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HomeMy WebLinkAboutAgenda Packet City Council - 07/21/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, July 21, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. 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 Reverend Arthur Lane, St. Matthew Missionary Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Yasmine Chapman, Human Resources Director. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0758 Proclamation declaring July 26, 2015, "CHRISTUS Spohn Health System Day" Proclamation declaring July 26, 2015, "25th Anniversary of the Americans with Disabilities Act Day" Proclamation declaring July 30, 2015, "Feria De Las Flores Day" Proclamation declaring July 24-25, 2015, "Texas A&M Health Science Center 11th Annual Diabetes Conference Weekend" Swearing -In Ceremony for Newly Appointed Board, Commission and Committee Members Corpus Christi Page 1 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. 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. 2. 15-0757 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. Corpus Christi Page 2 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 I. BRIEFINGS: (ITEMS 3 - 5) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 3. 15-0478 Funding Options (Part 2) for Residential/Local Street Reconstruction Plan Attachments: Agenda Memo - Funding Options for Residential Local Street Reconstruction P Presentation - Residential Reconstruction - Finance Resources 072115 4. 15-0749 Fire Station #18 - Operational Staffing Attachments: Agenda Memo - Staffing Fire Station 18 Presentation - Staffing Fire Station 18 Informal Staff Report - Staffing Fire Station 18 (2) Map - Station Responses 2014 PNG file Map - Station Responses 2014 PDF file 5. 15-0766 City of Corpus Christi Code of Ethics Attachments: Agenda Memo - Code of Ethics .v5 07.21.15 Presentation - City Council Code of Ethics.v3 07.21.15.2 Improving the Ethics Code 07.21.15 ARTICLE V. - CODE OF ETHICS 07.21.15. J. MINUTES: 6. 14-1028 Regular Meeting of July 14, 2015. Attachments: Minutes - July 14, 2015 K. BOARD & COMMITTEE APPOINTMENTS: (NONE) L. 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. M. 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 Corpus Christi Page 3 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 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. 15-0594 Purchase of Specialized Equipment Motion authorizing the purchase of specialized equipment for a total amount of $73,521.16 utilizing funds from the U.S. Homeland Security FEMA for the FY 2013 Port Security Grant Program (PSGP) awarded to the City of Corpus Christi and budgeted in the Police Grant Fund 1061. Attachments: Agenda Memo - Specialized Equipment .docx 8. 15-0680 Purchase of two Wide Area Mowers and two Utility Tractors Motion approving the purchase of two Wide Area Mowers and two Utility Tractors from Deere and Company, Carey, North Carolina in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $194,008.10. Funds have been budgeted by the Parks and Recreation Department and Utilities Department in FY 2014- 2015. Attachments: Agenda Memo - Mowers and Tractors.docx Price Sheet - Mowers and Tractors.xlsx 9. 15-0681 Supply Agreement for Milk for the Elderly Nutrition Program (ENP) Motion authorizing the City Manager or designee to execute a supply agreement for milk with Hill Country Dairies, Inc., Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-3 for an estimated annual expenditure of $50,555.20, of which $8,425.86 is required for the remainder of FY 2014-2015. The terms of the contract shall be for twelve months with options to extend for up to two additional twelve-month period, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. Attachments: Agenda Memo - Milk.doc Bid Tabulation - Milk.xls 10. 15-0699 Resolution of support for the 2018 Texas Recreation and Park Society (TRAPS) Annual Institute Bid Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo. Corpus Christi Page 4 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Attachments: Agenda Memo - TRAPS 2018 Bid Resolution - TRAPS 2018 Bid 11. 15-0437 Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing an agreement with the CCCVB regarding the use of Convention Events Funds Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) pursuant to Texas Tax Code Section 351.101 and authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of Convention Events Funds. Attachments: Agenda Memo - CCCVB Resolution - Convention Visitors Bureau.docx Agreement - Convention Visitors Bureau.docx Budget - Convention Visitors Bureau.pdf 12. 