# 15-10000013 Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, due tienen la intention de asistir a este junta v clue reauieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la iunta v su 'notes es limitado, favor de Hamar ad departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at; 5 30 pori, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY QWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, I=77, CORPUS CHRIS I1`TkA578469- 77. ANY I r -MAI-ION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: ( ) IN FAVOR (OPPOSITION REASON: 5c&Ct { Ner[fl t t►, SEE MAP ON REVERSE SIDE Property Owner ID wFID» HTE# 15-10000013 City/State: - L_ er7 Phone: Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intention de asistir a este iunta v cue reouieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su incites es limitedo, favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un int&rprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held ofWednesda A • ril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p is , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX -9277, CORPUS CHRISTI, AS 78469- 277. ANY 1 •MATION PROVIDED 6 LOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. t Printed Name: 11€JVLL arm 1.1* ( Address:Mk) l LiY ►11 tf . ( ) IN FAVOR ()() IN OPPOSITION REASON: Gty1 �� S kastnaz Ore ± be�- sE" EMOP0 REV RSE SIDE Property Owner ID HTE# 15-10000013 City/State:( , $tts (A_Azs);i ) Phone:( i61) 707-45R6 creal.e.g eerezez r 1Jat'c r eta bud( Signature Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen Ia intention de asistir a este iunta v nue requieren servicios especiales. se les suplica nue den aviso 48 horas antes de Ia iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is Limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirinirse a la commission durante Ia junta v su innles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc_ has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held orWednesday, April 22. 2015') during one of the Planning Commission's regular meetings, which begins a :1 in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED [_ IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, O. 7, CORPUS CHRISTI, TEXAS 78469- ANY IRFO MFMAATION PROVIDED BELOW BECOMES PUBLI m �Zby its*, NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: c Q n Y11 Pe ir4torrp,r-a_ Address:(2 30\ OYVpI T -. { ) IN FAVOR (4N OPPOSITION REASON Toy pn_L.Lejl Tra, c1,55 l cwn..S are, ak 2 u S SEE MAP ON REVERSE SIDE Property Owner ID aFID» HTE# 15-10000013 City/State: CC.) Tx 7LIO'I Phone: 3 Q t -q9V <J 8 p ki P.K r Sal cot . r Sign. ur V-ec,eive 201s flab' f Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, due tienen la intention de asistir a esta junta v due reauieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interp ler be present during the meeting. Si listed desea diriiirse a la commission durance la 'unta su incle i 't -do favor d -11a departamento de servicios de desarrollo al numero x:3611 826-3240 al menos 48 hor un intercrete ser oresente durance la junta. a teszde la 'unta •aro .iu. l_ 1l1 CITY PLANNING COMMISSION I app 215 Lfj DEVELOPMENT SERVICES PUBLIC HEARING NOTICE SPECIAL SERVICES j Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held cif -Wednesday, Ap—riEr 2015 during one of the Planning Commission's regular meetings, which begins at 5 30 p , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, 277. ANY I MATION PROVIDED BELOW BECOMES PUBLU WNER(S) AND MAILED • 277, CORPUS CHRIST , S 78469- NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: elM--(\;,0,--c4 i6k res Address: Ctld-e5 1 City/State: a - a • Tx 7n`/ ( ) IN FAVOR REASON: N OPPOSITION Phone: (3L -71 S' SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 - it Case No 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, due tienen la intention de asistir a esta junta v due reduieren servicios especiales, se les suplica due den aviso 48 hares antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dur ng the meeting. Si usted desea diri•irse a la commission durante la 'unta su in•I mit do—faVtsr–da–iia.-- de artament de•artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 ho Fs -s de Ia'unta •ara un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 APR 2 3 2015 DE /ELOPMENT SERVICES SPEC"IAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held otrwednesday, April 22, 2015) during one of the Planning Commission's regular meetings, which begins at(30 p, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX" 9277, CORPUS CHRISTI, TEXAS 78469- -D277. ANY II�FIIRMATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: v (q1(/iI 1n J� zilji'Q .�r. CitylState: Cd7 ( ) IN FAVOR ( OPPOSITION ere j3 much ±rafic a l ready Q 5 i S. 0111 1171• Rios Phone: f (0 ) acii—$ s -g REASON: SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Case No. 0415-05 Proect Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencien de asistir a este junta v aue reauieren servicios especiales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request a 'aterpreter be_present-dua • •e meeting. Si usted dese dirisirse a la commissidunt 1. 'unta su in. - ][?atmitadofavor de al de•artamento de servicios de desarrollo al n "r'nero 361 826 40 al menos 48 hcir Tfi es dela 'unta 'era Mr•®_ un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 1 APR 2 3 ZIU15 DEVELOPMENT SERVICES SPECIAL SERVICES AAF -Vantage at Corpus Christi. Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held or -Wednesday, April22. 2015 during one of the Planning Commission's regular meetings, which begins atE30 p,p3), in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. �(/) TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED �4C` IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE- RTMENT, ' • .: s' •277, CORPUS CHRIST , �' 78469- -077. ANY i IF�ATION PROVIDED BtLOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed NameTh d. 1t (Ajcs Address: 3 d 0 5 L21e.-i-/#S Or- City/State: L, C. ( ) IN FAVOR (KN OPPOSITION REASON: 4—Okre) Q 1fir L (leQ le�� SEE MAP ON REVERSE SIDE Property Owner ID «FID» HTE# 15-10000013 Phone: Signal ,,.r, / - i4,4rrJ[ Case No. 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este junta v nue recuieren servicios especiales, se les suplica oue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to reques -_I anterpreteir..be-present_clu e meeting. 5i usted desea dirigirse a la commission durante la junta v su in • ���, - I ti tado, favor de r al departamento de servicips de desarrollo al numero (3611 6-3240 al menos 4:- antesde la junta pat s cit r I un interorete ser presente durante la iunta. 1 CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 APR 2 3 2015 DEVELOPMENT SERVICES SPECIAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held of ednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins at 5 30 p , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY •WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, '. •. = e ' CHRIST 78469- 7. ANY I • - MATION PROVIDED B LOW BECOMES PUBLI 7, CORPUS NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Rt-te Address: 023 Y / 4/1k .0 J)r . City/State:4o/'/ t t� 4► ( ) IN FAVOR p4 IN OPPOSITION Phone: -74,/- - 7f'/6, REASON: 7'A/6r'ea Se e1 c : � e j de crease) Aviee/ ' ✓41;e -s, o Pep c -5c.J /, /. cr'c c, ?'rru-A1G Crud a -612'Y eoi/ 1 /,'ver acre -Ls 1-e tet/ ignature SEE MAP ON REVERSE SIDE Property Owner ID: «FID» HTE# 15-10000013 Case No. 0415-05 Project Manager. Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diric.irse a h commission durance la junta y su ingeseks limitado favor de mar La' de•ariamento de servicios de desarrollo al niamero 361 826-3240 al mends 48 t ra- antes de la unta -ia sbfcitar un int rprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0415-05 APR 2 3 2015 DEVELOPMENT SERVICES SPECIAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o iSWednesda A• ril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 i..' in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0 -BOX 9277, CORPUS CHRIST( TEXAS 78469- 277 ANY IN • -MATION PROVIDED BELOW BECOMES PUBLI NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: MI:c / I I rs I rd C') j^(( /.l le Address: 31) rilGc pie City/State: C7_r. , -7-4/1/ 0 ( ) IN FAVOR ( OPPOSITION REASON: Phone: 3!o i- `7 4-3'7 5 l' Y n.wv, SEE MAP ON REVERSE S, D Prrprrty Owner ID «FID. HTE# 15-10000.013 Signature Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este 'junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri+irse a la commission durante la 'unta su ino es es limitado favor •e If mar al decartamen9D de servicios de desarrollo al niimero (361) 826-324D al menos 481 arab antes de fa junta paWar un interprete ser presente durante la junta. LF, IV l CITY PLANNING COMMISSION [j APR 2 3 2015 PUBLIC HEARING NOTICE DEVELOPMENT SERVICES Rezoning Case No. 0415-05 SPECIAL SERVICES AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o I(Wed esda Aril 2 2015 during one of the Planning Commission's regular meetings, which begins a :30 p.,u , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, P. O. 277, CORPUS CHRIS11 TEXAS 78469- 7 27ANY I •'MATION PROVIDED BELOW BECOMES PUBLI - - NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 3 De CV F4/1 e•-•\. &Art' 0, Address: \O' \c1 D lu+rni05LeaC-t r. City/State:?rpk5 einr,5+1 , ( ) IN FAVOR (1/(N OPPOSITION Phone: 3L2 - aacg-ati 0% REASON: CLAr S&oo at+ 5- --i 4 i S oJceaakOW/ pOpa-ia7"e� . J LOM l060er -W- ' UaitUe_ c7P our froeneg and pass,bIi, bri`n5 "n snore. Cr+ ine , Signature SEE MAP ON REVERSE SIDE Property Owner ID- «FID» HTE# 15-10000013 ')LcAA,\e, tx.&_ 3kx.k4 Case No. 0415-05 Project Manager: Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intention de asistir a esta junta v nue reciujeren servicios especiales, se les suplica me den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a Ia commission durante la junta v su incites es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins atc30 %Da?, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY • WNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE RTMENT, ' •. = s • • 77, CORPUS CHRIST 7. ANY I MATION PROVIDED B LOW BECOMES PUBLI rn i• U S 78469 - NOTE: In accordance with the Planning Commission By -Laws, no discusslon shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: fruk» Address: City/State: Nt io 2 N FAVOR REASON: IN OPPOSITION o4 J oLu'\ \\-) Q SEE MAP ON REVERSE SIDE Property Owner Ia «FID» HTE# 1 5-1 000001 3 Phone: %\0 kc\c; sa Signature veAA ��z2IZoIS Case No, 0415-05 Project Manager Jessica Alford Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, nue tienen la intencion de asistir a esta junta v que requieren servicios esoeciales, se les suolica nue den aviso 48 hares antes de la iunta Ilamando al departamento de servicios de desarrollo, al nCimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirinirse a la commission durante la junta v su ingles es limitado. favor de !lamer al deoartarnento de servicios de desarrollo al nimero (361) 826-3240 al menos 48 horas antes de la iunta oara solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi. Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held oh—Wednesday, April 72. 2015-) during one of the Planning Commission's regular meetings, which begins at 5 30 p, , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY SWNER(S) AND MAILED . IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DE- RTMENT, - s.: s ' • 77, CORPUS CHRIS , 78469- 77. ANY INFORMATION PROVIDED BELOW BECOMES PUB—LTC-RE 11ibeForr U7... NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of' this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: (N41c35 r ' +G1 Address: railL� ( ) IN FAVOR 0(IN OPPOSITION REASON: Sof 4-F our 5c h oo\ Q+ a ov•e r VO p Lt a 4-e d, Scti ov ) SEE MAP ON REVERSE SIDE Property Owner ID° «FID» HTE# 15-10000013 4\:,,,K City/State: /.pr tr?_(/' Phone: 6e( 7Y2_ 1 re 93 lien,a&re heav1 rffc Signature Case No. 0415-05 Project Manager Jessica Alford aGFd 1-ti22/Ze7 IS Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta junta v clue reauieren servicios especiales, se les suplica clue den avlso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please calf the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriclirse a la commission durante la junta v su irides es limitedo, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iuntapare solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0415-05 AAF -Vantage at Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial and medium density residential to medium density residential. The property to be rezoned is described as: Being 19.74 acres out of the remainder of a 20.26 acre tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, located on the south side of Up River Road between Deer Run Drive and Carbon Plant Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held o Wednesday, April 22, 2015 during one of the Planning Commission's regular meetings, which begins a57.-30 p.ui . in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DERTMENT, 0 • ' • 7, CORPUS CHRIST , 78469- 77 ANY I • - MATION PROVIDED B LOW BECOMES PUBLI • - •. Pi h1' i,Q u • • NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member o embers of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Sri cc a SrnT"k Address: c 2 /3 %5A aSc Di 0 C 1OCity/State: ( 0- —Ft '] g/) ( ) IN FAVOR (SIN OPPOSITION REASON: Cln J ,,,r(•�,j� `j�,1 SEE MAP ON REVERSE SIDE Property Owner ID: FID�o HTE# 15-10000013 "Signature gii(sots Phone: Case No. 0415-05 Project Manager Jessica Alford Aerial Overview AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 16, 2015 Second Reading for the City Council Meeting of June 23, 2015 DATE: May 27, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3602, 3606, 3610, and 3614 Laguna Shores Road CAPTION: Case No. 0515-03 Kapavik Builders, Inc.: A change of zoning from the "RS -6" Single - Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1, 2, 17, and 18, Block 10, Laguna Vista Shores, located along the west side of Laguna Shores Road between Courtland Drive and Riviera Drive. PURPOSE: The purpose of the rezoning is to allow development of single-family residences with setback requirements that are more consistent with smaller lot sizes. RECOMMENDATION: Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant requests a rezoning from the Single - Family 6 District to the Single -Family 4.5 District. The current district requires a minimum lot size of 6,000 square feet. Each lot is 5,000 square feet in size. The subject lots are non -conforming with respect to lot size. The applicant seeks to change the zoning district for the purpose of reducing the front yard setback requirement to be more in line with smaller lot sizes. The change in zoning district would permit a twenty foot (20') setback as opposed to the twenty-five (25') front yard setback required by the Single -Family 6 District. The proposed rezoning would not negatively impact the surrounding properties and is appropriate for the proposed use. The rezoning is consistent with the Comprehensive Plan and the Flour Bluff Area Development Plan (ADP), is compatible with adjacent land uses of nearby properties and does not alter the character of the surrounding area. The proposed designation of "RS 4.5" Single -Family 4.5 is more appropriately suited for the subject property due to lot size. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is within the boundaries of the Flour Bluff ADP. The proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: 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 Kapavik Builders, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1, 2, 17, and 18, Block 10, Laguna Vista Shores, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Kapavik Builders, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 20, 2015, during a meeting of the Planning Commission, and on Tuesday, June 16, 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 Kapavik Builders, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1, 2, 17, and 18, Block 10, Laguna Vista Shores, located along the west side of Laguna Shores Road between Courtland Drive and Riviera Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 036027), as shown in Exhibit "A". Exhibit A, which is a location map, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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 0515-03 Ordinance — Kapavik Builders, Inc. Page 2 of 3 SUBJECT PROPERTY -/A4/ R-1 see 800" Fee Bate Created.- 5/6/2015 Prepared 8y: Jeremym men( of Development Services CASE: 0515-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -5 Multitamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 Resort Commercial FR Farah Rural R Historic Overlay RP Business Park Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial IL Light Industrial IH Heavy Industrial Pum Planned Unk Dev. Overlay R3-10 Single -Family 10 RS -5 Single-Family6 55-_5 Single -Family 4.5 R3 -TE Two -Family R3-15 Single -Family 15 RE Residential Estate R5-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home EXHIBIT A 0515-03 Ordinance — Kapavik Builders, Inc. Page 3 of 3 Aerial Overview Aerial t N PLANNING COMMISSION FINAL REPORT Case No.: 0515-03 HTE No. 15-10000027 Planning Commission Hearing Date: May 20, 2015 Applicant & Legal Description Applicant/Owners: Kapavik Builders, Inc. Legal Description/Location: Lots 1, 2, 17 and 18, Block 10, Laguna Vista Shores, located along the west side of Laguna Shores Road between Courtland Drive and Riviera Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 5,000 SF per lot; a total area of 20,000 SF Purpose of Request: To reduce the setback requirements to be more consistent with smaller lot sizes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 District Vacant Low Density Residential North "RS -6" Single -Family 6 District Vacant Low Density Residential South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "RS -6" Single -Family 6 District Low Density Residential and Public/Semi-Public Low Density Residential West "RS -6" Single -Family 6 District Vacant and Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP) and is planned for low density residential uses. The proposed change of zoning is consistent with the adopted Future Land Use Plan and the Flour Bluff Area Development Plan. Map No.: 036027 Zoning Violations: None Transportation Transportation and Circulation: The lots to be rezoned each have approximately 50 feet of frontage along Laguna Shores Road which is designated a Parkway as per the Urban Transportation Plan. In addition to frontage along Laguna Shores Road, Lot 1 has approximately 100 feet of frontage along Courtland Drive which is designated a Local Street. Lot 18 has approximately 100 feet of frontage along River Drive, which is also designated a Local Street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Laguna Shores Road P1 Parkway40' 80' ROW paved 50' ROW 28' paved N/A Courtland Drive Local Street N/A 50' ROW 28' paved N/A Riviera Drive Local Street N/A 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The purpose of the rezoning is to reduce the front yard setbacks to accommodate construction of dwellings on non -conforming lots of 5,000 square feet. Development Plan: The applicant plans to develop the four 5,000 -square foot lots with single-family dwelling and seeks the "RS -4" Single-family 4.5 District to allow development to occur in accordance with the minimum development standards of the "RS -4.5" Single -Family 4.5 District, in particular the requirement for a 20 -foot front yard setback. Background: Per the Unified Development Code (UDC), the "RS -6" Single -Family 6 District requires a minimum lot size of 6,000 square feet and a 25 -foot setback along the street frontage. UDC text further requires the setback be applicable to both street frontages of corner lots. The property was platted in the 1940s and annexed in 1961. The lots are non -conforming lots, having never met the required 6,000 -square foot minimum lot size. At the time of annexation, the Zoning Ordinance allowed corner yard setbacks to be smaller than today's standards. Additionally, the UDC does not consider these lots to be "back-to-back" lots where reduced setbacks of 10 feet can be granted along the corner streets. The applicant raised several concerns about having to meet the 25 -foot setback along both street frontages on the two corner lots given the size of the lots being 5,000 square feet. The applicant presented deed restrictions recorded at the time of the subdivision plat was filed for staff's consideration of a reduced setback along the corner streets of Courtland and Riviera Drives. The 1940s deed restrictions allow a 20 -foot front yard and five-foot side yard. However, today's Unified Development Code requires non -conforming lots to comply with the zoning district's setbacks/yard requirements of 25 feet. Existing Land Uses & Zoning: The subject property is vacant and zoned "RS -6" Single -Family 6 District. The subject property is surrounded by lots with single-family homes or vacant properties all zoned "RS -6" Single -Family 6 District. Air Installation Compatibility Use Zone (AICUZ): The subject property is located in Accident Potential Zone 1 (APZ-1) of the Navy's AICUZ. Single-family dwellings are not a compatible land use in the APZ-1. Neither the existing zoning district, existing single- family neighborhood, nor the requested zoning district are compatible in the APZ-1. Planning Commission Final Report Page 3 Though the rezoning is not consistent with the APZ-1, the applicant is authorized to construct a single-family dwelling without the rezoning based on the property's existing zoning "RS -6" Single -Family 6 District. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses. The subject property is within the boundaries of the Flour Bluff ADP and is consistent with the policies contained therein pertaining to land use and density. Department Comments: • The subject lots were platted in 1941 while under the jurisdiction of Nueces County (Volume 8, page 32). Although not enforced by the City, Staff notes for the record the existence of recorded deed restrictions that show intent to allow residential development with a 20 -foot front setback and five-foot side yard setback on the subject lots. • The lots became nonconforming lots of record at the time of City annexation and zoning with respect to lot size as the subject lots are 5,000 square feet in size while the "RS -6" Single Family Residential District requires a minimum lot size of 6,000 square feet. • The "RS -4.5" Single Family 4.5 District requires a minimum lot width of 45 feet, a minimum lot area of 4,500 square feet and, a minimum street frontage setback of 20 feet. These requirements are seemingly more applicable to lots with an area of 5,000 square feet. • The general non -conforming section of City Ordinance permits reduced standards, including a reduction in setbacks for lots with frontages of not less than twenty-five feet (25) or more than forty-five (45) feet. (Article 9, Section 9.5.2, 9.5.3.) • Past practice was to zone property as the most restrictive single family district in the absence of long-term planning efforts indicating otherwise. • The proposed zoning would not, in this instance, increase density. • The proposed rezoning would not negatively impact the surrounding properties • The proposed zoning is appropriate for the proposed use. • The rezoning is consistent with the Comprehensive Plan and the Flour Bluff Area Development Plan (ADP). • The proposed rezoning is compatible with adjacent land uses of nearby properties and does not alter the character of the surrounding area. • The proposed designation of "RS 4.5" Single -Family 4.5 is more appropriately suited for the subject property due to lot size. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS - 4.5" Single -Family 4.5 District. Planning Commission Final Report Page 4 0 -0 0 CL 0 z Number of Notices Mailed As of May 13, 2015: In Favor In Opposition — 44 within 200 -foot notification area; 11 outside notification area — 0 inside notification area; 0 outside notification area — 3 inside notification area; 0 outside notification area For 10.07% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) Planning Commission Final Report Page 5 SUBJECT BJE T 14* PROPERTY R-7 see 411 skiwittp* A*** *Alit 24*Patatt Date Created: 5/6✓20f5 Prepared By: jeremym 1 Dy rlment of Development Services CASE: 0515-03 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural N Historic Overlay BP Business Park IL Light Industrial IH Heavy industrial PUD Planned Unit Devi Overlay RS -10 Single -Family 10 RS.6 Single-Family6 RS -4.5 Single-Famlly4.5 RS -TF two -Family RS -15 Single -Family 15 RE Residential Estate R5-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O owners with 200' buffer in favor / Owners within 200' fisted on V/ Owners — attached ownership table /\ in opposition SUBJECT PROPERTY LOCATION MAP City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 16, 2015 Second Reading for the City Council Meeting of June 23, 2015 DATE: May 29, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14, 15, 16 and 17 Country Club Place CAPTION: Case No. 0515-04 Magellan Terminals Holdings, L.P.: A change of zoning from the "RS -6" Single -Family 6 District to the "ON" Office District, resulting in a change to the Future Land Use Plan from low density residential uses to professional office uses. The property is described as Lots 14, 15, 16, and 17, Country Club Place, located on the north side of Interstate Highway 37 Access Road, south of Tribble Lane and west of Poth Lane. PURPOSE: The purpose of this item is to allow an office use. RECOMMENDATION: Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to "ON" Office District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "ON" Office District to allow construction of an office building. It will house the plant control room for Magellan's industrial services to the north. The site is proposed to have access from Poth Lane. No access is proposed to the south along a private access drive previously a public street called Country Club Place. The subject property is located in an abandoned single-family subdivision in a heavy industrial area of Corpus Christi adjacent to Refinery Row. Ownership records with the Nueces County Appraisal District indicate the lots in the neighborhood currently are owned by several different industrial companies. It is staff's opinion the neighborhood should be redeveloped to provide better compatibility with uses needed to support industry and that the proposed rezoning would not negatively impact surrounding properties. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "ON" Office District is consistent with the Westside ADP but inconsistent with the adopted Future Land Use Plan's designation of the property as low density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: 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 Magellan Terminals Holdings, L.P. ("Owner"), by changing the UDC Zoning Map in reference to Lots 14, 15, 16, and 17, Country Club Place, from the "RS -6" Single -Family 6 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Magellan Terminals Holdings, L.P. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 20, 2015, during a meeting of the Planning Commission, and on Tuesday, June 16, 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 Magellan Terminals Holdings, L.P. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 14, 15, 16, and 17, Country Club Place, located on the north side of Interstate Highway 37 Access Road, south of Tribble Lane and west of Poth Lane (the "Property"), from the "RS -6" Single -Family 6 District to the "ON" Office District (Zoning Map No. 049045), as shown in Exhibit "A". Exhibit A, which is a location map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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 0515-04 Ordinance — Magellan Terminals Holdings, LP Page 2 of 2 CG -1 SUBJECT PROPERTY R M R137—ACCESS CN -1 UP-RIVER-TO1H-37-RAM P—H_3 7 -F -WY /H -37 -ACCESS AV soo Feet jCDat Created:/5/4/2015 �fa.red By jeremym Depa ent of Development rvi N CASE: 0515-04 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home CHANNEL / SUBJECT PROPERTY LEO ARD L AGNES M LOCATION MAP 1 City of Corpus Christi Exhibit "A" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0515-04 HTE No. 15-10000025 Planning Commission Hearing Date: May 20, 2015 IlncrrApplicant in+inn & Legal Applicant/Owner: Magellan Terminals Holdings, L.P. Representatives: Michael Pearson Legal Description/Location: Lots 14, 15, 16, and 17, Country Club Place, located on the north side of Interstate Highway 37 Access Road, south of Tribble Lane and west of Poth Lane. Zoning Request From: "RS -6" Single -Family 6 District To: "ON" Office District Area: 1.51 acres Purpose of Request: To allow construction of a one-story office building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- Family Vacant Low Density Residential North "CG -1" General Commercial "IH" Heavy Industrial Commercial South "RS -6" Single- Family 6 Vacant Low Density Residential East "RS -6" Single- Family 6 Vacant Low Density Residential West "RS -6" Single- Family 6 Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "ON" Office District is not consistent with the adopted Future Land Use Plan or the Westside Area Development Plan. Map No.: 049045 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the north side of Interstate Highway 37 Access Road, south of Tribble Lane and west of Poth Lane. The right-of-way to the property has been closed and dispersed to the adjacent property owners. The applicant owns the adjacent 101 acres of property to the north of the subject property and has submitted a re -plat of four lots affected by the re -zoning request to provide access to Poth Lane. Planning Commission Final Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of a one-story office building. Development Plan: The proposed rezoning is to allow for the development of a single - story, pre-engineered 15,000 -square -foot office building, which will serve approximately 150 employees. It will house the plant control room for Magellan's industrial services to the north. The proposed height of the building is planned to be about 18 feet with a corrugated steel exterior. The parking lot will have approximately 74 spaces. This project will be completed in one phase. Employees and staff will occupy the building 24 hours a day, 365 days of the year. At a minimum, the Unified Development Code would require a Type A Buffer Yard for the proposed redevelopment. "Type A" Buffer Yard requirements include a 5 buffer points at the eastern and western property lines adjacent to the "RS -6" Single -Family 6 District. The site is proposed to have access from Poth Lane. The new access drive will serve as the property's street yard. No access is proposed to the south along a private access drive previously a public street called Country Club Place. Existing Land Uses & Zoning: North of the subject property is zoned "CG -1" General Commercial with existing industrial uses. South, east and west of the subject property is zoned "RS -6" Single -Family 6 District and is vacant. 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 Westside Area Development Plan (ADP). The proposed rezoning to the "ON" Office District is not consistent with the Westside ADP or the adopted Future Land Use Plan's designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - High-intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of (b) public institutional buildings (d) scale of design. (Westside Area Development Plan, Policy Statement C.5). - Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for their activities. (Westside Area Development Plan, Policy Statement C.6). Plat Status: The subject property is comprised of four platted lots. The applicant has submitted a re -plat of the property to allow construction of a proposed office building and access to Poth Lane. Planning Commission Final Report Page 3 Department Comments: • The subject property is located in an abandoned single-family subdivision in a heavy industrial area of Corpus Christi adjacent to Refinery Row. Ownership records with the Nueces County Appraisal District indicate the lots in the neighborhood currently are owned by several different industrial companies, including Citgo Refining and Chemicals, Flint Hills Resources and Mark West Javelina Co., LLC. It's staffs opinion the neighborhood should be redeveloped to provide better compatibility with uses needed to support industry. • It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties even though the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use. There are no homes in the neighborhood, which has remained empty of any redevelopment for years. • An "ON" District would allow uses that are compatible for the proposed development and provide a land use transition between the interstate and the neighboring industrial users abutting the abandoned residential subdivision. • Staff's opinion is that an administrative office facility does increase the desirability of this vacant neighborhood, which largely is comprised of heavy industrial and light industrial users to the north and west, and the close proximity to the 1-37 highway to the south. • Staff does recommend an office building in support of industry to the north be developed on the subject property. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to "ON" Office District. Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 6 outside notification area As of May 29, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0515-04 Magellan Terminals Holdings, L.P\Council Documents\Report for CC_0515-04 Magellan Terminals Holdings, L.P..docx CG -1 SUBJECT PROPERTY RMI 137 ACCESS CN -1 UP-RIVER-TO1H-37-RAM P—H_3 7 -F -WY 0 °m . 400 8 0 Feet /H -37 -ACCESS j�1V/� Dat Created/5/4/201,5 �P�ipajed By jeremy Depanment of Development .eivi N CASE: 0515-04 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home CHANNEL / SUBJECT PROPERTY LEO ARD L AGNES Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition M LOCATION MAP 1 City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 16, 2015 Second Reading for the City Council Meeting of June 23, 2015 DATE: May 29, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 309, 311 and 341 South Shoreline Boulevard CAPTION: Case No. 0515-05 Bayfront Medical Plaza, L.P.: A change of zoning from the "CR -1" Resort Commercial District to the "CI" Intensive Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, located along the west side of Shoreline Boulevard between Kinney Street and Born Street. PURPOSE: The purpose of this item is to allow commercial uses of an urban downtown character. RECOMMENDATION: Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "CI" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CR - 1" Commercial Resort District to the "CI" Intensive Commercial District to allow for reduced setbacks more conducive with an urban design for a five -story hotel. The proposed hotel would be designed and located in close proximity to the property line on Shoreline Boulevard to maximize hotel patron access to approximately 20 acres of City park land and a 12 -acre public beach, both across Shoreline Boulevard from the subject property. City staff supports the requested zoning because it fits with the city's area development plan to promote urban design and tourist -related uses within the Central Business District. Policy statements within the Central Business Area Development Plan encourage tourist -related uses in this area of the city and point to urban design techniques to promote the urban aesthetics, such as locating parking behind buildings to establish a storefront awning and presence along arterial roads. Shoreline Boulevard. is an arterial road. Reduced setbacks in the "CI" Intensive Commercial District would allow for a more urban design on this site. It is important to note: Prior to the adoption of the Unified Development Code, the former Zoning Ordinance specifically prohibited automobile parking lots and accessory off-street parking spaces from being located in the required 20 -foot front yard setback in the "CR -1" Resort Commercial District. The UDC, adopted in 2011, did not include this restriction. The lack of this restriction significantly affects the planned aesthetics of Shoreline Boulevard. ALTERNATIVES: 1. Deny the request. 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" Intensive Commercial District is consistent with the Central Business Development Plan and the adopted Future Land Use Plan's designation of the property as commercial and mixed commercial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: 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 Bayfront Medical Plaza, L.P. ("Owner"), by changing the UDC Zoning Map in reference to a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Bayfront Medical Plaza, L.P. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 20, 2015, during a meeting of the Planning Commission, and on Tuesday, June 16, 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 Bayfront Medical Plaza, L.P. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, located along the west side of Shoreline Boulevard between Kinney Street and Born Street (the "Property"), from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), ), as shown in Exhibit "A" and Exhibit "B". Exhibit "A", which is a metes and bounds of the Property, and Exhibit "B", which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0515-05 Ordinance — Bayfront Medical Plaza, LP 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 0515-05 Ordinance — Bayfront Medical Plaza, LP Page 3 of 3 YRBANI ENGINEERING Exhibit A 0.98 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 32054.B5.01 April 23, 2015 Fieldnotes for a 0.98 acre tract of land, being a portion of Lots 1 through 11, Jones Shoreline Business Lots, a map of which is recorded in Volume 14, Page 35, Map Records of Nueces County, Texas, a portion of Share 7, Tract B, W.S. Harney Tract, a map of which is recorded in Volume 4, Page 34, Map Records of Nueces County, Texas, a portion of lands reclaimed by the Bay Front Protection Work, a map of which is recorded in Volume 9, Pages 38-41, Map Records of Nueces County, Texas and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, a map of which is recorded in Volume A, Page 15, Map Records of Nueces County, Texas; said 0.98 acre tract being more fully described as follows: Beginning at a 5/8 inch iron rod, found, on the West right-of-way of South Shoreline Boulevard, a public roadway, for a corner of this tract; Thence, South 11°32'05" West, at 5.34 feet pass the Northeast corner of the said Lot 11, in alI a total distance of 285.04 feet to the North right-of-way of Born Street, a 60.00 foot wide public roadway, for the Southeast corner of the said Lot 1 and this tract; Thence, South 85°09'55" West, with the said North right-of-way, the South line of the said Lot 1, 104.23 feet, for the Southwest corner of this tract; Thence, North 1 I°32'05" East, 321.23 feet for an outer ell corner of this tract; Thence, North 16°49'33" East, 83.14 feet pass a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. Tx", found for the Southeast comer of a 100 foot by 100 foot tract out of Lots 2 and 3, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, a map of which is recorded in Volume A, Page 15, Map Records of Nueces County, Texas, in all a total distance of 108.15 feet for the Southwest corner of a City of Corpus Christi (unrecorded) tract, East of South Water Beach Lots 2 and 3, Block 3 and for the Northwest corner of this tract; Thence, North 89°52'30" East, 104.97 feet, to the said West right-of-way of South Shoreline Boulevard, for the Northeast corner of this tract; Thence, South 16°54'45" West, 136.33 feet, with the said West right-of-way, to the Point of Beginning, containing 0.98 acres (42,574 square feet) of land. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnote 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 eith W. Wooley, R.P.i..S. License No. 5463 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com S:1Surveying1320541B5011OFFICEIMETES AND BOUNDSIFN0.9MpreFirm #145 TBPLS Firm #10032400 Exhibit "A" Le e/1 FAX (361)854-6001 Page 1 of 1 Lot 5, Tract A a 27 oV', � - ;-' C• Lot 4, Tract A 2 a rn 7 3 a o a dr Lot 3. Tract Tract 1 Schatzet Tract 1 Vol 34. P9' N46' "PRecords o Texas CountY 90 60 30 0 40' o o H oc oa fi� dib -r?° c•pa L ev _43 ry" 1(810.61 V zc o (r, Pori of Lot 1. Water Block 3, nlrol Wharf & Worehouse 0 o.'s Subdivision, Vol. A. w ,g 15, Map Records of Nueces County. Texos 1 Portion of Shore 7, Tract 8 W,S. Harney Tract Vol, 4, Pg. 34, Map Records of Nueces County. Texos East of South Water Beach Lots 2 and 3, Block 3 (unrecorded) (Owner: City of Corpus Christ) ,N89'52'30"E 104.97' 15- Ul{E.1y Easement SOoe. Ne. 20020501764 O.P.R — UIii�1y Easement (Doc. Ido. 2005003678. O P.Rrd.C,T,) 1 40' Portion o1 land reclaimed by the Boy Front Protection Work Vol. 9, Pgs. 38-41, Mop Records of Nueces County, Texas 6 "Poin Begi of ping" Lot 11 Lot 10 Lot 9 / Graphic Scale 1 "=60' 60 Exhibit B Sketch to Accompany FIELDNOTES for a 0.98 acre tract of land, being a portion of Lots 1 through 11, Jones Shoreline Business Lots, a map of which is recorded in Volume 14, Page 35, Map Records of Nueces County, Texas, a portion of Share 7, Tract B. W.S. Harney Tract, a map of which is recorded in Volume 4, Page 34, Map Records of Nueces County, Texas, a portion of lands reclaimed by the Bay Front Protection Work. a map of which is recorded in Volume 9, Pages 38-41, Map Records of Nueces County, Texas and a portion of Lot 1. Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, a map of which is recorded in Volume A, Page 15, Map Records of Nueces County, Texas. 120 f s41 Lot r 4.01 6 Lot 5 Lot 4 Lot 3 Lot 2 1.+9 1 S55'09'55 Born Street 0.98 Acres 42,5749f 104.23 / 35' URBAN ENGINEERING WC f8 1 11.10. 140, RPM r11e1 N0. 10017400 2721 SIONITNCR ae COIPIR Owen. 17 71404 PHONE: 301.134.3101 MNi.1.01.MCK401 35, 129iinst • Fd. 5/8" I.R. with red plastic cap stamped "Urban Engr C.C. Tx" DATE: April 23 2015 SCALE: 1.-130 ' JOB NO.: 32054.B5.01 SHEET: 1 of 1 DRAWN BY: XG urbansurveylOurbaneng.com O 2015 by Urban Engineering Exhibit "B" C16m,arinnl]7r1CAARCn14FY77ncemcn1 Au., 4r7A r7M C 12•CA•77 AMA ntur. Tn aflF r Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0515-05 HTE No. 15-10000030 Planning Commission Hearing Date: May 20, 2015 Applicant & Legal Applicant/Owner: Bayfront Medical Plaza, L.P. Representatives: Urban Engineering Legal Description/Location: Being a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, located along the west side of Shoreline Boulevard between Kinney Street and Born Street. Zoning Request From: "CR -1" Resort Commercial To: "Cl" Intensive Commercial Area: 0.98 acres Purpose of Request: To reduce the street yard setback to zero feet to accommodate an urban building design. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CR -1" Commercial Resort Vacant Mixed Commercial and Commercial North "CR -1" Commercial Resort City Pump Station Mixed Commercial South "Cl" Intensive Commercial Vacant Mixed Commercial East "CR -1" Commercial Resort City Park and Parking Lot Park West "Cl" Intensive Commercial Commercial, Professional Office and Vacant Commercial and Mixed Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for commercial and mixed commercial uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the adopted Future Land Use Plan and the Central Business Area Development Plan. Map No.: 045044 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located along the west side of Shoreline Boulevard between Kinney Street and Born Street. Shoreline Boulevard is designated as an "A2" Secondary Arterial Undivided, with a maximum desirable average daily trip of 20,000 to 32,000. Water Street and Kinney Street are designated as "01" Minor Residential Collectors streets, with a maximum desirable average daily trip of 1,000 to 3,000. Born Street is a local street with a maximum desirable average daily trip of 500. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2014) Shoreline Boulevard "A2" Secondary Arterial Undivided 100' ROW 54' Paved 55' ROW 40' Paved 21,692 Water Street "01" Minor60' Residential40' Collector ROW Paved 95' ROW 60' Paved N/A Kinney Street "01" Minor ResidentialN/A Collector 60' ROW 40' Paved 60' ROW 40' Paved Born Street Local 50' ROW 28' Paved 60' ROW 40' Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District to allow for reduced setbacks more conducive with an urban design for a five -story hotel. Development Plan: The property for the requested rezoning is within one block of Corpus Christi's Bayfront on Shoreline Boulevard, the city's premier gateway into the downtown area. The applicant is proposing a five -story, urban -designed hotel on approximately one acre of land. The proposed hotel would be designed and located in close proximity to the property line on Shoreline Boulevard to maximize hotel patron access to approximately 20 acres of City park land and a 12 -acre public beach, both across Shoreline Boulevard from the subject property. Existing Land Uses & Zoning: The property to be developed is vacant with the western half fronting on Water Street being zoned "Cl" Intensive Commercial and the eastern half fronting on Shoreline Boulevard being zoned "CR -1" Resort Commercial. North of the subject property is the City's pump station zoned "CR -1" Resort Commercial District. East of the property is City -owned park land and a parking lot zoned "CR -1" Resort Commercial. South of the property is vacant land zoned "Cl" Intensive Commercial. West of the property is vacant land and commercial property zoned "Cl" Intensive Commercial. All of the properties fronting Shoreline Boulevard, north to Resaca Street and south to Furman Street, are zoned "CR -1" Resort Commercial District, with exception of the "Cl" Intensive Commercial zoning on the property due south of the subject property. The property due south was rezoned in 2013 for "Cl" Intensive Commercial to reduce the setbacks for a development proposal to build an apartment complex. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Planning Commission Final Report Page 3 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 "Cl" Intensive Commercial District is consistent with the Central Business Development Plan and the adopted Future Land Use Plan's designation of the property as commercial and mixed commercial. Plat Status: The subject property is comprised of three platted lots, for which the applicant received Final Plat approval May 6, 2015, by the Planning Commission to combine the three lots into one contiguous lot for development of a hotel. The applicant is awaiting a decision on the zoning case, which if approved would reduce the setbacks shown on the plat, before moving ahead with recording the approved Final Plat. Department Comments: • The "CR -1" District that encompasses North and South Shoreline Boulevard requires a 20 -foot front yard setback. By rezoning the subject property to the "Cl" Intensive Commercial District, the minimum front yard setback along South Shoreline Boulevard would be reduced to a width of zero feet. • An improved City park area is planned directly across the street from the subject property. • Plan Goals and Objectives and numerous Policy Statements within the Central Area Business Area Development Plan (LU 1.2, UD 1, UD 1.3, UD 1.5, UD 1.6 5) focus on the overarching need to promote urban design and tourist -related uses in the central business district, including locating parking behind all uses for new development and establishing a use of storefront awnings and landscaping along arterials. • Prior to the adoption of the UDC, the former Zoning Ordinance specifically prohibited automobile parking lots and accessory off-street parking spaces from being located in the required 20 -foot front yard setback in the "CR -1" Resort Commercial District. The new UDC did not include this restriction. The lack of this restriction significantly impacts the planned aesthetics of Shoreline Boulevard. • The development of the proposed multi -story hotel will depart from the long standing requirement of a minimum 20 -foot wide lushly landscaped setback along Shoreline Boulevard to a zero setback with no landscaping, and instead a five -story building facade constructed at the property line. • Allowing development with no front yard setback would be mostly inconsistent with the other developed properties along the boulevard, with exception to the property due south which has a "Cl" Intensive Commercial zoning district. • If the property is rezoned to the "Cl" Intensive Commercial District and a zero setback utilized, there would not be any requirements for a street yard or landscaping along South Shoreline Boulevard. If a front yard setback is utilized, landscaping would be provided along South Shoreline Boulevard, Born Street, and Water Street. • The plat of the property shows a 20 -foot yard requirement (building line) and a 15 - foot Utility Easement along South Shoreline Boulevard. The setbacks and utility easement shown on the approved plat could be changed before the plat is recorded, if the zoning received approval. • The proposed rezoning meeting the UDC's review criteria for approval of the rezoning: Planning Commission Final Report Page 4 1. The rezoning is consistent with the Comprehensive Plan. 2. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. 3. The property being rezoned is suited for the uses permitted by the requested district, "Cl" Intensive Commercial District. 4. The rezoning does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 4 outside notification area As of May 29, 2015: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0515-05 Bayfront Medical Plaza, L.P\Council Documents\Report for CC_0515-05 Bayfront Medical Plaza, L.P.docx PERS;4� �EYr, 7 N 6� ,15 14 13 81 ,11 1 0 IT CZ n W / SUBJECT PROPERTY BROADWAY"CT Date Created: 5/7/2015 Prepared By: jeremym Department of Development Services CASE: 0515-05 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY ilk City of Corpus Christi AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 9, 2015 Action Item for the City Council Meeting of June 16, 2015 DATE: TO: June 9, 2015 Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources ya s m i n ec@ cctexa s. co m (361) 826-3878 Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Third -Party Administrator, Stop Loss Insurance and Self -Insured Employee Health Benefits CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self- funded employee health plan in accordance with Request for Proposal Event Number 41. PURPOSE: Approval to negotiate and execute a contract with the recommended third -party administrator, stop loss insurance and self-insured employee health benefits provider and a pharmacy benefit management provider. BACKGROUND AND FINDINGS: In January 2015, The City's Human Resources Department began the process of creating a Request for Proposal (RFP) for third -party administrator, stop loss insurance and self-insured employee health benefits. With the assistance of the City's benefit consultant, HUB International Insurance Services, and the Senior Buyer of the City's Purchasing Department, the RFP was advertised and issued on April 3, 2015. A team consisting of representatives from Human Resources, the ACM for General Government & Operations Support, Budget, the Police Officers Association, the Fire Fighters Association, and Procurement was formed to review and evaluate the proposals. The team evaluated eight proposals based on the following criteria and weighting scale: Technical Solution, Proposer's Profile & Qualifications, Local Presence, Fees and Exceptions. General Questionnaire (Technical Solution) Minimum Qualifications & General Information (Proposer's Profile and Qualifications) Local Presence Fees Exceptions Total 20% 10% 5% 60% 5% 100% The team held evaluation meetings on May 15th and May 21st and selected four finalists to make presentations on May 27th. Best and final offers were received on May 29th. Two approaches for award were considered, a bundled service for both medical and prescription drug services from the same provider and a stand-alone pharmacy benefit manager (unbundled service). During the review process, it was determined that the "unbundled service" option offers the greatest cost savings to the City. In the scoring process, consideration was given to the provider networks as well as the ability for vendors to administer the City's benefit plans that are currently offered to the general employee population and the Collective Bargaining Units. The team also reviewed the City employee's utilization patterns of network providers and long-term tools and strategies to help the City manage long-term costs. The term of the contracts will be for three years, commencing on October 1, 2015, with an option to extend for up to two additional one-year periods subject to the approval of the Contractor and the City Manager or designee. The total estimated cost for the initial year of the three-year contract with UnitedHealthcare and Express Scripts is $23,365,032.24, the breakdown is as follows: United Healthcare Estimated administrative cost $2,677,013.52 Estimated medical claims cost $14,290,257.30 Subtotal $16,967,270.82 Express Scripts Estimated administrative cost $52,209.90 Estimated pharmacy claims cost $6,345,551.52 Subtotal $6,397,761.42 Total $23,365,032.24 This service will be used by the Human Resources Department to provide health care coverage, dental coverage, pharmacy coverage and stop -loss insurance to eligible active employees, retirees, survivors and their spouses, and dependents. The team recommends the awards to UnitedHealthcare and Express Scripts, Inc., and this decision is fully supported by the leadership of both the Fire and Police City labor groups. A service agreement will be executed contingent to City Manager and Contractor negotiating a final agreement. ALTERNATIVES: See summary matrix. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement and is in alignment with current collective bargaining agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Human Resources, Finance, Management & Budget, 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): N/A Current Annual (FY15) Proposed Annual (FY16) Life of Contract $23,564,149 $23,365,032 $70,095,096.75 Comments: Funding is not required for FY2014-2015. The amount of the contract is budgeted in the current budget and will be contemplated in future budgets. Please note that the three-year total contract cost of $70,095,096.75 is an estimated amount based on medical, dental and pharmacy utilization. Fluctuation in utilization may alter the total cost. RECOMMENDATION: Staff recommends authorization to negotiate contracts with United Health Care and Express Scripts. LIST OF SUPPORTING DOCUMENTS: Presentation Matrix Resolution Resolution Authorizing the City Manager or designee to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop -loss insurance coverage in accordance with Request for Proposal Event Number 41; and authorizing the City Manager or his designee to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41 Whereas, with the assistance of the City's benefit consultant, HUB International Insurance Services, and the Senior Buyer of the City's Purchasing Department, the Request for Proposal (RFP) for third -party administrator, stop loss insurance and self-insured employee health benefits was advertised and issued on April 3, 2015; Whereas, a team consisting of representatives from Human Resources, the ACM for General Government & Operations Support, Budget, the Police Officers Association, the Fire Fighters Association, and Procurement reviewed and evaluated the proposals. The team recommends the awards to UnitedHealthcare and Express Scripts, Inc., and is supported by the leadership of all City labor groups; Whereas, the term of the contracts will be for three years, commencing on October 1, 2015, with an option to extend for up to two additional one-year periods subject to the approval of the Contractor and the City Manager or designee. The total estimated cost for the initial year of the three-year contract with UnitedHealthcare and Express Scripts is $23,365,032.24. Whereas, this service will be used by the Human Resources Department to provide health care coverage, dental coverage, pharmacy coverage and stop -loss insurance to eligible active employees, retirees, survivors and their spouses and dependents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to negotiate and execute a contract with UnitedHealthcare, Houston, Texas, for the provision of third -party administration of the City of Corpus Christi's self-funded employee health and dental plans, for providing and administering a provider network, and for the provision of stop- loss insurance coverage in accordance with Request for Proposal Event Number 41. SECTION 2. The City Manager or designee is authorized to negotiate and execute a contract with Express Scripts, Inc., Saint Louis, Missouri for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self-funded employee health plan in accordance with Request for Proposal Event Number 41. 1 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 2 Criteria Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Weight 20% 10% 5% 60% 5% Total Score Pharmacy—Administrative Services Cost (YR. 1) Medical —Administrative Services Cost (YR. 1) Pharmacy—Claims Cost (YR. 1 Adjusted) Medical — Claims Cost (YR. 1 Adjusted) Gross Paid —Year 1 (Admin., Rx & Medical) Difference in Cost Percentage Difference Cost Savings selecting UHC over Current Provider 100% United Healthcare BlueCross BSTX Humana Ranking -1 Ranking -2 Ranking -3 18.00 16.06 16.30 10.00 10.00 10.00 5.00 5.00 5.00 59.59 59.72 58.62 5.00 5.00 5.00 TML —UMR Ranking -4 17.00 8.00 60.00 5.00 IN -NETWORK OUT OF NETWORK 97.59 52,209.90 2,677,013.52 6,345,551.52 14,290,257.30 23,365,032.24 0 0.0% $ 410,135.82 95.78 $ 52,209.90 $ 2,687,057.52 $ 6,345,551.52 $ 14,233,659.30 $ 23,318,478.24 $ (46,554) -0.20% 94.92 $ 52,209.90 $ 2,885,795.64 $ 6,345,551.52 $ 14,491,611.00 $ 23,775,168.06 $ 410,135.82 1.76% 90.00 $ 52,209.90 $ 2,492,993.40 $ 6,345,551.52 $ 14,290,257.30 $ 23,181,012.12 $ (184,020.12) -0.79% United Healthcare 965 37 BlueCross BSTX 932 70 Humana 858 144 TML- UMR 965 37 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 14, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: June 5, 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; CCPMC Floor Amendments to Sections 101.5, 104.3, 106.3, 107.2, 107.3, and 404.5; 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 FinalDraftvACM.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. Ordinance — Adopting CCPMC — 2015.pdf Floor Amendments to CCPMC — for Council Adoption 6-16-15 City of Corpus Christi / ICC Licensing Agreement Comparison Table — Proposed CCPMC & Existing Southern Standard Housing Code Letter of Support from the Downtown Management District 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 Floor Amendments to Ordinance to adopt the Corpus Christi Property Maintenance Code; The following sections will be added to the Ordinance to adopt the Corpus Christi Property Maintenance Code: SECTION 12: Section 101.5 shall be added to the Corpus Christi Property Maintenance Code to read as follows: 101.5 Non-discrimination. A Code Enforcement initiated action shall not be based on an owner's or occupant's race, color, sex, religion, age, disability, or national origin. SECTION 13: Section 104.3 of the Corpus Christi Property Maintenance Code shall read as follows: 104.3 Right of entry. (a) Where it is necessary to make an inspection to enforce the provisions of this Property Maintenance Code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this Property Maintenance Code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this Property Maintenance Code, subject to legal restrictions. providcd that if If such structure or premises is occupied the code official shall present credentials to the owner, agent occupant or person in charge of the property and request entry. (b) In cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, no request is necessary. (c) If a building, premises or property is unoccupied, vacant or otherwise uninhabited by humans, but which is otherwise open and may be entered by derelicts, vagrants or children, the code official shall have the same power of inspection as aforementioned, including the right of inspections without requesting permission of the owner or other person in charge, and if found to be in violation of this Property Maintenance Code, may placard it so as to prevent any occupancy of the building, premises or property for human use or habitation, or any other use. (d) If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. SECTION 14: Section 106.3 of the Corpus Christi Property Maintenance Code shall read as follows: 106.3 Prosecution of violation. (a) Any - Property Maintenance Code or 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. (b) If the provisions of this Property Maintenance Code are violated or there is failure to comply therewith, or if the notice of violation is not complied with, the code official may institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Property Maintenance Code or of the order or direction made under this Property Maintenance Code. SECTION 15: Sections 107.2 & §107.3 of the Corpus Christi Property Maintenance Code shall read as follows: 107.2 Form. Whenever any violation of this Code, generally or specifically defined in this Code, shall exist within the city, the code officer shall notify, in writing, the owner or occupant of the premises whereon such violation exists, and order such owner or occupant to abate or remedy the violation described in such notice, within such time as may be specified within the order. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a legal description of the real property sufficient for identification. This does not require a legal description. 3. Include a statement of the violation or violations and why notice is being issued. 4. Include a correction order allowing a reasonable amount of time to make the repaires and improvements required to bring the premises into compliance with provisions of this code. 5. Inform property owner of the name and phone number of the code official or designee. Commentary: For Form of Notice refer to City Code §13 20 et seq. 107.3 Method of service. Such notice shall be deemed to be properly delivered if a copy thereof is: 1. Delivered Personally; 2. Sent by first class mail, to the owner of record at his address as it appears on the Nueces County Appraisal District records; or 3. Posted in a conspicuous place in or about the structure. When a notice is mailed in accordance with this section to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. Commentary: For Method of Service refer to City Code §13 20 et seq. SECTION 16: Section 404.5 of the Corpus Christi Property Maintenance Code shall read as follows: 404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants. The max floor arca allowancc per occupant in a rcsidcntial use is 200 sf per occupant. The maximum occupancy level of a residential dwelling is one (1) occupant per one -hundred fifty (150) square feet of habitable floor area. 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 CORPUS CHRISTI o= o DOWNTOWN MANAGEMENTDISTRIC1 May 19, 2015 The Honorable Nelda Martinez Mayor City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Dear Mayor: I am writing to provide written support for the adoption of the Corpus Christi Property Maintenance Code. The Corpus Christi Downtown Management District (DMD), established in 1993, is a professional Downtown management district representing property owners and stakeholders within the area bounded by Kinney Street to 1-37, and Lower Broadway to the Corpus Christi Marina L and T -Heads. Our mission is to create a successful, vibrant bayfront/seaside Downtown District and positively impact the greater Downtown. The existing code hasn't been updated since 1973 and doesn't reflect the current needs and challenges our community faces as we work to make it a vibrant, safe and decent place to live and work. We believe the new code will help improve our City and support it for the following reasons: • The proposed ordinance adopts the 2009 International Property Maintenance Code standards which are based upon best practices. • The new code will integrate with the other City codes which are also based upon the 2009 standards enabling for better coordination among agencies and permit the Code Enforcement Division to more efficiently enforce code in a uniform fashion. We believe adopting the new Corpus Christi Property Maintenance Code benefits the City by creating a better, more efficient Code Enforcement Division and will lead to safer buildings and less blight. For these reasons, we urge the City Council to approve the new code. Sincerely, Terry Sweeney Executive Director Corpus Christi Downtown Management District 223 N. Chaparral St., Suite A Corpus Christi, Tc 78401 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 12, 2015 Second Reading Ordinance for the City Council Meeting of June 16, 2015 DATE: TO: June 3, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities q ustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieq@cctexas.com (361) 826-3729 J. H. Edmonds, P.E., Director of Capital Programs ieffreye@cctexas.com (361) 826-3851 Jerry Shoemaker, P.E., Senior Program Manager Jerrys2©cctexas.com (361) 826-3516 Capital Programs Debarment Ordinance CAPTION: Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. PURPOSE: The purpose of this Agenda Item is to amend the Code of Ordinances to add Chapter 41, Public Works, and certain provisions designed to protect the City's interest in awarding Public Works, to ensure proper and effective administration of the public works contracts, to codify certain processes performed by the City in the normal course of business, and to ensure that the City deals only with contractors who are responsible in fulfilling their legal and contractual obligations. BACKGROUND AND FINDINGS: This ordinance adds a new chapter titled "Public Works" to Chapter 41 of the Code of Ordinances. The chapter layout is as follows: CHAPTER 41 PUBLIC WORKS Article I. In General. Article II. Procurement of Public Works Contracts. Article III. Reserved. Article IV. Contractor Debarment Article V. Reserved. • Article I is reserved for general public works provisions. • Article II related to procurement of public works contracts, and includes provisions relating to the City's right to reject all bids, provides for the City Council's delegation of authority to reject any and all bids or proposals in certain circumstances; and codifies certain processes related to determinations of bid responsiveness and bidder responsibility that are performed in the normal course of business. • Article III is reserved • Article IV relates to debarment of a contractor for a fixed period of time, with provisions that provide the contractor with due process. Regarding debarment, the City spends millions of dollars on public works contracts. Section 252.043 of the Local Government Code requires the City to award contracts to the lowest responsible bidder without any guidelines on what constitutes a "responsible" bidder. Debarment is a process whereby the City can deem a contractor "not responsible" based on the contractor's past performance. This process will help protect the City's interests and taxpayer money from being awarded to contractors who have a history of not fulfilling their contractual obligations, safety issues or ethical violations. Debarment helps to ensure that the City deals only with contractors who are responsible in fulfilling their legal and contractual obligations to prevent waste of public funds. ALTERNATIVES: 1. Authorize amending the Code of Ordinances. 2. Do not authorize amending the Code of Ordinances. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria and the City's Code of Ordinances. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal Department 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): RECOMMENDATION: City staff recommends amending the Code of Ordinances by adding 41, Public Works to provide for policies related to procurement of construction services for Public Works projects; authorizing the City Manager or designee to make and implement rules necessary to carry out the stated goals; providing for severance; providing for penalty; providing for an effective date; and providing for publication. LIST OF SUPPORTING DOCUMENTS: Ordinance Debarment Flowchart Debarment Procedures Debarment — Frequently Asked Questions Ordinance amending the Code of Ordinances by adding Chapter 41 titled "Public Works"; adding provisions related to contractor debarment; adding provisions related to the effective administration of the procurement of public works contracts; providing for severance; and providing for an effective date. WHEREAS, relating to public works in general, this ordinance adds a new chapter titled "Public Works" to Chapter 41 (reserved) of the Code of Ordinances and reserves a number of articles and sections in Chapter 41 for adding provisions related to public works in the future. WH EREAS, relating to the authority to reject any and all bids, (a) Article X Sec. 2(c) of the City's Charter provides that "[t]he City shall always have the right to reject any and all bids or proposals;" and (b) Section 252.043(f) of the Local Government Code provides that the "governing body may reject any and all bids;" WHEREAS, relating to the City's right to reject any and all bids, and to ensure proper and effective administration of the procurement process for public works contracts, this ordinance provides for the City Council's delegation of authority to reject any and all bids or proposals in certain circumstances;" WH EREAS, relating to the requirement to award certain contracts to the lowest responsible bidder, the Texas Local Government Code states, in pertinent parts, (a) that "if the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder," Tex. Loc. Gov't Code § 252.043(a); (b) that "[e]xcept as provided by Subsection (d-1), the contract must be awarded to the lowest responsible bidder if the competitive sealed bidding requirement applies to the contract for construction of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or (2) buildings or structures that are incidental to projects that are primarily civil engineering construction projects," Tex. Loc. Gov't Code § 252.043(d); and (c) that "[i]f the competitive sealed bidding requirement applies to the contract for construction of a facility, as that term is defined by Section 2269.001, Government Code, the contract must be awarded to the lowest responsible bidder or awarded under the method described by Chapter 2269, Government Code," Tex. Loc. Gov't Code § 252.043(e); WHEREAS, the City Council recognizes that the City must invest large amounts of money in public works and critical infrastructure projects; WHEREAS, it is the policy of the City Council that the City solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only; WHEREAS, relating to award to the lowest responsible bidder, this ordinance codifies certain processes related to determinations of bid responsiveness and bidder responsibility that are performed in the normal course of business; @BCL@0006F9FB 1 of 13 Pages WHEREAS, relating to award to the lowest responsible bidder and debarring a contractor for a fixed period of time, Chapter 41, Article IV, titled "Contractor Debarment" provides policies, procedures, and processes for contractor debarment; WHEREAS, debarment is a discretionary action that, taken in accordance with this ordinance, is an appropriate means to effectuate this policy, with no further action by City Council required or necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new Chapter titled "Public Works" as follows: "CHAPTER 41 PUBLIC WORKS Article I. In General. Secs. 41-1-41-20. Reserved. Article II. Procurement of Public Works Contracts. Sec. 41-21. Definitions. Assistant City Manager means the Assistant City Manager for Public Works and Utilities. Bid means an offer to contract in response to a solicitation or invitation for bids, and includes a proposal or any other response to a solicitation, procurement or request for proposals. City means the City of Corpus Christi, and, depending on its context, may refer to the City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any person (individual or corporate) or other legal entity that: (1) directly or indirectly (e.g., through an affiliate) submits bids or offers for or is awarded, or reasonably may be expected to submit bids or offers for or be awarded, a City contract, including a subcontract under a City contract; or (2) conducts business, or reasonably may be expected to conduct business, with the City as an agent or representative of another contractor. @BCL@0006F9FB 2 of 13 Pages Department means the Department of Engineering Services or other city department responsible for administering the City's public works programs, projects and contracts. Director means the Director of Engineering Services, the City Engineer or the director or head of a city department responsible for administering the City's public works programs, projects and contracts. Executive Director means the Executive Director for Public Works. Offer means an offer to contract and includes a bid, a proposal or any other response to a solicitation, procurement, bid invitation or request for proposals. Public works contract means any city contract for the construction of public works, facilities or other improvements to real property. The term includes contracts procured under Chapter 252 of the Texas Local Government Code and, where applicable, Chapter 2269 of the Texas Government Code. The term does not include contracts for professional services that are exempt from bidding under the Texas Professional Services Procurement Act, Chapter 2254 of the Texas Government Code. Responsible bidder means a bidder that is able to perform the quality and quantity of work required and that is trustworthy. Responsive bid means a bid the form and content of which meets the requirements of the bidding documents. Sec. 41-22. Reserved. Sec. 41-23. Rejection of bids. (a) City Council delegates to the Director authority on its behalf to reject any or all bids pursuant to section 252.043 of the Texas Local Government Code under the following circumstances: (1) All bids received exceed the estimated costs, and the Director determines that the bids appear to be excessive. (2) The Director determines that the project is no longer required. (3) The Director determines that the City's design or specifications for the project or bid should be revised and new bids should be taken. (4) The irrevocable period on the low bid has expired without the bid being awarded, and the bidder has failed or refused to extend the time. (5) The bids received are few in number, and the Director determines that a rebid may result in more competition. (6) The bids received indicate that the bid solicitation documents may have been unclear or misunderstood by the bidders and that a rebid is in the best interest of the City. (7) The Director finds evidence of possible collusion among the bidders. @BCL@0006F9FB 3 of 13 Pages (8) The Director finds other extenuating circumstances and, for purposes of facilitating full and fair open competition, the Director determines that the project should be rebid. (b) The delegation created in this subsection is nonexclusive, and nothing herein may be construed to preclude the City Council from rejecting any or all bids received for any project or public works contract. Sec. 41-24. Responsiveness. (a) Upon receipt of bids, the Department reviews each bid to determine whether the bid is a responsive bid. (b) The Director has the right to waive irregularities. (c) Nonresponsive bids are not considered for award. Sec. 41-25. Responsibility. (a) Of the responsive bids, the Department performs a review of the responsibilities of the apparent lowest bidder to determine whether the lowest bidder is a responsible bidder. (b) In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. (c) If review of the lowest bidder's responsibilities indicates that the lowest bidder is not a responsible bidder, the Department performs a review of the responsibilities of the second lowest bidder. If a review of the second lowest bidder's responsibilities indicates that the second lowest bidder is not a responsible bidder, the Department performs a review of the responsibilities of the third lowest bidder. This process continues until all responsive bids are considered, unless a decision is made to reject all bids. (d) The Director proposes award to the lowest responsible bidder that submitted a responsive bid. (e) If the Director is considering proposing award to a bidder that is not the lowest bidder, before scheduling at an upcoming meeting of the City Council an agenda item proposing award, each lower bidder is given notice: (1) that the proposal for award of the contract to a bidder that is not the lowest bidder is being considered and the reasons why; (2) that there will be an opportunity, within ten business days' receipt of the notice, to submit to the Department written evidence of the bidder's responsibility; and @BCL@0006F9FB 4 of 13 Pages (3) that after a review of any written evidence received within the ten business days' time, if the decision is to propose award to a bidder that is not the lowest bidder, each lower bidder is given notice: (i) of the proposed award; (ii) of the date, time and location of the open meeting in which the proposed award will first be presented to City Council; and (iii) of the opportunity to appear before City Council and present evidence of the bidder's responsibility. Nothing in this article may be construed as depriving the Director of the right to reject any bid made by a bidder at any time prior to the actual awarding of a contract, where there have been developments subsequent to the qualification and classification of any such bidder which, in the opinion of City Council, would affect the responsibility of such bidder. Secs. 41-26-41-39. Reserved. Article III. Reserved. Secs. 41-40-41-99. Reserved. Article IV. Contractor Debarment Sec. 41-100. Definitions. As used in this article: Affiliates means business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly, (1) either one controls or has the power to control the other, or (2) a third party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred. Bid means an offer to contract in response to a solicitation or invitation for bids and includes a proposal or any other response to a solicitation, procurement or request for proposals. City means the City of Corpus Christi and, depending on its context, may refer to the City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. @BCL@0006F9FB 5 of 13 Pages Contractor means any person (individual or corporate) or other legal entity that: (1) directly or indirectly (e.g., through an affiliate), submits bids or offers for or is awarded, or reasonably may be expected to submit bids or offers for or be awarded, a City contract, including a subcontract under a City contract; or (2) conducts business, or reasonably may be expected to conduct business, with the City as an agent or representative of another contractor. Department means the Department of Engineering Services or other city department responsible for administering the City's public works programs, projects, and contracts. Director means the Director of Engineering Services, the City Engineer, or the director or head of a city department responsible for administering the City's public works programs, projects and contracts. Offer means an offer to contract, and includes a bid, a proposal, or any other response to a solicitation, procurement, bid invitation or request for proposals. Responsible bidder means a bidder that is able to perform the quality and quantity of work required and that is trustworthy. Sec. 41-101. Scope and effect of article. (a) This article neither creates nor grants a contractor the right to be debarred under the procedures of this article in order to be deemed a nonresponsible bidder ineligible for award of a contract. (b) This article does not limit the ability or affect the right of the City Manager or designee or Director to make decisions regarding a contractor's responsibilities and to determine whether a contractor is responsible or capable of performing work under a public works contract. Sec. 41-102. Reserved. Sec. 41-103. Applicability. (a) This article does not apply to a contract for professional services, as that term is defined by Section 2254.002, Government Code, as amended. (b) Any debarment initiated under this article is recognized by and effective for any city procurement. Sec. 41-104. Policy. (a) The City will solicit offers from, award contracts to and consent to subcontracts with responsible contractors only. (b) Debarment is a discretionary action that, taken in accordance with this article, is an appropriate means to effectuate this policy. @BCL@0006F9FB 6 of 13 Pages (c) The serious nature of debarment requires that it be imposed only in the public interest for the City's protection and not for purposes of punishment. (d) The City imposes debarment to protect the City's interest and only in accordance with the procedures set forth in this article. (e) The City Manager or designee is authorized to establish appropriate methods and procedures to coordinate debarment actions and to implement this article in general, in accordance with city policy and state law, with no further action by City Council required or necessary. Sec. 41-105. Debarment. (a) The Director may, in the public interest, debar a contractor for any of the causes in Section 41-106. (b) The existence of a cause for debarment does not necessarily require debarment. The seriousness of the contractor's acts or omissions and any remedial measures or mitigating factors should be considered in making any debarment decision. (c) Debarment constitutes debarment of all divisions or other organizational elements of the contractor. The Director may extend the debarment decision to include any affiliates of the contractor if they are: (1) specifically named; and (2) given written notice of the proposed debarment and an opportunity to respond. (d) A contractor's debarment will be effective throughout the City and apply to any city contracts, including contracts procured or administered by other city departments. Sec. 41-106. Causes for debarment. (a) The Director may debar a contractor for a conviction, plea of guilty or nolo contendere to, civil judgment for, or public admission to: (1) fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract; (2) a crime or offense related to business of the contractor, or affecting the responsibility of the contractor; or (3) any offense indicating a lack of business integrity or business honesty that seriously and directly affects present responsibility. (b) The Director may debar a contractor, based upon a preponderance of the evidence, for any of the following: @BCL@0006F9FB 7 of 13 Pages (1) Any serious, significant or material breach of a contract, including and without limitation, wrongfully and without good cause: (i) failing to complete a contract or abandoning work; (ii) failing to promptly correct defective or substandard work discovered within the contract period or before the end of the warranty period; (iii) failing to perform work in accordance with the terms of the contract; (iv) a history of failing to perform in a good and workmanlike manner, or of unsatisfactory performance; (v) failing to comply with state, federal or local laws or regulations applicable to the work or to public works in general; (vi) failing to comply with state, federal or local laws or regulations or applicable city policies and procedures concerning payment of a contractor in the performance of a contract; (vii) failing to pay its employees as required by law or otherwise engaging in theft of services; or (viii) failing to complete the work on any public works contract within the time allowed. (2) Knowing failure to timely disclose to the City evidence of overpayment on a city contract in connection with the award, performance or closeout of the contract. (3) Any other cause so serious or compelling that it affects the present responsibility of the contractor. (c) The Director may debar a contractor for any of the following: (1) Filing a lawsuit or asserting any claim or allegation against the City within the 10 - year period preceding the referral for debarment, if the City Attorney reasonably determines that one or more causes of action, claims, or allegations, or one or more material elements or parts of any cause of action, claim or allegation was wholly unsubstantiated and unsupported by the evidence, or filed, asserted, or alleged in bad faith or for an improper purpose. (2) Submitting repetitive claims against the City within the 10 -year period preceding referral for debarment, if the City Attorney reasonably determines that one or more claims, or one or more material elements or parts thereof was wholly unsubstantiated and unsupported by the evidence, made in bad faith, completely without merit, had no @BCL@0006F9FB 8 of 13 Pages basis in the facts known to both parties, or was submitted by the contractor without proper proofs and justifications, for an improper purpose, or in order to harass the City or delay a city project. Nothing in this paragraph may be construed to prohibit a contractor from submitting a claim in good faith and with accurate, detailed, and complete proof, justifications, and supporting data. (3) Serious or repetitive safety issues, which may be evidenced by violations of the Occupational Safety and Health Act (OSHA) and Standards, worker's compensation claims, personal injury lawsuits, or the safety record of any entity; (4) Indebtedness to the City. (5) Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding the contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. (6) Any other conduct that evidences the inability of the contractor to responsibly complete public works contracts on behalf of the City. Sec. 41-107. Procedures. (a) Investigation and referral. The Department will establish procedures for the prompt reporting, investigation and referral for debarment of matters appropriate for consideration of debarment. (b) Decision-making process. (1) The Department may establish procedures governing the debarment decision- making process that are as informal as is practicable, consistent with principles of fundamental fairness. (2) Procedures will afford the contractor (and any specifically named affiliates) an opportunity to submit, in writing, information and argument in opposition to the proposed debarment, to include submittal of any documentary evidence. (3) In actions not based upon a conviction or civil judgment, if the contractor's submission in opposition raises a genuine dispute over facts material to the proposed debarment, the City may request additional information of the contractor and will also afford the contractor an opportunity to meet with the City, with or without counsel, argue the merits of their case, present any witnesses, and question any witnesses the City presents. (c) Notice of proposal to debar. A notice of proposed debarment will be issued advising the contractor and any specifically named affiliates that debarment is being considered, the reasons or causes, stated in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which it is based; and that, within 20 days after receipt of the notice, the @BCL@0006F9FB 9 of 13 Pages contractor may submit, in writing, in person or through a representative, information and argument in opposition to the proposed debarment, including any specific information that raises a genuine dispute over the material facts. (d) Independent review. Unless based upon a conviction or civil judgment, the Director will refer matters involving disputed material facts to an independent third party or consultant for findings of fact. The Director may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. (e) Standard of proof. Unless based upon a conviction or civil judgment, the cause for debarment will be established by a preponderance of the evidence. (f) Notice of debarment decision. If the decision is to impose debarment, the contractor and any affiliates involved will be given prompt notice. Sec. 41-108. Period of debarment. Debarment will be for a period commensurate with the seriousness of the reason(s) or cause(s) for debarment not to exceed 5 years. The Director may reduce the period or extent of debarment, upon the contractor's written request, supported by documentation, for reasons such as: (1) newly discovered material evidence; (2) reversal of the conviction or civil judgment upon which the debarment was based; (3) bona fide change in ownership or management; (4) elimination of other causes for which the debarment was imposed; or (5) other reasons the Director deems appropriate. Sec. 41-109. Scope of debarment. (a) The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of the benefits derived from the conduct will be evidence of such knowledge, approval, or acquiescence. (b) The fraudulent, criminal, or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the contractor who participated in, knew of, or had reason to know of the contractor's conduct. (c) The fraudulent, criminal, or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement, or with the @BCL@0006F9FB 10 of 13 Pages knowledge, approval, or acquiescence of these contractors. Acceptance of the benefits derived from the conduct will be evidence of such knowledge, approval, or acquiescence. Sec. 41-110. Effect of determination of debarment. (a) A determination that a contractor is debarred in accordance with this article constitutes a determination under Section 252.043 of the Texas Local Government Code that the contractor is not responsible and operates as the City's rejection of any bid submitted by the contractor during the debarment period. (b) Debarred contractors are excluded from a. receiving city contracts; b. conducting business with the City as agents or representatives of other contractors; c. acting as individual sureties; d. acting as subcontractors or suppliers; e. the City's consent to any activity in connection with any city contract or project including i. the performing of services or furnishing of materials for any contractor; ii. the participating in any bid as a subcontractor, supplier, or service provider; or iii. the providing of any bids, offers, quotations, or proposals to be included as part of any offer, quotation, proposal or bid. Sec. 41-111. Excluded Parties List. (a) The Department will operate an Excluded Parties List (EPL). (b) The EPL will include the: (1) names and addresses of all contractors debarred; and (2) termination date for each listing. (c) The City will not solicit offers from, award contracts to or consent to subcontracts with parties named on the list. Sec. 41-112. Continuation of current contracts. Notwithstanding the debarment, the City may continue contracts or subcontracts in existence at the time the contractor was debarred if the contractor is not in default of such contract; however, the City may not (1) issue delivery or task orders exceeding the guaranteed minimum, if any, under any indefinite quantity (IQ) contract, which includes any indefinite delivery/indefinite quantity (IDIQ) contract and any job order contract (JOC); or (2) add new work, exercise options, or otherwise extend the duration of current contracts or task or delivery orders. @BCL@0006F9FB 11 of 13 Pages Sec. 41-113. Bids proposing subcontract with debarred contractors. The City debars contractors to protect the City's interests. The City will not consent to the use of any subcontractor or a bid that proposes or anticipates a subcontract with any contractor that is debarred. Sec. 41-114. Reserved. Sec. 41-115. Appeal. Provided a contractor has exhausted all processes and procedures in this article, a contractor may appeal the decision of the Director to the Executive Director of Public Works, then to the City Manager or designee. Any decision to debar a contractor that is upheld by both the Executive Director of Public Works and the City Manager or designee may be subject to review by the City Council at the request of either the City Manager or City Council. Sec. 41-116. Remedies cumulative. The provisions of this article are cumulative of any other rights or remedies available to the City in connection with the award of any public works contracts to bypass bidders who are not responsible, regardless of whether they have been so declared hereunder. This right extends, but is not limited to, declining to award public works contracts to bidders that are affiliates of or have the same or substantially the same officers, owners, or managers, as debarred contractors. Secs. 41-117-41-130. Reserved. Article V. Reserved." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect immediately upon passage. @BCL@0006F9FB 12 of 13 Pages That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@0006F9FB Nelda Martinez Mayor 13 of 13 Pages City of Corpus Christi Debarment Process Standard Bid Award Process: The City will solicit offers from, award contracts to and consent to subcontracts with responsible contractors only. In the normal course of business on any procurement process, the City Manager or designee and the Director of Engineering Services are always authorized to determine the responsibility of a contractor that submits an apparent low bid. The criteria considered for a responsible bidder includes the contractor's capability, supervision, capacity, safety, ability to maintain project budget and project schedule, past and current performance, equipment and experience with the type of project. It is illegal for the City to award a contract to a non -responsible contractor. Debarment: Debarment is defined as being excluded from enjoying certain rights, privileges, or practices on authoritative orders. Debarment is a serious action imposed on the basis of a preponderance of the evidence when it has been determined that a contractor is not a responsible contractor and will likely not be a responsible contractor in the future. Debarment is a maximum of 5 years. The causes for Debarment are: • Fraud with Public Contract - Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract. • Business-related Crime - A conviction of, or plea of guilty or nolo contendere to, a civil judgment for, or a public admission to, a crime or offense related to business of the contractor or affecting the responsibility of the contractor. • Theft, Forgery or Tax Evasion - Commission of embezzlement, theft, forgery, bribery, collusion, falsification, perjury, destruction of records, making false statements, tax evasion, violating Federal Criminal Tax laws or receiving stolen property. • Lack of Business Integrity - Commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a contractor. • Ethics Violation — Failure to disclose to City violation of federal, state or local law involving fraud, conflict of interest, bribery, ethics or gratuity violation or failure to disclose overpayment on City contract. • Contract Violation - Violation of the terms of a contract so serious as to justify debarment. • Safety Violations — Serious or repetitive safety violations, which may be evidenced by violations of the OSHA Standards, worker's compensation claims, personal injury lawsuits or the safety record of any entity. • Indebtedness to the City. • Debarred by Other Entity - Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding a contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. • Unsubstantiated Lawsuit — Filing a lawsuit against the City if the City Attorney reasonably determines it is unsupported by the evidence or filed in bad faith or for an improper purpose. • Repetitive, Unsubstantiated Claims — Filing repetitive claims if the City Attorney reasonably determines the claim is unsupported by the evidence or made in bad faith or with intent to harass or delay a city project. • Other Compelling Reason - Any other cause of such a serious or compelling nature that it affects the present responsibility of a contractor. (No further action (Process Stopped (ntractor Debarred (Process Stopped Issues - Causes for Debarment: • Fraud with Public Contracts • Business-related Crime • Theft, Forgery, Tax Evasion, etc.. • Lack of Business Integrity • Contract Violation • Safety Violations • Indebtedness to the City • On TxDOT or Federal debarment list • Other Compelling Reason No No No Issue identified &l reported Issue researched ufficient lnfo to Consider debar? Due process hearing & investigation Debar Contractor CITY OF CORPUS CHRISTI DEBARMENT PROCESS Issue Screening Any reported issue will be screened for: • Veracity • Seriousness • Corroboration Due Process Investigation • Includes Director's initial investigation. • If warranted, Notice of Proposed Debarment issued. • Debarment is considered uncontested if Contractor fails to provide timely written response to Notice of Proposed Debarment. • Debarment Hearing provides opportunity for Contractor to provide more info. • Debarment does not take place until a final determination is made. • Appeals will delay effective date of debarment. • Debarment Period up to a maximum of 5 years. Progressive Levels of Appeal • Executive Director of Public Works • City Manager or his designee • City Council City of Corpus Christi Public Works Contracts Debarment Procedure DEBARMENT 1. Causes for Debarment. a. Fraud with Public Contract - Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract. b. Business-related Crime - A conviction of, or plea of guilty or nolo contendere to, a civil judgment for, or a public admission to, a crime or offense related to business of the contractor or affecting the responsibility of the contractor. c. Theft, Forgery or Tax Evasion - Commission of embezzlement, theft, forgery, bribery, collusion, falsification, perjury, destruction of records, making false statements, tax evasion, violating Federal Criminal Tax laws or receiving stolen property. d. Lack of Business Integrity - Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a contractor or subcontractor. e. Contract Violation - Violation of the terms of a contract so serious as to justify debarment such as: i. Willful failure to perform in accordance with the contract terms. ii. A history of failure to perform in a good and workmanlike manner or of unsatisfactory performance. iii. Failure to complete a contract or abandonment of the work. iv. Failure to promptly correct defective or substandard work discovered within the contract period or before the end of the warranty period. v. Failure to comply with state, federal or local laws or regulations applicable to the work or to public works in general. vi. Failure to comply with state, federal or local laws or regulations or applicable city policies and procedures concerning payment of a contractor in the performance of a contract. vii. Failure to pay its employees as required by law or otherwise engaging in theft of services. viii. Failure to complete the work on any public works contract within the time allowed. f. Safety Violation - Repetitive or extraordinary safety issues, which may be evidenced by violations of the OSHA Standards, worker's compensation claims, personal injury lawsuits or the safety record of any entity. g. Indebtedness to the City. 1 h. Debarred by Other Entity - Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding a contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. i. Unsubstantiated Lawsuit — Filing a lawsuit against the City if the City Attorney reasonably determines it is unsupported by evidence or filed in bad faith or for an improper purpose. j. Repetitive, Unsubstantiated Claims — Filing repetitive claims if the City Attorney reasonably determines the claim is unsupported by the evidence or made in bad faith or with intent to harass or delay a city project. k. Other Compelling Reason - Any other cause of such a serious or compelling nature that it affects the responsibility of a contractor. 2. Director of Engineering Services. a. The Director receives a written complaint regarding a contractor. b. The Director will review the information provided and gather additional information from City resources to determine whether adequate information exists to debar the Contractor. c. If the Director determines that adequate information exists to debar the Contractor, the Director will send a Notice of Proposed Debarment to the Contractor and any specifically named affiliates. 3. Notice of Proposed Debarment. a. The Notice of Proposed Debarment will be sent to the contractor. b. The Notice will include: i. A statement that debarment is being considered; ii. The reasons or causes for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which the proposed debarment is based; iii. Information regarding the contractor's right to submit in writing, within 20 days, information and argument in opposition to the proposed debarment. The information and argument may be done by the contractor or through a representative and should include any additional specific information that raises a genuine dispute over the material facts. The contractor's response must be concise and presented logically and factually. c. The contractor must respond in writing within 20 days or waives the right to object to the proposed debarment. If the contractor does not timely respond to the Notice of Proposed Debarment, a decision to debar the contractor will be without the contractor's objection and uncontested. d. Within 10 business days after receipt of any information and argument submitted by the contractor, the Director will make the decision to continue with the debarment process based on the information in the Debarment File. 2 e. In actions based upon a conviction or civil judgment, the Director will send a Notice of Debarment. f. In actions not based upon a conviction or civil judgment: i. If the Director decides not to debar the contractor, the Director will send a written notice to the contractor within 5 days of making the decision. ii. If the Director decides to continue with the debarment process, the Director will send a written Notice of Hearing to the contractor within 5 day of making the decision. 4. Debarment Hearing. a. The Notice of Debarment Hearing will include: i. The time, date and place for the contractor to meet with the City regarding the contractor's opposition to debarment. ii. A statement that the contractor may be represented by counsel and may present evidence and testimony to support the factual grounds for the contractor's opposition. iii. A statement that the contractor can request a copy of the City's evidence that supports debarment. iv. A copy of the notice will be sent to the operating department and legal department. b. The Debarment Hearing will be held within 30 days of the Director's decision to continue with the debarment process. c. The following individuals from the City may attend the hearing: i. Representatives from the operating department; ii. Engineering Services staff; iii. Legal Department staff; iv. Other appropriate City staff or consultants as determined by the Director. d. Conduct of Hearing: i. The contractor will have an opportunity to present its case, call any witnesses and question any witnesses presented by the City. ii. The Director will hear the case presented by the contractor and any rebuttal evidence presented by the City. iii. The Director will have the ability to question the contractor and any witnesses. iv. The Director will have the ability to stop testimony that is not relevant to the debarment. v. The weight to be attached to witness testimony and documents presented will be at the discretion of the Director. e. At the conclusion of the hearing, the Director will cause written findings of fact to be prepared by an independent third party or consultant. 3 5. Debarment Decision. a. The Director will make a decision within 15 business days after the date of the Debarment Hearing. b. The Director will send written notice to the contractor within 5 days of making the decision. c. If debarment is imposed, the Notice of Debarment will: i. State the time period for debarment, including the effective dates; ii. Include any written findings of fact specifying the reason(s) for debarment; iii. Notify the contractor of the ability to appeal the Director's decision by filing a Notice of Appeal with the Executive Director of Public Works within 10 days of receiving the Notice of Debarment. iv. Notify the contractor that, if they choose to appeal the Director's decision, within 30 days of receiving the Notice of Debarment, the contractor must submit, in writing, a clear and concise Statement of Appeal, detailing their objections to the debarment decision, specifically pointing out any of the particular findings and actions alleged to be in error. Such statement will include a brief and concise summary of all testimony of witnesses and exhibits presented at the debarment hearing. 6. Appeal to Executive Director of Public Works. a. The contractor may appeal the debarment decision to the Executive Director of Public Works (EDPW) by sending a written Notice of Appeal to the EDPW within 10 days of receiving the Notice of Debarment. b. The contractor must submit their Statement of Appeal within 30 days of receiving the Notice of Debarment. The Statement of Appeal must be clear and concise and detail the objections to the debarment decision, specifically pointing out the particular findings and actions alleged to be in error. c. The complete Debarment File will include: i. the City's Cause for Debarment Form; ii. all information gathered by the Director regarding the causes for debarment; iii. all information submitted by the Contractor; iv. the City's Notice of Hearing; v. all evidence presented at the debarment hearing; vi. the City's written Findings of Fact; vii. the City's Notice of Debarment; viii. the Contractor's written Notice of Appeal; and ix. the Contractor's Statement of Appeal. d. Within 30 days of receiving the complete Debarment File, the EDPW will decide whether to uphold the debarment or request additional information. e. If the EDPW determines from the Debarment File that facts have been presented that might justify reversal of the debarment decision, the EDPW will schedule a date for the City and the Contractor to submit additional written information. The decision of the Director will be 4 entitled to great deference and will be affirmed unless it is found to be clearly unreasonable or capricious. f. The EDPW will render a decision within fifteen (15) days of receiving additional written arguments. g. The contractor will be notified in writing of the EDPW's decision. If the decision to debar is upheld, the notification will include the ability of the contractor to appeal to the City Manager or designee by sending a written Notice of Appeal to the City within 10 days of receiving the EDPW's Decision. 7. Appeal to City Manager or designee. a. Within 30 days of receiving the Notice of Appeal, the City Manager or designee will review the Debarment File. b. The complete Debarment File will include: i. written complaint; ii. all information gathered by the Director regarding the causes for debarment; iii. all information submitted by the Contractor; iv. the City's Notice of Hearing; v. all evidence presented at the debarment hearing; vi. the written Findings of Fact; vii. the City's Notice of Debarment; viii. the Contractor's written Notice of Appeal; ix. the Contractor's Statement of Appeal; and x. any additional information. c. The contractor will be notified in writing of the City Manager or designee's decision. 8. Appeal to City Council. a. If requested by the City Manager or City Council, a decision to debar a contractor upheld by both Executive Director of Public Works and the City Manager. b. With reasonable promptness, after the full appeals process has been exhausted, the decision is to debar is upheld by the City Manager or designee, and notice that the decision has been upheld is provided to the contractor, either the City Manager or City Council may request City Council review by promptly scheduling such review on an agenda of an upcoming regular meeting of the City Council. c. Requests for City Council review should be scheduled within 30 days of the date of the letter to contractor providing notice that the City Manager or designee has upheld the decision to debar. d. Upon the date of posting the agenda for the meeting at which City Council will review the debarment decision, the contractor will be removed from the EPL. e. Immediately after City Council upholds the decision to debar, the contractor will be listed on the EPL. f. If the City Council overturns the decision to debar, the contractor's name will remain off of the EPL. 5 g. After City Council renders a decision, no notice to the contractor is required, no further communication is required. 6 DEBARMENT FAQs What is the purpose of being able to debar a contractor? The City would use the sanction of debarment as a tool to ensure that it conducts its procurement activities with "responsible" contractors. The debarment process is to protect the City from fraud, waste and abuse by using a tool to avoid doing business with non -responsible contractors. What are the causes for Debarment? • Fraud with Public Contract - Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract. • Business-related Crime - A conviction of, or plea of guilty or nolo contendere to, a civil judgment for, or a public admission to, a crime or offense related to business of the contractor or affecting the responsibility of the contractor. • Theft, Forgery or Tax Evasion - Commission of embezzlement, theft, forgery, bribery, collusion, falsification, perjury, destruction of records, making false statements, tax evasion, violating Federal Criminal Tax laws or receiving stolen property. • Lack of Business Integrity - Commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a contractor. • Ethics Violation — Failure to disclose to City violation of federal, state or local law involving fraud, conflict of interest, bribery, ethics or gratuity violation or failure to disclose overpayment on City contract. • Contract Violation - Violation of the terms of a contract so serious as to justify debarment. • Safety Violations — Serious or repetitive safety violations, which may be evidenced by violations of the OSHA Standards, worker's compensation claims, personal injury lawsuits or the safety record of any entity. • Indebtedness to the City. • Debarred by Other Entity - Placement on a state or federal debarment list or other similar list or undergoing a process of review that had the effect of excluding a contractor from contracting with the governmental entity for any length of time, provided the procedures for placement on the debarment list or exclusion process afforded the contractor any form of due process. • Unsubstantiated Lawsuit — Filing a lawsuit against the City if the City Attorney reasonably determines it is unsupported by the evidence or filed in bad faith or for an improper purpose. • Repetitive, Unsubstantiated Claims — Filing repetitive claims if the City Attorney reasonably determines the claim is unsupported by the evidence or made in bad faith or with intent to harass or delay a city project. Debarment Ordinance FAQs - redlines 1 of 6 Pages • Other Compelling Reason - Any other cause of such a serious or compelling nature that it affects the present responsibility of a contractor. Would the City debar a contractor as a penalty for bad conduct? No. The serious nature of debarment requires that it be imposed only in the public interest for the City's protection and not for punishment. But isn't the City going to be looking at a contractor's past conduct and past performance to decide whether to debar the contractor? Yes, but the consideration in imposing this sanction is the contractor's "present and likely future responsibility" and not the mere fact that the contractor has engaged in proscribed activity. Is it going to be easy for the City to debar a contractor? No. Because debarment is so severe a sanction, the City bears a heavy burden in establishing a cause for debarment. What is the City's burden to debar a contractor? The City may debar a contractor premised on a "preponderance of the evidence." Preponderance of the evidence means the greater or superior weight of the evidence. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. If a contractor has committed an action that is cause for debarment, does that mean the contractor will be debarred? No. The existence of a cause for debarment does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors must be considered in making any debarment decision. The ordinance clearly indicates that debarment is discretionary and is not to be an automatic consequence of a recognized cause for debarment. What can a contractor do if they receive a notice of proposed debarment and want to present their side of the story? A contractor who receives a notice of proposed debarment may submit argument in opposition, including any additional information that may raise a genuine dispute over the material facts. In actions where the proposed debarment is not based upon a conviction or judgment and the contractor's submission is found to raise a dispute over facts material to the debarment, the ordinance requires the City to afford the contractor an additional opportunity to submit Debarment Ordinance FAQs - redlines 2 of 6 Pages documentary evidence, appear with counsel, present witnesses, and confront any person the City presents as part of a case for debarment. Does the City have to provide notice of its reasons for the debarment? Yes. There are several notice requirements in the ordinance, including required notice to the contractor when the contractor is proposed for debarment, as well as when the Director has made a final determination. Does the City prepare a written summary or findings of fact? Yes. Unless based upon a conviction or civil judgment, the City prepares, or has prepared, written findings of fact in conjunction with its debarment decision. When is debarment inappropriate? Debarment is inappropriate when the contractor can establish by a preponderance of the evidence that, notwithstanding any past non -responsible conduct, he no longer constitutes a business risk. When would a Director decide not to debar a contractor that has done something that can get him debarred? The Director may refuse to debar a contractor that has committed an act that is cause for debarment where the administrative record and any evidence presented by the contractor shows, by a preponderance of the evidence, that his subsequent behavior is presently responsible. If the Department were to investigate a contractor's responsibilities under the debarment process and even if the Director were to recognize that a contractor's role in a particular act, for example, the criminal act of committing fraud, was unjustifiable and evinced a serious lack of responsibility at the time of the transgression, the Director may find cause to nevertheless decide that, when viewed in light of the contractor's conduct since his criminal activity, the proposed debarment would constitute a penalty and would not be necessary to protect the public interest. Let's say I've been debarred. What happens? • Offers will not be solicited from, contracts will not be awarded to, existing contracts will not be renewed or otherwise extended for, and subcontracts requiring City approval will not be approved for you by any City department. Debarment Ordinance FAQs - redlines 3 of 6 Pages • You may neither conduct business with the City as an agent or representative of other contractors or subcontractors nor may you act as an individual surety to other City contractors. • No City department may enter into, renew or extend a contract with you. • Your name will be placed on the Excluded Parties List (EPL). • Your affiliation with or relationship to any organization doing business with the City will be carefully examined to determine the impact of those ties on the responsibility of that organization as a City contractor or subcontractor. How do I refer a contractor for Debarment? The Department will establish procedures and processes, including procedures and processes for referrals. The procedures, processes, and the contact person to whom referrals may be sent will be posted on the Department's webpage within a reasonable amount of time after passage of the ordinance. Who decides if a contractor will be proposed for debarment? The Director of the Department of Engineering Services or designee will decide whether a contractor will go through the Debarment process. Who refers contractors for Debarment? Most referrals are expected to come from the Department's own staff. What will the City do to make sure the process for debarment and referrals is not susceptible to abuse? The Department will set up an internal group or committee to review and coordinate requests for referrals. All requests for referring a contractor for debarment will be carefully screened to weed out those requests for referral that appear to be groundless, punitive, discriminatory, or based on apparent prejudice. Only serious and legitimate cases will be proposed for debarment. Can't a contractor refer another contractor to keep a competitor from bidding a project? Debarment Ordinance FAQs - redlines 4 of 6 Pages No. A contractor is not going to be able to use the debarment process to try to refer a competitor for debarment in order to keep that contractor from bidding a city project. Can a contractor be debarred or referred for debarment for failing to perform on a contract or for poor performance on a contract? A contractor is not going to be proposed for debarment or debarred in order to punish the contractor for a single failure to perform on a city contract. If a contractor fails to perform or performs poorly on a given contract, the City must make use of the contractual remedies already available under the contract language. A contractor's serious contract violations and continued failure to perform can be evidence, however, that could go toward supporting a case for debarment or a contractor's present responsibilities. The process cannot be used to punish contractors for their past conduct. It can only be used for purposes of protecting the public interest by contracting only with responsible contractors. Can a Director's decision to debar a contractor be appealed? Yes. A contractor can appeal a decision to the Executive Director of Public Works, then to the Assistant City Manager for Public Works and Utilities, and then to the City Manager or designee. Does the Department of Engineering Services and the Director of Engineering Services basically decide a contractor's fate when it comes to debarment? As a contractor, why should I feel I will be given a fair shake? No. There are several safeguards in the ordinance that ensure that a contractor will receive a fair shake, due process, an independent review, and the opportunity to appeal. Where does the ordinance provide for an independent review? The ordinance provides for an independent review under Section 41-107(d), which states that, unless based upon a conviction or civil judgment, the Director will refer matters involving disputed material facts to an independent third party or consultant for findings of fact. What if the Director feels like disregarding the findings of fact? The Director may reject the independent findings only after they have been determined to be arbitrary and capricious or clearly erroneous. What comments from contractors have been worked into the ordinance? All of the comments received by the City and the City's response are posted on the Engineering website at http://engineercc.com Debarment Ordinance FAQs - redlines 5 of 6 Pages Why does this ordinance look so different from the first draft version? Many changes were made to the ordinance to simplify it and to work in the various comments staff received from contractors and from City Council. What is the biggest change? The ordinance no longer provides authority or procedures to suspend a contractor. Why did you take out suspension? The City will be able to handle the types of cases that suspension was intended to handle through other processes and procedures. What is the section titled "Responsibility" in Article II all about? The City has to award to the lowest responsible bidder on most public works contracts. The section regarding responsibility simply codifies the normal course of business process that the City must go through for its procurements and awards for public works contracts. Engineers are associated with providing services in connection with public works projects. Will engineers and other professional service providers be debarred under this ordinance? No. This ordinance does not apply to professional services contracts. Why would engineers be exempt from debarment? Professional services contracts are exempt from competitive bidding process. Professional service providers do not "bid" on city projects in response to a bid invitation as construction contractors do. Professional service contracts must be awarded to the most highly qualified service provider in accordance with Chapter 2254 of the Texas Government Code and cannot be awarded to the lowest responsible bidder. Debarment Ordinance FAQs - redlines 6 of 6 Pages AGENDA MEMORANDUM First reading for the City Council Meeting of June 16, 2015 Second reading for the City Council Meeting of June 23, 2015 DATE: May 22, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3476 2015 Parks and Recreation Summer Food Service Program CAPTION: Ordinance appropriating a $150,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen. PURPOSE: Appropriate Summer Food Service Program funds for the Summer Recreation Program. BACKGROUND AND FINDINGS: The Texas Department of Agriculture provides grant funds for the Summer Food Service Program. The Parks and Recreation Department has sponsored this program for over 16 years. There is no required local match for this program. The program funds are based on a reimbursement for actual meals served during the eight week program period from June 15, 2015 to August 7, 2015. The meals will be prepared by the Parks and Recreation Department's Senior Community Services Division at the Central Kitchen located at Del Mar College West Campus. FY14 actual expenditures for this program were $146,188. ALTERNATIVES: Do not approve program. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for appropriation of funds. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue 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 $150,000 $150,000 BALANCE $150,000 $150,000 Fund(s): Parks and Recreation Grant Fund 1067 Comments: None RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Program Approval Attachment — Flyer with list of 2015 Summer Food Service Program sites Ordinance appropriating a $150,000 grant from the Texas Department of Agriculture, in the No. 1067 Parks and Recreation Grants Fund, to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a $150,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grants Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas 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 , 2015 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 Texas Unified Nutrition Programs System 1 2014 - 2015 Application Packet Page 1 of 1 2014 - 2015 Application Packet 01507 Status: Active CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DBA: 1201 Leopard St Corpus Christi, TX 78401 County District Code: 178 ESC: 2 TDA Region: 5 Packet Submitted Date: 05/14/2015 Packet Approved Date: 05/14/2015 Packet Original Approval Date: 05/14/2015 Packet Status: Approved Latest Action Form Name Version Status View 1 Revise ✓ Contracting Entity Application Original Approved View 1 Revise y/ Budget Detail Original Approved Details y/ Management Plan Original Approved Details ✓ Food Production Facility List (1) Details Site Field Trip List Details ire Checklist Summary (1) Site Applications Approved Pending Return for Denied Withdrawn/ Error Total Correction Closed Applications Summer Food Service Program Show Packet History 13 0 2 0 0 D 15 https://txunps 1.texasagriculture.gov/TXUNPS/Sfsp/AppPacket.aspx?enc=acnVachf*t9rjd... 5/19/2015 Kathleen Ramos From: Connie Reschman Sent: Thursday, May 14, 2015 5:58 PM To: Kathleen Ramos; Henry Lara Subject: Fwd: TX-UNPS Application Packet Notification Sent from my iPhone Begin forwarded message: From: TX-UNPS Help Desk <squaremeals a,TexasAgriculture.gov°> Date: May 14, 2015 at 5:13:08 PM CDT To: <ConnieRe@cctexas.com> Subject: TX-UNPS Application Packet Notification Reply -To: <squaremealsO,TexasAgriculture. ;ov> NOTIFICATION EMAIL FOR SFSP APPLICATION PACKET Texas Unified Nutrition Programs System Texas Department of Agriculture Food and Nutrition Division Thank you for submitting your Application Packet for the Summer Food Service Program. Your application packet has been APPROVED. Contracting Entity Name: CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT CE ID: 0I507 Program Year: 2014/20I5 Program: Summer Food Service Program (SFSP) Application Packet Status: Approved 1 CORPUS CHRISTI PARKS& RECREATION "Lunch's On Us!" Summer 2015 FREE food service program for all youth ages 1-18. June 15—August 7, 2015, Monday—Friday (closed July 3rd) Lunch served at 1 1:30am-1 pm • Afternoon snack served at 2:30pm-3:30pm PtPre -qualifications or proof of income are needed. Registration is not required. Or more information call the Summer Food Hotline at 361-824-3467. 15 Participating Sites: 3en Garza Gym Casa De vanana Garcia Arts & Education Center Joe Garza Recreation Center La Armaca Family Resource Center Lindale Recreation Center LULAC Village Park Apartments Del Mar College Oak Park Recreation Center Oso Recreation Center Samuel Place Apartments Treyway Apartments whispering ..finds JJiggins Family Resource Center Y CA CC 1815 Howarc St. 4702 Olc Brownsville Rc. 2021 Agnes St. (Lunch only) 3204 Highland Ave. 1455 Southgate Dr. 3133 Swantner Dr. 1417 Horne Rd. 101 Baldwin blvd. (Lunch only) 842 Erwin Dr. 1 1 1 1 Bernice Dr. 4315 Carroll Lane Ln. 2022 Treyway Ln. 1458 _Jest Point Rd. 2320 3uforc St. 4601 Corona Dr. Note that the program and sites are subject to change. This program is grant funded by the Texas Department of Agriculture. For more information about the programs and services offered by the Corpus Christi Parks & Recreation Department, visit www.ccparkandrec.com. We invite you to LIVE. LEARN. PLAY! Meals will be provided at the sties listed. In accordance with federal law and USDA policy, the City of Corpus Christi promotes participation regardless of race, color, national origin, sex, age, or disability. Reasonable accommodations are provided upon request and in accordance with the Americans with Disabilities Act. For assistance or to request a reasonable accommodation, please contact 361-826-3467 at least 48 hours in advance. USDA Director, Civil Rights Division, 1400 Independence Ave. SW, Washington, D.C. 20250-9410 Last Updated on 5-28-2015 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 16, 2015 Second Reading Ordinance for the City Council Meeting of June 23, 2015 DATE: TO: June 8, 2015 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR©cctexas.com 361-826-7203 Eddie Houlihan, Assistant Director of Management & Budget EddieHo©cctexas.com 361-826-3792 Ordinance amending the Fiscal Year (FY) 2014-2015 operating budget in the General Fund for the 1115 Waiver Program. CAPTION: Ordinance amending the FY2014-2015 operating budget adopted by Ordinance No. 030294 by reducing revenues and expenditures by $1,291,492 for the 1115 Waiver Program in the General Fund No. 1020; and any remaining excess funds will be placed in a Special Revenue account created for the 1115 Waiver in FY 2015-2016. PURPOSE: The purpose of this agenda item is to reflect the actual amount of revenue anticipated to be received during fiscal year (FY) 2014-2015 in the amount of $1,220,936 and to reduce expenditures to reflect the elimination of the 1115 Waiver Para Medicine Project for an amended expenditure budget of $1,220,936. BACKGROUND AND FINDINGS: During the preparation of the FY2014-2015 operating budget, revenues and expenditures in the amount of $2,512,428 each were budgeted for the 1115 Waiver Program in the General Fund No. 1020. Now, further into the fiscal year, this agenda item is being presented to more accurately reflect the amount of revenue we anticipate receiving in this fiscal year. To date, we have received $580,500 of the $1,220,936 of revenue anticipated to be received. The remaining $640,436 is anticipated to be received by September 30, 2015. Additionally, we anticipate expending $1,220,936 during this fiscal year. This amount of the reduction includes $865,000, due to the decision not to seek funding for the Para Medicine Project and elimination of any carry forward funds from prior years, since we will not need those funds until next year, when we will have our largest number of programs running. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This Ordinance conforms to all City policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Health Department Legal Department Office of Management and Budget Financial Services Department FINANCIAL IMPACT- Table 1 for Revenue: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,512,428 $2,512,428 Encumbered/ Expended Amount This item ($1,291,492) ($1,291,492) BALANCE $1,220,936 $1,220,936 Fund(s): 1020 General Fund (Revenue) FINANCIAL IMPACT — Table 2 for Expenditures: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,512,428 $2,512,428 Encumbered/ Expended Amount $1,291,492 $1,291,492 Balance $1,220,936 $1,220,936 Fund(s): 1020 General Fund (Expenditures) RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the FY2014-2015 operating budget adopted by Ordinance No. 030294 by reducing revenues and expenditures by $1,291,492 for the 1115 Waiver Program in the General Fund No. 1020. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. To reduce expenditures to reflect the elimination of the 1115 Waiver Para Medicine Project for an amended expenditure budget for FY2015 of $1,291,492.00. Section 2. A Special Revenue account was created in FY2015-2016 for 1115 Waiver. If any excess funds remain at the end of the fiscal year, then they will be placed in "the Special Revenue Account". 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 Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio 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 Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 16, 2015 Second Reading for the City Council Meeting of June 23, 2015 DATE: May 21, 2015 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Appropriating Funds to Cover Cost for Early Completion of Area Development Plan CAPTION: Ordinance appropriating a total of $293,472 from the unreserved Fund Balance in the No. 1020 General Fund for costs related to early completion of the Downtown Area Development Plan, which is currently ahead of original schedule; and changing the FY 2014-2015 operating budget adopted by Ordinance No. 030294 by increasing expenditures by $293,472. PURPOSE: To cover anticipated costs resulting from early completion of the Area Development Plan original schedule. BACKGROUND AND FINDINGS: A service agreement for Strategic Planning Services with Goody Clancy & Associates Inc., was awarded in 2014 for an estimated two year expenditure of $1,536,800. The term of the agreement was for twenty-four months. Because the service agreement was completed before the anticipated schedule, it has become necessary to appropriate funds from the unreserved Fund Balance in the General Fund to cover invoice costs in FY 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The item conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Development Services Office of Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $910,900.63 $910,900.63 Encumbered / Expended Amount This item $293,472 $293,472 BALANCE $1,204,372.63 0 $1,204,372.63 Fund(s): General Fund Comments: Comprehensive Planning Org. RECOMMENDATION: Staff recommends approval of the appropriation ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance appropriating a total of $293,472 from the unreserved fund balance in the No. 1020 General Fund for costs related to early completion of the Downtown Area Development Plan, which is currently ahead of original schedule; and changing the FY 2014-2015 operating budgeted adopted by Ordinance No. 030294 by increasing expenditures by $293,472. Be it ordained by the City Council of Corpus Christi, Texas, that: SECTION 1. That $293,472 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for costs related to early completion of the Downtown Area Development Plan, which is currently ahead of original schedule. SECTION 2. That the FY 2014-2015 Operating Budget adopted by Ordinance 030294 is changed by increasing expenditures by $293,472. 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 Contract Summary Original Contract Amended Contract Total Original Contract Comprehensive Plan Downtown Area Development Plan Southside Area Development Plan Total Original Allocations FY- 14 FY- 15 FY- 16 Total for 24 Months $ 919,240 $ 417,560 $ 200,000 $ 1,536,800 $ 320,167 5 Months $ 768,400 12 Months $ 448,233 7 Months $ 1,536,800 1 Amended Allocations FY - 14 FY - 15 Original Allocation Transfer Allocation Airport Amendment $72,835 Amended Total for FY 15 FY - 16 Original Allocation Transferred from FY16 to FY15 Amended Total for FY 16 320,167 768,400 293,472 72,835 1,134, 707 448,233 (293,472) 154,761 Amended Total 1,609,635 Final Costs Total Original Contract Comprehensive Plan Downtown Area Development Plan Southside Area Development Plan Total $ 919,240 $ 417,560 $ 200,000 $ 1,536,800 Total Amended Contract Comprehensive Plan Downtown Area Development Plan Southside Area Development Plan Airport Zoning Commission Total $ 919,240 417,560 200,000 72,835 1,609,635 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 16, 2015 Action Item for the City Council Meeting of June 23, 2015 DATE: TO: June 16, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Appropriating Funds for and Awarding the Purchase of Fire Department Vehicles CAPTION: Ordinance appropriating $507,190 from the unreserved fund balance in the No. 1020 General Fund for the purchase of six Ford Fusion hybrid sedans and one light and air truck; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $507,190; approving the purchase of the six sedans from Caldwell Country Chevrolet, of Caldwell, Texas, and the purchase of the light and air truck from Siddons-Martin Emergency Group, of Denton, Texas, each purchase based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, for a total amount of $507,190. PURPOSE: The purpose of this item is to approve the appropriation of funds for the purchase of Fire Department vehicles. BACKGROUND AND FINDINGS: The hybrid sedans are to be used as support vehicles by the Fire Prevention & Training Division and are replacements to the fleet. The light and air truck is to be used to provide light and air essentials to Emergency Responders as they operate in an Immediate Dangerous to Life and Health (IDLH) environment. The light and air truck will replace the front-line unit that is currently in service and the current front line unit will go into Reserve Fleet status. ALTERNATIVES: The sedans have hybrid gas -electric engines. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $507,190.00 $0 $507,190.00 BALANCE $0 $0 Fund(s): General Fund Comments: Funds were budgeted for FY 2013-2014; however funds were not expended prior to fiscal year-end and will be rolled into the fund balance for FY 2014-2015. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price sheet Ordinance appropriating $507,190 from the unreserved fund balance in the No. 1020 General Fund for the purchase of six Ford Fusion hybrid sedans and one Tight and air truck; amending the FY2014- 2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $507,190; approving the purchase of the six sedans from Caldwell Country Chevrolet, of Caldwell, Texas, and the purchase of the light and air truck from Siddons-Martin Emergency Group, of Denton, Texas, each purchase based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, for a total amount of $507,190. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $507,190 are appropriated from the unreserved fund balance in the No. 1020 General Fund for the purchase of six Ford Fusion hybrid sedans and one light and air truck for the Corpus Christi Fire Department. The City Council finds that a grave public necessity exists, that amendment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $507,190 be appropriated as an emergency expenditure from the unreserved fund balance in the No. 1020 General Fund in order to complete the purchases. SECTION 2. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase expenditures by $507,190. SECTION 3. The City Council approves the purchase of six Ford Fusion hybrid sedans from Caldwell Country Chevrolet, of Caldwell, Texas, and the purchase of one light and air truck from Siddons-Martin Emergency Group, of Denton, Texas, based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, for a total amount of $507,190. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET TLGPC CONTRACT NO. 430-13 PURCHASE OF HYBRID SEDANS Caldwell Country Chevrolet Caldwell, Texas UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION 1. 2016 Ford Fusion "S" hybrid sedan, red QTY. UNIT 6 Each $24,281.666 $145,690.00 TOTAL: $145,690.00 TLGPC CONTRACT NO. 399-12 PURCHASE OF LIGHT AND AIR TRUCK Siddons-Martin Emergency Group Denton, Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. Pierce Peterbilt Encore Light and Air Truck 1 Each $361,500.00 $361,500.00 TOTAL: $361,500.