15-0692 Second Reading Ordinance - Rezoning property located at 674 Flato Road (1st Reading 7/14/15) Case No. 0615-02 Orion Drilling Company, LLC: A change of zoning from the "IL" Light Industrial District to the "IH" Heavy Indusrial District resulting in a change to the Future Land Use Plan from light industrial to heavy industrial uses. The property is described as being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. Planning Commission and Staff Recommendation (June 3, 2015): Denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Attachments: Agenda Memo - Orion Drilling Company, LLC Ordinance - Orion Drilling Company, LLC2 SP Ordinance - Orion Drilling Company, LLC Zoning Report - Orion Drilling Company, LLC Aerial Map - Orion Drilling Company, LLC 13. 15-0693 Second Reading Ordinance - Rezoning property located at 4002 River Walk Drive (1st Reading 7/14/15) Case No. 0615-03 Coastal Signature Homes, LLC: A change of zoning from the "ON" Office 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 Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Signature Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 1, River Heights Subdivision ("Property"), from the "ON" Office 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 - Coastal Signature Homes, LLC Ordinance - Coastal Signature Homes, LLC Zoning Report - Coastal Signatures Homes, LLC Aerial Map - Coastal Signature Homes, LLC 14. 15-0694 Second Reading Ordinance - Rezoning property located at 450 Caribbean Drive and 3004 Jamaica Drive (1st Reading 7/14/15) Case No. 0615-05 Michael Havelka: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential uses. The property is described as being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. Corpus Christi Page 6 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), by changing the UDC Zoning Map in reference to 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Michael Havelka Ordinance - Michael Havelka Zoning Report - Michael Havelka Aerial Map - Michael Havelka 15. 15-0695 Second Reading Ordinance - Rezoning property located at 3410 Up River Road (1st Reading 7/*14/15) Case No. 0615-06 Roman Silguero: 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 to medium density residential uses. The property is described as being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. Planning Commission and Staff Recommendation (June 17, 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 Roman Silguero ("Owner"), by changing the UDC Zoning Map in reference to the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts ("Property"), 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. Corpus Christi Page 7 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Attachments: Agenda Memo - Roman Silquero Ordinance - Roman Silquero Zoning Report - Roman Silquero Aerial Map - Roman Silquero 16. 15-0696 Second Reading Ordinance - Rezoning property located at 3526 Holly Road (1st Reading 7/14/15) Case No. 0615-01 N.P. Homes, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Plan from medium density residential uses to commercial uses. The property is described as Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by N.P. Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 8, Block 1, Carroll Place Unit 7 ("Property"), from the "RM -1" Multifamily 1 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 - N.P. Homes, LLC Ordinance - N.P. Homes, LLC Zoning Report - N.P. Homes, LLC Aerial Map - N.P. Homes, LLC 17. 15-0666 Second Reading Ordinance - Accepting and appropriating grant funds for the Operation Stonegarden Grant Program (1st Reading 7/14/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY2014 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $285,951 in the No. 1061 Police Grants Fund. Corpus Christi Page 8 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Attachments: Agenda memo - Operation Stonegarden 07.14.2015 Ordinance - Operation Stonegarden FY14 - 2015 Grant Award - Operation Stonegarden CCPD Allocation - Operation Stonegarden 18. 15-0671 Second Reading Ordinance - Approving lease agreement for House of Rock 10 Year Anniversary Event (1st Reading 7/14/15) Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street. Attachments: Agenda Memo - House of Rock Ordinance - House of Rock Lease Agreeement - House of Rock Traffic Control Plan - House of Rock Map - House of Rock Temporary Street Closure Request - House of Rock 19. 15-0690 Second Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP) (1st Reading 7/14/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. Attachments: Agenda Memo - RSVP FedAward 45434 Ordinance - RSVP FedAward 45434 Notice of Grant Award - RSVP FedAward 45434 20. 15-0691 Second Reading Ordinance - Accepting and appropriating grant funds for the Senior Companion Program (SCP) (1st Reading 7/14/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Corpus Christi Page 9 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Attachments: Agenda Memo - SCP FedAward 2015 264007 Ordinance - SCP FedAward 2015 264007 Notice of Grant Award - SCP FedAward 2015 264007 21. 15-0667 Second Reading Ordinance - Closing a utility easement located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way (1st Reading 7/14/15) Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. Attachments: Agenda Memo - Brighton Park Ordinance - Brighton Park Aerial Map - Brighton 22. 15-0606 Second Reading Ordinance - Appropriating funding and approving a construction contract for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements (1st Reading 7/14/15) Ordinance appropriating $307,419.45 of anticipated revenues from the Corpus Christi Independent School District (CCISD) in Fund No. 3530 for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements project; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $307,419.45; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with CCISD for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. Attachments: Agenda Memo - Cimarron Lipes Traffic Signal Imps.docx Prosect Budget - Cimarron Lipes Traffic Signal Imps.xlsx Interlocal Cooperation Agreement - Cimarron Lipes Traffic Signal Imps.pdf Location Map - Cimarron Lipes Traffic Signal Imps Ordinance - Cimarron Lipes Traffic Signal Imps. Presentation - Cimarron Lipes Traffic Signal Imps.pptx 23. 15-0613 Second Reading Ordinance - Appropriating funds, approving interlocal agreements and authorizing a construction contract for Community Park Development and Improvements at LaRetama Park (1st Reading 7/14/15) Corpus Christi Page 10 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Park for the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). Attachments: Agenda Memo - La Retama Park Construction Ordinance - La Retama Park Construction.docx Prosect Budget - La Retama Park Construction.xlsx Interlocal Agreement with CCRTA.pdf Interlocal Agreement with DMD.pdf Location Map - La Retama Park Construction.pdf Presentation - La Retama Park Construction.pptx 24. 15-0431 Second Reading Ordinance - First Amendment Type A Agreement for HEB Grocery Company located on McCampbell Road (1st Reading 7/14/15) Ordinance approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. Attachments: Agenda Memo - HEB Ordinance - HEB Amendement - HEB signed by HEB N. PUBLIC HEARINGS: (NONE) Corpus Christi Page 11 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 O. REGULAR AGENDA: (ITEMS 22 - 24) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 15-0709 Second Reading Ordinance - Appropriating funds, authorizing a construction contract, and approving an agreement for South Staples Street from Morgan Avenue to IH 37 (Bond 2012) (1st Reading 7/14/15) Ordinance appropriating $771,036 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $6,557,836; 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 $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 for the total Base Bid plus deductive alternate 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $74,350 for South Staples Street from Morgan Avenue to IH 37 (Bond 2012) Attachments: Agenda Memo South Staples Street Ordinance - Staples Street Testing Agreement - Rock - South Staples Street Prosect Budget - South Staples Street from Morgan Avenue to IH 37 - with forme Location Map - South Staples from Morgan Avenue to IH 37 Interlocal Agreement - RTA - South Staples Street Presentation - South Staples Street 26. 15-0712 Resolution to begin annexation of 4.08 acres of land into the territorial limits of the City of Corpus Christi in Industrial District No. 1 Resolution declaring the City's intent to begin annexation of approximately 4.08 acres of land into the territorial limits of the City of Corpus Christi, directing city staff to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation. Attachments: Agenda Memo - Annexation Ind 1 Resolution -Annexation Ind 1 Annexation Schedule - Annexation Ind 1 Presentation - Annexation Ind 1 27. 