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 16, 2015 Action Item for the City Council Meeting of June 23, 2015 DATE: TO: June 16, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Stacie Talbert Anaya, Interim Director of Parks and Recreation staciet@cctexas.com 361-826-3476 Mark Van Vleck, Executive Director of Utilities markvv@cctexas.com (361) 826-1874 Service Agreements for Mowing of Parks, Rights-of-way, Medians, and Wastewater Treatment Plants CAPTION: Resolution finding the lowest responsible bidder for mowing services by grouped acreage in response to Bid Event No. 12; awarding a service agreement to the lowest responsible bidder for each acreage group; and authorizing the City Manager or designee to execute a service agreement with the lowest responsible bidder for each acreage group. Maldonado Nursery & Landscape, Inc. San Antonio, TX $77,854.09 Tuff Cut Lawn & Landscape Corpus Christi, TX $88,169.99 Total: $166,024.08 PURPOSE: To approve service agreements for the mowing of City parks, rights-of-way, street medians, and the Wastewater Treatment Plants. The terms of the contracts will be for twelve (12) months with options to extend for up to four (4) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. BACKGROUND AND FINDINGS: None. 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: Parks and Recreation Department 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 $109,507.14 $124,511.37 $234,018.51 Encumbered / Expended Amount $68,003.36 $0.00 $68,003.36 This item $41,503.78 $124,511.37 $166,015.15 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund, Wastewater System Fund Comments: The $41,503.78 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $124,511.37 for the last nine months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Resolution finding the lowest responsible bidder for mowing services by grouped acreage in response to Bid Event No. 12; awarding a service agreement to the lowest responsible bidder for each acreage group; and authorizing the City Manager or designee to execute a service agreement with the lowest responsible bidder for each acreage group. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received six bids for mowing services in both high profile and low profile areas of the City in response to Bid Event No. 12, of which only the lowest responsible bidder may be awarded a mowing service contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding require- ment applies to a contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 12 that a contract would be awarded to the lowest responsible bidder; WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 12 that the City may award a contract "for any item or group of items" shown in Bid Event No. 12; WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 12 that the City reserved the authority to waive any immaterial defect; WHEREAS, the City has determined and finds that it is in the best interest of the public to waive an immaterial defect in Bid Event No. 12 produced by Specification No. 1168, VI.A., related to past experience mowing in high and low profile areas and with having a local office with a local decision maker, as such defect is not material to producing the lowest unit price per grouped acreage; WHEREAS, the City has determined and finds that it is in the best interest of the public to award a contract to the lowest responsible bidder for each separately identified acreage group, shown by item number, in Bid Event No. 12; WHEREAS, the lowest responsible bidder awarded a contract for item #1.1 (group 9) is Maldonado Nursery & Landscape, Inc. ("Maldonado") of San Antonio, Texas, in the amount of $19,798.50; WHEREAS, the lowest responsible bidder awarded a contract for item #1.2 (group 10) is Tuff Cut Lawn & Landscape ("Tuff Cut"), of Corpus Christi, Texas, in the amount of $19,302.40; WHEREAS, the lowest responsible bidder awarded a contract for item #1.3 (group 11) is Tuff Cut, in the amount of $11,368.80; WHEREAS, the lowest responsible bidder awarded a contract for item #1.4 (group 12) is Maldonado, in the amount of $14,446.73; WHEREAS, the lowest responsible bidder awarded a contract for item #1.5 (group 13) is Tuff Cut, in the amount of $22,818.39; WHEREAS, the lowest responsible bidder awarded a contract for item #1.6 (group 14) is Tuff Cut, in the amount of $21,463.60; WHEREAS, the lowest responsible bidder awarded a contract for item #1.7 (group 15) is Tuff Cut, in the amount of $13,216.80; WHEREAS, the lowest responsible bidder awarded a contract for item #2.1 (group 16) is Maldonado, in the amount of $43,608.86; WHEREAS, the City Manager, or his designee, is authorized to execute a separate contract for each item with the lowest responsible bidder, as indicated; and WHEREAS, in the event the lowest responsible bidder fails to execute the con- tract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replace- ment mowing services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this ordinance to be true and correct. Section 2. The City Council finds that waiving the immaterial defect in the specifica- tions for Bid Event No. 12 is in the best interest of the public. Section 3. The City Council finds that Maldonado is the lowest responsible bidder for items #1.1, 1.4, and 2.1 in Bid Event No. 12 and is awarded contracts in the amounts of $19,798.50; $14,446.73; and $43,608.86, respectively, as shown in the attached Exhibit A, the content of such exhibit being incorporated into this ordinance by reference as if fully set out herein in its entirety. Section 4. The City Council finds that Tuff Cut is the lowest responsible bidder for items #1.2, 1.3, 1.5, 1.6, and 1.7 in Bid Event No. 12 and is awarded contracts in the amounts of $19,302.40; $11,368.80; $22,818.39; $21,463.60; and $13,216.80, respect- tively, as shown in Exhibit A. Page 2 of 3 Section 5. The City Manager, or his designee, is authorized to execute contracts with the lowest responsible bidder for each separately identified acreage group, shown by item number, in accordance with the terms and conditions stated in Bid Event No. 12. Furthermore, in the event the lowest responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement mowing services for the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary day of , 2015 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Brian Rosas Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn Nelda Martinez Mayor Page 3 of 3 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO ITEM DESCRIPTION 1.0 1.1 1.2 1.3 1.4 1.5 1.6 11 2.0 2.1 High-profile Areas: Group 9 mowing Group 10 mowing Group 11 mowing Group 12 mowing Group 13 mowing Group 14 mowing Group 15 mowing Other Areas: Group 16 mowing BID TABULATION BID EVENT NO. 12 MOWING SERVICES EXHIBIT A TOTAL ACREAGE Aspen Lawn Care, LLC Corpus Christi, Texas Barbarossa Construction, LLC Corpus Christi, Texas Dorame General Repair & Lawn, LLC Corpus Christi, Texas Maldonado Nursery & Landscape, Inc. San Antonio, Texas Texas Construction Corpus Christi, Texas Tuff Cut Lawn & Landscape Corpus Christi, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE PER GROUP 366.98 $95.00 $34,862.98 $58.50 $21,468.25 $76.00 $27,89038 $53.95 $19,798.50 $115.00 $42,202.55 NO BID 482.56 $95.00 $45,84320 $59.00 $28,471.04 $74.00 $35,709.44 $53.95 $26,034A 1 $120.00 $57,90720 $40.00 $19,302.40 284.22 $95.00 $27,000.90 $60.00 $17,053.20 $80.00 $22,737.60 $53.95 $15,333.67 $125.00 $35,527.49 $40.00 $11,368.80 267.78 $95.00 $25,439.10 $60.00 $16,066.80 $80.00 $21,422.40 $53.95 $14,446.73 $110.00 $29,455.80 NO BID 570.46 $95.00 $54,193.68 $60.00 $34,227.59 $64.00 $36,509.43 $53.95 $30,776.31 $119.00 $67,884.72 $40.00 $22,818.39 536.59 $95.00 $50,976.05 $60.00 $32,195.40 $64.00 $34,341.76 $53.95 $28,949.03 $125.00 $67,073.75 $40.00 $21,463.60 330.42 $95.00 $31,389.89 $60.00 $19,825.19 $80.00 $26,433.59 $53.95 $17,826.15 $110.00 $36,346.19 $40.00 $13,216.80 808.32 $95.00 $76,790.40 $62.00 $50,115.84 $90.00 $72,748.80 $53.95 $43,608.86 $130.00 $105,081.60 NO BID TOTAL: TOTAL AWARD: $166,024.08 EXHIBIT A $346,496A 9 $219,42331 $277,793.40 $77,854.09 $441,479.30 $88,169.99 SERVICE AGREEMENT FOR MOWING OF PARKS, ROW, MEDIANS, AND WASTE WATER TREATMENT PLANTS Service Agreement No. THIS Mowing Services Agreement (this "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 Maldonado Nursery & Landscape, Inc. ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Mowing Services in response to Event No. 12-0, which includes Specification 1168, dated 11/19/14; WHEREAS the City has determined Contractor to be the lowest responsible bidder for the applicable group acreage; follows: NOW, THEREFORE, Contractor and City enter into this Agreement and agree as 1. Services. Contractor will provide Mowing Services in accordance with Event No. 12-0, which includes Specification 1168, dated 11/19/14 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 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 Parks & Recreation Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such 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 (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the 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 Exhibit A, or the Contractor's bid offer and response to Event No. 12-0, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 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 Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for 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. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement 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. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 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 within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. 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 certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2726 Holly Rd., Bldg. 4 Corpus Christi, Texas 78415 Fax # (361) 826-3864 IF TO CONTRACTOR: Contractor Maldonado Nursery & Landscape, Inc. Contact Person: Martin Salazar Address: 16348 Nacogdoches Rd. City, State, ZIP San Antonio, TX 78247 Fax #: 210-599-9736 18. 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 goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month- to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 19. 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. 20. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR 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 OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Contractor: NAJD O tre-0 LLle-uu 2) /Ll �,.✓ L 5-! Title: /1-15/4. Date: z5//.s' Gabriel Maldonado Date Interim Procurement Manager Attached and Incorporated by Reference: Exhibit A: Event No. 12-0, including Specification 1168 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) SERVICE AGREEMENT FOR MOWING OF PARKS, ROW, MEDIANS, AND WASTE WATER TREATMENT PLANTS Service Agreement No. THIS Mowing Services Agreement (this "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 Tuff Cut Lawn & Landscape ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Mowing Services in response to Event No. 12-0, which includes Specification 1168, dated 11/19/14; WHEREAS the City has determined Contractor to be the lowest responsible bidder for the applicable group acreage; follows: NOW, THEREFORE, Contractor and City enter into this Agreement and agree as 1. Services. Contractor will provide Mowing Services in accordance with Event No. 12-0, which includes Specification 1168, dated 11/19/14 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 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 Parks & Recreation Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such 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 (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the 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 Exhibit A, or the Contractor's bid offer and response to Event No. 12-0, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 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 Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for 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. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement 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. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 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 within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. 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 certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2726 Holly Rd., Bldg. 4 Corpus Christi, Texas 78415 Fax # (361) 826-3864 IF TO CONTRACTOR: Contractor Tuff Cut Lawn & Landscape Contact Person: Arnoldo Rodriguez Address: 909 Doddridge St. City, State, ZIP Corpus Christi, TX 78411 Fax #: 18. 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 goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month- to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 19. 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. 20. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH TIIIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR 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 OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Gabriel Maldonado Interim Procurement Manager Date Contractor: Lu Q f' eAd- titwx 4 t4scy'e t�V I�0 lquclri,r2_ Title: Date: Attached and Incorporated by Reference: Exhibit A: Event No. 12-0, including Specification 1168 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) AGENDA MEMORANDUM Future item for the City Council meeting of June 16, 2015 Action Item for the City Council meeting of June 23, 2015 DATE: TO: May 19, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2604 Approval to enter into an interlocal agreement with Nueces County to share the Edward Byrne Memorial Justice Assistance Grant (JAG) and approval to submit a grant application to the U. S. Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $168,613 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County have agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on June 3, 2015. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment and enforcement programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation With this award, the program has provided a total of $5,665,210 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $168,613 $168,613 BALANCE $168,613 $168,613 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal agreement with Nueces County Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $168,613 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation with 50% of the funds to be distributed to Nueces County under the Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $168,613 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation with 50% of the funds to be distributed to Nueces County under the Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation. 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 GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES Z01SbI J KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2015 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of�., "%„r° , 2015, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY have previously entered into an agreement for disbursement of Fiscal Year 2012, 2013, & 2014 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $84,306, JAG funds received from Fiscal Year 2015 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 1of3 GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $ 84,306, of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $ 84,306, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2015 and September 30, 2019. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUNTY OF NUECES Ronald L. Olson Samuel L. Neal, Jr. City Manager ATTEST, Rebecca Huerta City Secretary APPROVED AS TO FORM, Buck Brice Assistant City Attorney For City Attorney County Judge Kara Sands County Clerk Lara Garza Jimen County Attorney •-i�z_ 5/ Date Date Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 16, 2015 Action Item for the City Council Meeting of June 23, 2015 DATE: TO: Ronald L. Olson, City Manager May 28, 2015 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 Enqineerinq Construction Contract City -Wide Lift Station Repairs and Section 4 Lift Station Odor Control CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $196,000 for the City -Wide Lift Station Repairs Section 4 and Lift Station Odor Control for the total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the City -Wide Lift Station Repairs Section 4 and Lift Station Odor Control for the total Base Bid. BACKGROUND AND FINDINGS: This work is part of the City -Wide Lift Station Improvement Program which provides for maintaining the City's 99 lift stations with a strategic lifecycle program based on useful service life and available funding. The program identifies, prioritizes and implements specific capital lift station improvements in a phased design and construction approach to extend service live, reduce maintenance costs, improve capacity, and meet Texas Commission on Environmental Quality guidelines. This specific project addresses civil, electrical, mechanical and odor control improvements at the Section 4 lift station at Whitecap Boulevard and Cruiser Street. Improvements include installation of blower, odor control unit, air piping, a concrete pad, electrical and miscellaneous items of work. On May 6, 2015, the City received proposals from two (2) bidders and the respective bids are as follows: CONTRACTOR TOTAL J.S. Haren Company Athens, TN $196,000.00 Associated Construction Partners LTD Boerne, TX $225,000.00 Urban Engineering conducted a bid analysis of the two (2) proposals submitted to the City. After reviewing the Statement of Experience submitted by J.S. Haren Company, Urban Engineering recommends the City of Corpus Christi award the construction contract to J.S. Haren Company 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: The Engineer's Opinion of Probable Construction Cost (OPCC) is $216,320. J.S. Haren Company's bid was less than the Engineer's OPCC. 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 $1,800,000.00 $4,000,000.00 $5,800,000.00 Encumbered / Expended Amount 46,240.00 46,240.00 This Item 196,000.00 196,000.00 Future Anticipated Expenditures This Project 39,740.00 4,000,000.00 4,039,740.00 BALANCE $1,518,020.00 $4,000,000.00 $5,518,020.00 Fund(s): Wastewater CIP #15 Comments: This project requires approximately 180 calendar days with anticipated completion in December 2015. This construction contract will result in an expenditure not to exceed $196,000. Remaining funds will be used for future required lift station projects to support the 99 lift stations located throughout the City. RECOMMENDATION: City Staff recommends approval of the construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $196,000 for the City -Wide Lift Station Repairs - Section 4 Lift Station Odor Control for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET City -Wide Lift Station Repairs Section 4 Lift Station Odor Control FUNDS AVAILABLE: Wastewater CIP $5,800,000.00 FUNDS REQUIRED: Construction Contract (JS Haren Construction) (THIS ITEM) 196,000 Contingency (10%) 19,600 Construction Inspection (In House) 7,840 Engineer Fees: *Engineer (Urban Engineering) 46,240 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 3,920 Engineering Services (Project Mgmt/Constr Mgt and Observation) 5,880 Miscellaneous 2,500 TOTAL 281,980 ** ESTIMATED PROJECT BUDGET BALANCE $5,518,020 * Original Contract approved administratively on August 13, 2014. ** To be used for lifecycle repairs on future lift station projects. City -Wide Lift Station Repairs Section 4 Lift Station Odor Control CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS Corpus Chrsti Capital Programs City -Wide Lift Station Repair Program - Section 4 Lift Station Improvements Council Presentation June 16, 2015 Project Location c*. Corpus Chr sti Capital Programs This project provides Lift Station Improvements to include: ➢ Installation blower; ➢ Installation odor control unit; ➢ Air Piping; ➢ Concrete works; ➢ Electrical works and other misc. items WCA71ON MAP NOT TO SCALE Project #: E10142 Project Schedule Corpus Chr'sti Capital Programs 2015 Apr May Jun Jul Aug Sep Oct Nov Dec Bid & Award Construction Construction Estimate: 180 Calendar Days 6 Months Projected Schedule reflects City Council award of construction in June 2015 with anticipated construction completion by December 2015. AGENDA MEMORANDUM for the City Council Meeting of June 16, 2015 DATE: TO: May 1,2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Golf Course Annual Update STAFF PRESENTER(S): Name Title/Position 1. Stacie Talbert Anaya Interim Director 2. 3. OUTSIDE PRESENTER(S): Department Parks & Recreation Name Title/Position Organization 1. 2. 3. BACKGROUND : This presentation provides and update on year four of contracted golf course operations. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation J iff:sprivr i (JD!!! iii J&.ii� YJIJ,,.I! Golf Course Annual Update to City Council CORPUS CHRISTI PARKS& RECREATION Council Presentation June 16, 2015 Lease Timeline Dm dg ri'1 Gels "° %'J'JflJI Ezdfl Re,fflJfili1A '/JIJtill CORPUS CHRISTI PARKS& RlGiW110N • Management Agreement November 2010 — January 2011 • Lease Agreement began February 2011 • Ten Year Lease Agreement (2011-2021) • Options for extension • Just Completed Fourth Full Year 2 Rounds of Golf Jr d f f.;-.; D1 =,:s PLID1 J1 Li Odd 1.17fI11111Lb %J1Jy11 CORPUS CHRISTI PARKS& RECREATION Course 2013 2014 Difference Oso Beach 43,067 38,270 -4,797 Lozano 36,328 33,824 -2,504 Total 79,395 72,094 -7,301 Financial Review =,:s PLID1 J1 Li Odd 1.17fI11111Lb %J1Jy11 CORPUS CHRISTI PARKS& RECREATION 2013 2014 Difference Revenue 2,798,611 2,456,796 -341,815 Expenditures 2,374,725 2,549,792 -175,067 Net Operating Surplus 248,819 82,071 -166,748 City Share of Surplus 124,409 41,036 -83,373 Customer Satisfaction Tc res ght rrcd T!4 CORPUS CHRISTI PARKS& RECREATION Oso Beach — 94.3% Good or Excellent Lozano — 91.5% Good or Excellent Overall — 93.1% Good or Excellent 5 2014 Recap Tc res ght GD T!4 EZLepj r1.1 5rJ B f fnafi Itol. ALIBI CORPUS CHRISTI PARKS& RECREATION • Financial • Revenue share - $82,071 • All revenues were down • Revenue per round $35.43 • Rounds of Golf • Down due to Weather - 130 days with less than 60 paid rounds • Daily average for number of paid rounds: 105 • Improved Course and Facility Conditions • Pro shops, concession and restroom facilities • Equipment upgrades New Equipment '1-',0.rts,igki C; I I E/..1prif11.109iii CORPUS CHRISTI PARKS& RECREATION Range Vehicle Fairway Mowers Facility Improvements =i.s PLID1J1 Li Odd 1.1.0111LJIS %J1Jy11 CORPUS CHRISTI PARKS& RECREATION Lozano Pro Shop Facility Improvements Tc res ght GD T!4 CORPUS CHRISTI PARKS& RECREATION Oso Beach Pro Shop 2015 Goals Tc res ght GD T!4 CORPUS CHRISTI PARKS& RECREATION • Financial ➢ 2015 Budget— Projected $82,000 net operating surplus • Purchase Additional Equipment ➢ Utility Vehicles ➢ Irrigation • Facility Improvements (Capital Surcharge Fund) ➢ Lozano Improve drainage at range Tee sign package ➢ Oso Beach Cart path improvements Tee repairs TOT e Siriht G161 .12 r'4 _zt.Orn.1 f lit it fnafl Itol. ALIBI CORPUS CHRISTI PARKS& RECREATION Questions? AGENDA MEMORANDUM City Council Meeting of June 16, 2015 DATE: June 1, 2015 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Director Communication, Media Relations & E -Government Kimw©cctexas.com (361) 826-3211 Communication Update STAFF PRESENTER(S): Name 1. Kim Womack 2. 3. OUTSIDE PRESENTER(S): Title/Position Director Department Communication Name Title/Position Organization 1. 2. 