15-0726 Interlocal Agreement for the County Road 52 Extension Phase 2 Corpus Christi Page 12 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 project Motion authorizing the City Manager, or designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County in an amount up to $2,000,000 for the County Road 52 Extension Phase 2 project for project -related activities. (Bond 2012) Attachments: Agenda Memo - County Road 52 Interlocal Agreement - County Road 52 Location Map - County Road 52 Extension CR to FM 1889 Presentation - Interlocal County Road 52 P. FIRST READING ORDINANCES: (ITEM 28) 28. 15-0711 First Reading Ordinance - Authorizing the City Manager or designee, to execute a surface easement abandonment agreement at 101 Ocean Way Ordinance authorizing the City Manager or designee, to execute a Surface Easement Abandonment Agreement ("Agreement")with Avinash C. Ahuja and Peggy B. Ahuja ("Permittees"), to construct and maintain a masonry brick wall, extending approximately 50 -square feet into the public right-of-way while occupying an additional 138 -square feet of public right-of-way (approximately 188 total square feet) of the present Ocean Way public street right-of-way, subject to Permittees' compliance with specified conditions. Attachments: Agenda Memo - 101 Ocean Way Ordinance w Agreement - 101 Ocean Way Revocable Surface Easement Abanc Location Map - 101 Ocean Way Q. FUTURE AGENDA ITEMS: (ITEMS 29 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 29. 15-0715 Supply Agreement for Food Items Motion authorizing the City Manager or designee to execute supply agreements with the following companies in the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-4 for food items, for an estimated six-month expenditure of $225,067.49, of which $75,022.49 is required for the remainder of FY 2014-2015. The terms of the contracts shall be for six months. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas Corpus Christi Page 13 Printed on 7/21/2015 City Council Meeting Agenda - Final July 21, 2015 140 Line Items $97,747.03 Grand Total: $225,067.49 142 Line Items $127,320.46 Attachments: Agenda Memo - Food Items.docx Award Summary - Food Items 30. 15-0723 Interlocal Agreement for a volumetric survey of Lake Corpus Christi Reservoir Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Water Development Board in the amount of $43,518 for a volumetric survey of Lake Corpus Christi Reservoir. Attachments: Agenda Memo - TWDB Prosect Budget - TWDB Location Map - TWDB Interlocal Agreement - TWDB Resolution - TWDB Presentation - TWDB 31. 15-0765 Supporting Downtown Management District's application for the Texas Historical Commission's Main Street Program Resolution authorizing participation as a Texas Main Street Urban City and designating city participation. Attachments: Agenda Memo - Main Street Application R. LEGISLATIVE UPDATE: Resolution - Main Street Application 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 14 Printed on 7/21/2015 AGENDA MEMORANDUM City Council Meeting of July 21, 2015 DATE: July 3, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 UPDATE TO CITY COUNCIL Funding Options (Part 2) for Residential/Local Street Reconstruction Plan STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P. E. Executive Director Public Works 2. Constance P. Sanchez Director Financial Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: This presentation is a follow up to the April 14, 2015 presentation of funding options to address the residential/local street reconstruction plan. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Residential/Local Street Reconstruction — Funding Options — Part 2 GaYOFco ny S .-1 LOCA! IMAIDEPRIAL Street Improvement Plan Residential/Local Reconstruction Funding Options - Part 2 Council Presentation July 21, 2015 Overview of Update 47, ➢ Paving Assessments ➢ Public Improvement Districts ➢ Industrial District Revenue ➢ Repurposing Sales Tax ➢ Type A Economic Development ➢ Legislative Issues ➢ Gas Tax ➢ Vehicle Registration ➢ Restore Act ➢ Municipal Management Districts ➢ Ad Valorem Tax Rate Increase Paving Assessments ➢ City Charter Article X, Section 1 and the Transportation Code give the authority to levy assessments for street improvements and allot a portion of the cost to the abutting property owner. ➢ The City's policy on assessments is set forth in in Section 49-21 of the City's Code of Ordinances. ➢ Corpus Christi has used paving assessments since the 1920's. ➢ Assessments in Corpus Christi have been on a voluntary basis whereby 50% or more of the true owners of property abutting a given street would file a petition to have their street reconstructed under what the City calls the "Voluntary Paving Assessment Program" (VPAP). 3 Paving Assessments ➢ Typically, a certain amount of bond funds would be allocated under the street proposition of a given bond ordinance to assist in providing the funding necessary to cover the City's share of the cost of the street improvements under the VPAP. ➢ The City of Corpus Christi has historically used paving assessments for reconstruction of residential streets and not for street maintenance - overlays and seal coats. ➢ Under the City's current ordinance, residents pays 100% of cost of curb and gutters; 90% of cost of pavement; 80% of cost of sidewalk; and 8% of cost of construction for engineering. Corpus Christi City Code (CCCC) Section 49-21 ➢ The amount of the assessment cannot exceed the special benefit that the property will receive in enhanced land value as a result of the improvements made. 4 Paving Assessments PRO's — Already have City ordinance CON's — Does not need a vote from the residents. The City can initiate process through involuntary assessments. — Paving liens are senior to mortgage liens. - Collection rate for the City's most recent assessment was 95% for Catcay improvements. — Establishing assessments is a cumbersome, multi -step process (ex. Bond 2008 assessments). — Does not go through the Tax Office and is not as efficient as levying a tax. — Cannot foreclose for non-payment on homesteads. Attorney General Opinion JC -0386 (2001) — Foreclosure process is judicial and very cumbersome. — Collection rate has been historically low. — Paving assessments can sit on the City's books for decades. — Value of assessments during initial appraisal process is difficult to determine. — Issuing debt for the improvements consumes the City's debt capacity. 5 Public Improvement Districts ➢ The Public Improvement District Assessment Act in Chapter 372 of the Local Government Code allows any city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ). ➢ A public improvement district (PID) may be formed for improvements to street and sidewalks; water, wastewater, health and sanitation or drainage improvements. ➢ Petition for creation of a PID must be made by over 50% of the true property owners in that area. ➢ The amount of the assessment is capped at the amount of benefit the property will receive as a result of the improvements made. ➢ There are currently no City policies established at this time addressing PID's. 6 Public Improvement Districts 41 - PRO's CON's - The Public Improvement District can pay for all improvements via revenue bonds and then assesses the residents in that district or on a pay-as-you-go basis. — Can go through the Tax Office by contract to add the assessment on the tax bill. — Texas public improvement liens are senior to mortgage liens. — The City's debt capacity is not affected. — Residents could pay 100% of the cost of the improvements. - PID's must be petitioned by over 50% of property owners. - Value of assessments during initial appraisal process is difficult to determine. - Cannot foreclose for non-payment on homesteads. Attorney General Opinion JC -0386 (2001) - Foreclosure process is judicial and very cumbersome. — The PID's revenue bonds could have a higher interest rate than that of the City's general obligation bonds. - PID revenues are considered City funds and must follow all State restrictions applicable to municipal funds. 7 Industrial District Revenue i*a ➢ Renegotiation of the City's industrial district agreements is anticipated to generate an additional $4,500,000 of payments in lieu of taxes beginning in Fiscal Year 2016 - from $6,100,000 of revenue to $10,600,000. ➢ Out of the $4,500,000 additional projected industrial district revenue generated from the "new" industrial district contracts, current City policy allocates $1,060,000 million for streets and the remaining $3,440,000 for additional General Fund needs. Industrial District Revenue • Sections 6 and 7 of the Fiscal Year 2015 Financial Budgetary Policy adopted by Resolution #030265 on August 26, 2014 address the funding level from the General Fund for Street Maintenance (Section 6) and for Residential/Local Street Capital Improvement Projects (Section 7). Revenue Source General Fund Transfer 5% of Industrial District Revenue Years 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL Property Tax 5% growth 4% growth 4% growth 3%3X growth 334%growth 3%growth 3%growth 3% growth 3%growth Sales Tax 3% growth 3% growth 3%% growth 334%growth 