3. BACKGROUND: The Communication Department has undergone a reorganization which began in August of 2014. The reorganization included a new mission and combined resources including the Customer Call Center, Print Shop, Social Media, Website, Media Relations and Video Operations. The update is to provide City Council with progress regarding the reorganization and improvements in City communication. LIST OF SUPPORTING DOCUMENTS: Presentation — Communication Update 6.19.15 Informal Staff Report — Department Update Communication Update Council Presentation June 16, 2015 Foundation Mission - Proactively shape positive opinions about the City. - Communicate accurate information in a timely way to the public and workforce on key City issues. - Lead the way on Citizen Engagement and two-way communication process. - Lead the way on Customer Service and resolution of citizen concerns and requests for service. Plan Mission Element #1: Proactively shape positive opinions about the City. Goal 1: Develop and organize a communication structure and process Strategy1: Develop and organize a communication structure and process rea e Coin un ion Org Ch meat sole s&Res wasiies Dept PIG Alasons bi Develops Corn !cation P Director Atte d rate, PI g eetings On le C re 111111 rategy2Develop and implement policies and procedureato support the communication structure and process Stle s ltsoc me tc.i Devn Strategy. communications tegy.Devel pa an rtraag plan to proactively shape opinions about the City. 111111 o plan •••• • Cit fl nnels In rease De en oll t' IIIIII Goal rt Benconfidence in the Communication Department n Increase collaboration between the Communication Department and other City Departments C ry wrtF continuing education ....i. e le proce for Dept red con Develop and co du o !cationsurve e co ten evelop ent os/raiso ns tegy 2: to departmental resource needs to Strategy Executive Leadership annually Develop budget recornmendationsannue Recornmend technology best practices annualll, • Three Year Strategic Communication Plan Complete • Annual Business Plan • 100 Day Plans - fourth plan started June 1, 2015 • Charting Progress Structure Communication Organizational Chart Communication, Media Relations, & E -Government Department tem Dr«w Mu hirn�c M14 roger Gra pM1ic Dasn Pubic InArmthn Ma ager CaIlCenter Manager Ydeo Interns 1 Website 85occI M Elie 4 Function - Multimedia Video Operations • Live City Council broadcasts • 4 cable television channels • 474 public access shows • 24/7 operations; 99% uptime Television Studio • Studio renovation designs • Beginning bid stage • Expansion of programming Print Shop • Business model development • Comprehensive redesign • Competitive analysis 5 Function - Media Relations Messaging & Content • Communication plans • Message mapping • Employee newsletter • Media Citizen Engagement • Public meetings • Social media • Website Communication Collaboration • Advertising • Communication contracts • Emergency operations myCity Connections 6 Function - Customer Call Center Customer CaII Center 826 -CITY Operational • 7 a.m. to 7 p.m. (M -F) • Average 30,285 calls per month • Busiest time - Monday morning Work Order Processing • One call convenience • Service area specialization • Assistive technology • Spanish Mobile Application Processing • Website inquires • Mobile app work orders Initial Results Citizen Engagement* • Twitter followers up 25% • YouTube content up 39% • YouTube subscribers up 293% • 98 hours live broadcast of City Council meetings • 246,647 Call Center calls Employee Engagement • 85,000 Contacts • 6.5M Impressions Media Engagement • 917 Direct Contacts * Calculations are based on October 1, 2014 data Follow us on Twitter! @CityofCC • Like us an acebas k! ▪ FACBBOOK_COM;CIT'YGOY Questions Stay Connected rnyCity onnecU ons SIGN UP FOR a NEWS TODAY! 9 INFORMAL STAFF REPORT MEMORANDUM To: Ron L. Olson, City Manager Thru: Margie C. Rose, Deputy City Manager From: Kim Womack, Communication Director Date: June 3, 2015 Subject: Communication Department Update Issue/Problem The Communication Department underwent a reorganization in August of 2014. An update is scheduled for an upcoming City Council meeting and this memo provides additional background prior to the update. Background & Findings The Communication Department reorganization started with a new mission and combining resources to include the Customer Call Center, Print Shop, Social Media, Website, Media Relations and Video Operations. The reorganization coincided with the completion of a Three Year Strategic Communication plan developed by the director in coordination with the Certified Public Communicator program from Texas Christian University. The three year plan is incorporated into the Communication Department Business Plan and 100 Day Plans. The first year of the plan focuses on establishing a firm communication foundation and function. Along with the plan a complete organization structure was developed to include key communication function areas including: Multimedia, Media Relations and the Customer Call Center. Resources were combined to include 34 staff consisting of over 7 different funding sources with the majority of staff (23) residing in the Customer Call Center. During the budget process 2 full time equivalent employees were approved and the addition of $150,000 for department operation expenses and advertising. The multimedia division of the department is charged with video production, television studio operations and the print shop. Some duties include management of 4 cable television channels, 474 public access shows and organizational printing. The media relations division is charged with messaging/content, citizen engagement and communication collaboration. Some duties include message mapping, employee newsletter, media and emergency operations communication. The customer call center division is charged with operating the call center from 7 a.m. to 7 p.m. Monday — Friday and providing one call convenience for work order processing for city services. Another part of the communication foundation has been development of systems and processes to aid in communication. Examples include standardized communication plans, mapping proactive and reactive communication processes and a comprehensive analysis of the print shop. A very strong metric component has been developed to determine progress in each area of the communication department. Metrics are initially showing positive results in citizen, employee and media engagement including an increase in Twitter followers by 25% and an increase in YouTube subscribers by 293% since October 1, 2014. A variety of communication projects are on the horizon including a comprehensive website redesign, municipal television studio renovation and advertising campaign to increase direct citizen engagement with the City. It has been evident with the initial results that citizens are receptive to engaging with the City and further work is to be done. Conclusion The reorganization of the Communication Department has made progress in improving overall City communications. The department foundation has been established and initial results show a positive trend in citizen engagement. AGENDA MEMORANDUM City Council Meeting of June 16, 2015 DATE: June 10, 2014 TO: Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager sthorpe@cctexas.com (361) 826-3898 Homeless Solutions Update STAFF PRESENTER(S): Name 1. Susan K. Thorpe OUTSIDE PRESENTER(S): Name BACKGROUND: Title/Position Department Assistant City Manager Executive Title/Position Organization City staff will present an update regarding Homeless Solutions Vision and Strategies to the City Council for discussion and direction. The initial presentation was made to the City Council in May 2014. It represented extensive work by a team of city staff members. Over the past 12 months, staff has engaged community partners and stakeholders to review the draft and provide input to an inclusive set of strategies for the community A number of individuals provided their suggestions and vital input into this initiative: • Mark Schauer, Pat Eldridge and Denise Pace from the Police Department • Eddie Ortega and Rudy Bentancourt from Housing & Community Development • The Homeless Issues Partnership • Diane Lowrance and board member Abel Alonzo of the Behavioral Health Center • Patty Clark and Karlene Lewis of Metro Ministries • Terry Ray and Jesse Elizondo of Salvation Army • Linda McKamie and Betty Berry of Catholic Charities • Judy Telge and Jeff Pollack of the Bay Area Smart Growth Initiative The updated Vision and Strategies are attached to this agenda item. LIST OF SUPPORTING DOCUMENTS: • Presentation - Homeless Solutions Update • Memo — Vision and Strategies • Handout — Homelessness Types & Reasons HOMELESSNESS — Types and Reasons Source: NationalHomeless.org THREE TYPES OF HOMELESS — chronic, transitional, and episodic - follows: CHRONIC HOMELESSNESS • Persons most like the stereotyped profile of the "skid -row" homeless, who are likely to be entrenched in the shelter system and for whom shelters are more like long- term housing rather than an emergency arrangement. These individuals are likely to be older, and consist of the "hard-core unemployed", often suffering from disabilities and substance abuse problems. Yet such persons represent a far smaller proportion of the population compared to the transitionally homeless. TRANSITIONAL HOMELESSNESS • Transitionally homeless individuals generally enter the shelter system for only one stay and for a short period. Such persons are likely to be younger, are probably recent members of the precariously housed population and have become homeless because of some catastrophic event, and have been forced to spend a short time in a homeless shelter before making a transition into more stable housing. Over time, transitionally homeless individuals will account for the majority of persons experiencing homelessness given their higher rate of turnover. EPISODIC HOMELESSNESS • Those who frequently shuttle in and out of homelessness are known as episodically homeless. They are most likely to be young, but unlike those in transitional homelessness, episodically homeless individuals often are chronically unemployed and experience medical, mental health, and substance abuse problems. WHY ARE PEOPLE HOMELESS? 1. Housing - A lack of affordable housing and the limited scale of housing assistance programs have contributed to the current housing crisis and to homelessness. Recently, foreclosures have also increased the number of people who experience homelessness. The National Low Income Housing Coalition estimates that the 2013 Housing Wage is $18.79, exceeding the $14.32 hourly wage earned by the average renter by almost $4.50 an hour, and greatly exceeding wages earned by low income renter households. 2. Poverty - Homelessness and poverty are inextricably linked. Poor people are frequently unable to pay for housing, food, childcare, health care, and education. Difficult choices must be made when limited resources cover only some of these necessities. Often it is housing, which absorbs a high proportion of income that must be dropped. If you are poor, you are essentially an illness, an accident, or a paycheck away from living on the streets. 1 In 2011, the official poverty rate was 15.0%. There were 46.2 million people in poverty. Two factors help account for increasing poverty: • Lack of Employment Opportunities — With unemployment rates remaining high, jobs are hard to find in the current economy. Even if people can find work, this does not automatically provide an escape from poverty. • Decline in Available Public Assistance — The declining value and availability of public assistance is another source of increasing poverty and homelessness and many families leaving welfare struggle to get medical care, food, and housing as a result of loss of benefits, low wages, and unstable employment. Additionally, most states have not replaced the old welfare system with an alternative that enables families and individuals to obtain above -poverty employment and to sustain themselves when work is not available or possible. Other major factors that can contribute to homelessness include: 3. Lack of Affordable Health Care — For families and individuals struggling to pay the rent, a serious illness or disability can start a downward spiral into homelessness, beginning with a lost job, depletion of savings to pay for care, and eventual eviction. 4. Domestic Violence — Battered women who live in poverty are often forced to choose between abusive relationships and homelessness. In addition, 50% of the cities surveyed by the U.S. Conference of Mayors identified domestic violence as a primary cause of homelessness (U.S. Conference of Mayors, 2005). 5. Mental Illness — Approximately 16% of the single adult homeless population suffers from some form of severe and persistent mental illness (U.S. Conference of Mayors, 2005). 6. Addiction — The relationship between addiction and homelessness is complex and controversial. Many people who are addicted to alcohol and drugs never become homeless, but people who are poor and addicted are clearly at increased risk of homelessness. Who Experiences Homelessness? Persons living in poverty are most at risk of becoming homeless, and demographic groups who are more likely to experience poverty are also more likely to experience homelessness. Yet because of methodological and financial constraints, most studies are limited to counting persons who are in shelters or on the street. While the Census Bureau has taken a series of innovations to better incorporate the homeless population, these procedures continue to undercount this group by failing to visit many locations 2 with homeless populations. Additionally, different governmental agencies often present different estimates/counts, making the figures on homelessness inconclusive. Housing and Urban Development's Point -in -Time Survey, January 2013: • HUD found 610,042 individuals to be homeless on a single night in January 2013. Most homeless persons (85%) are individuals while 15% of homeless persons are in family households. • 33% of all homeless people were youths under the age of 24. • 57,849 veterans, overwhelmingly 92% male, were homeless on a single night in January 2013. 60% were residing in shelters or transitional housing programs, while 40% were without shelter. • 48% of homeless individuals (without families) were found to be living without shelter. • Families experiencing homelessness made up 50% of those who were sheltered. • Five states, California (22%), New York (13%), Florida (8%), Texas (5%), and Massachusetts (3%), accounted for more than half of the homeless population in the United States in 2013. Where Do People Experience Homelessness? Homelessness is often assumed to be an urban phenomenon because homeless people are more numerous, more geographically concentrated, and more visible in urban areas. However, people experience the same difficulties associated with homelessness and housing distress in America's small towns and rural areas as they do in urban areas. In urban areas, estimates commonly rely on counts of persons using services. However, by this measure, homeless persons in rural areas are likely substantially under -counted due to the lack of rural service sites, the difficulty capturing persons who do not use homeless services, the limited number of researchers working in rural communities, and the minimal incentive for rural providers to collect data on their clients. Rural homelessness, like urban homelessness, is the result of poverty and a lack of affordable housing, and research has shown: • The odds of being poor are between 1.2 to 2.3 -times higher for people in non - metropolitan areas than in metropolitan areas • 1 in 5 non -metro counties is classified as a 'high poverty' county (having a poverty rate of 20% or higher), while only 1 in 20 metro counties are defined as such • Homeless people in rural areas are more likely to be white, female, married, currently working, homeless for the first time, and homeless for a shorter period of time 3 MEMORANDUM To: Ron L. Olson, City Manager From: Susan K. Thorpe, Assistant City Manager Date: June 10, 2015 Subject: Homeless Solutions Vision and Strategies A presentation regarding a proposed Homeless Solutions Vision and Strategies was made to the City Council in May 2014. It represented about eight months of work by a team of City staff members. Since that time, we engaged community partners and stakeholders to review the draft, provide input and develop a more inclusive set of strategies for the community. I would like to recognize a number of individuals who provided their suggestions and vital input into this initiative: • Floyd Simpson, Mark Schauer, Pat Eldridge and Denise Pace of the Police Department • Eddie Ortega and Rudy Bentancourt of the Housing & Community Development Department • The Homeless Issues Partnership board and general membership • Diane Lowrance and board member Abel Alonzo of the Behavioral Health Center • Patty Clark and Karlene Lewis of Metro Ministries • Terry Ray and Jesse Elizondo of Salvation Army • Linda McKamie and Betty Berry of Catholic Charities • Judy Telge and Jeff Pollack of the Bay Area Smart Growth Initiative The vision, strategies and expected outcomes shown below are the result of their hard work. Homeless Solutions Vision and Strategies Vision: Corpus Christi is a community that addresses and prevents homelessness while enhancing the overall community's quality of life. We will achieve this vision working together through public/private partnerships. Homeless Solutions Strategies: 1. Advocate for the City to: • enforce existing ordinances more vigorously and enact additional Quality of Life ordinances as needed to limit or prohibit loitering, panhandling, vagrant behaviors or illegal activity. • develop appropriate zoning and other regulations regarding the location of facilities serving the homeless population. 1 • make changes to City Hall property to enhance business image and public access to City services, while reducing opportunities for loitering, vagrant behaviors or illegal activity. • create pathways and incentives to increase the availability of affordable, accessible, integrated permanent housing. • concentrate City and federal funding toward achievement of the partnership's vision and strategies. 2. Support acquisition of a location for coordinated provision of support services through homeless service providers. The location of this service hub will be located away from Downtown/Uptown to facilitate integration of social services and promote revitalization of these areas. 3. Solicit new revenue streams to achieve the partnership's vision and strategies. 4. Educate the public regarding these strategies to reduce homelessness, showcasing stories of those who have successfully transitioned from homelessness into productive society. 5. Establish a Sobriety Center/Crisis Stabilization Center (operated by a healthcare organization) as a jail diversion program for individuals typically arrested for public intoxication or mental illness - related minor offenses. Secure support for this jail diversion program from City of Corpus Christi, Nueces County, Behavioral Health Center, Nueces County Hospital District, the Courts and other parties with a role, responsibility and/or interest in these functions and services. Expected Outcomes: 1. Social service agencies are cooperating, without competing or duplicating efforts, to provide a full spectrum of services to address the root causes of homelessness, in addition to addressing current needs. 2. Corpus Christi is seen as an attractive community to local residents, businesses and visitors. 3. Corpus Christi is seen as a community that is working to reduce homelessness and address other social challenges in a progressive and equitable manner. 4. Corpus Christi streets are safe, functional and free of loitering and panhandling. 5. Feeding of people occurs in appropriate areas, with safe and sanitary conditions, appropriate receptacles for trash, and access to toilet facilities. 6. Those homeless individuals that want housing or shelter have access to it. 7. Permanent supportive housing is increased to meet the demand of those who identify and work toward that goal. 2 Homeless Solutions Vision and Strategies "Helping People to Help Themselves" June 16, 2015 Council Presentation Susan K. Thorpe, Assistant City Manager Homeless Solutions Actions since May 2014 • Homeless Summit, June 2014 • Multiple meetings with Homeless Issues Partnership, shelters, stakeholders and partners • Crisis Intervention Training for Police Officers • Pilot Pathways program — Police and Behavioral Health Center • Continuous "best practices" research Homeless Solutions Partners and Stakeholders Engaged: • Homeless Issues Partnership • Individual homeless service organizations • Downtown Management District • Uptown Neighborhood Initiative Homeless Solutions Partners and Stakeholders Engaged (continued): • Clergy Alliance and other churches • Behavioral Health Center • County and Hospital representatives • Individuals interested in serving those in need Homeless Solutions "Helping People to Help Themselves" Vision: Corpus Christi is a community that addresses and prevents homelessness while enhancing the overall community's quality of life. We will achieve this vision working together through public/private partnerships. Homeless Solutions 1000 900 800 700 600 500 400 300 200 100 0 Total Homeless Persons 2012 - 2015 1 2012 2013 2014 2015 Homeless Count Source: Point in Time survey results, compiled by Texas Homeless Network Homeless Solutions Three Types of Homelessness: 1. Chronic 2. Transitional 3. Episodic Source: NationalHomeless.org Homeless Solutions What Causes Homelessness? Source: NationalHomeless.org Homeless Solutions The City Has Three Tools to Address Homeless Issues: 1. Ordinances 2. Zoning 3. Funding Homeless Solutions Five Strategies to Achieve Vision 1. Advocate for the City to enact the proper tools and resources to achieve the vision Homeless Solutions Five Strategies (continued) 2. Support acquisition of a location for coordinated provision of support services. 3. Solicit new revenue streams to achieve the partnership's vision and strategies. Homeless Solutions Five Strategies (continued) 4. Educate the public, showcasing success stories. 5. Establish a Sobriety Center/Crisis Stabilization Center Homeless Solutions "Helping People to Help Themselves" Next Steps: 1. Bring ordinances and zoning recommendations to City Council 2. Conduct Tour of Haven for Hope in San Antonio 3. Identify location for future homeless service coordination 4. Identify and seek funding sources Homeless Solutions Thanks for your hard work! • Homeless Issues Partnership • Diane Lowrance and board member Abel Alonzo - Behavioral Health Center • Patty Clark and Karlene Lewis - Metro Ministries • Terry Ray and Jesse Elizondo - Salvation Army • Linda McKamie and Betty Berry - Catholic Charities • Judy Telge and Jeff Pollack - Bay Area Smart Growth Initiative • Mark Schauer, Pat Eldridge and Denise Pace - Police • Eddie Ortega and Rudy Bentancourt - Housing & Community Development Homeless Solutions Thank you