334%growth 334% growth 334%growth 334% growth 3%%growth $1,000,000 $1,000,000 $1,000,000 $ - $ - $ - $ 875,000 $1,800,000 $2,800,000 $2,800,000 $ 11,275,000 4% growth 4% growth 33X%growth 33£9e growth 3%growth 3%growth 3% growth 3% growth $ - $ 530,000 $ 551,200 $ 573,248 $ 593,312 $ 614,078 $ 632,500 $ 651,475 $ 671,019 $ 691,150 $ 5,507,981 Total $1,000,000 $1,530,000 $1,551,200 $ 573,248 $ 593,312 $ 614,078 $1,507,500 $2,451,475 $3,471,019 $3,491,150 $ 16,782,981 9 Repurposing Sales Tax ➢ April 1, 2018 * - Expiration of Economic Development 1/8 cent Type A sales tax used for the Baseball Stadium, Economic Incentives, and Affordable Housing ➢ August 15, 2016 - Last day to place an item on the November 2016 ballot ➢ November 7, 2016 - Election to renew or repurpose sales tax * Sales tax ($2,500,000 for the Baseball Stadium) could be repurposed to Type B sales tax for economic development. Could fund arterials and collectors but not most residential streets. * Sales tax could also be repurposed into a street maintenance sales tax for residential streets but would require renewal every four years. 10 Legislative Issues ➢ Gas tax ➢ Not yet legally available with this legislative session. ➢ Vehicle Registration Fee ➢ Not yet legally available with this legislative session. ➢ Restore Act ➢ BP Environmental Damage Fund from Deepwater Horizon. ➢ Distributed by the State of Texas Office of the Governor. ➢ Infrastructure projects are eligible for some of the funding. ➢ Municipal Management Districts 11 Legislative Issues (cont'd) ➢ Legislatively -created Municipal Management District(s) (MMD's) — Based on Tex. Local Gov't Code 375.001, et. seq., with legislative changes — Have assessment and taxing authority — Can be created by TCEQ, but only one created in TCEQ's history because of statutory limitations on TCEQ-created MMD's — Statutory limitations of Ch 375 to be modified by legislation • Appointment of Directors from slate provided by MMD -board • Inability to tax or assess residential property without election of voters (TLGC 375.161) — Almost exclusively created by special act of Legislature — Legislative MMD's are often used as basis for downtown development districts — City control of board possible with special legislation — Still a separate governmental unit ➢ Bracketed change to Tex. Local Gov't Code 375 to allow neighborhood MMD's ➢ TCEQ may disapprove applications under current Chapter 375 12 Ad Valorem Tax Increase rcarOcc% 4 ➢ Options 1-4 below pertain to street funding only and do not include any utility costs. ➢ Option 5 includes utility costs. Debt Funded Cash Funded Scenario Proposed Bond Proposition TOTAL Funding from Ad Valorem Taxes Impact on Ad Valorem Tax Rate Total Ad Valorem Tax Rate Impact on Ad Valorem Tax Rate Total Ad Valorem Tax Rate 1 2 3 4 5 $150 million $200 million $300 million $800 million $1.6 billion $15 million for 10 years $20 million for 10 years $30 million for 10 years $25 million for 32 years $50 million for 32 years + $0.046 + $0.054 + $0.076 + $0.062 + $0.142 $0.652717 $0.660423 $0.681925 $0.668197 $0.748610 + $0.088 + $0.118 + $0.176 + $0.147 + $0.294 $0.694264 $0.724264 $0.782264 $0.753264 $0.900264 * * - capped at $0.870264 Cash Funding Available ➢ Maintain General Fund contribution outlined in Financial and Budgetary Policy ➢ Maintain Industrial District Revenue outlined in Financial and Budgetary Policy ➢ Repurpose the baseball stadium portion of the 1/8 cent Type A sales tax in April 2018 Revenue Source General Fund Transfer 5% of Industrial District Revenue Repurpose of Type A Sales Tax GRAND TOTAL Years 2015 2016 2017 2018 2019 TOTAL $1,000,000 $1,000,000 $1,000,000 $ $ - $ 3,000,000 - $ 530,000 $ 530,000 $ 530,000 $ 530,000 $ 2,120,000 - $ 1,250,000 $ 2,500,000 $ 3,750,000 $1,000,000 $1,530,000 $1,530,000 $ 1,780,000 $ 3,030,000 $ 8,870,000 14 Funding Options - Part 2 Residential/Local Reconstruction Discussion OF GORUSC IMP ROVE0�¢ Extending the life of our streets. 15 AGENDA MEMORANDUM City Council Meeting of July 14, 2015 DATE: TO: July 8, 2015 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361)826-3932 Fire Station #18 — Operational Staffing STAFF PRESENTER(S): Name 1. Robert Rocha 2. 3. OUTSIDE PRESENTER(S): Title/Position Chief Department Fire Name Title/Position Organization 1. 2. 3. BACKGROUND: Fire Station 18 was approved by the voters in a bond package in 2008. However, the approval of the construction of this station did not include operational staffing costs or capital equipment needs required for opening a new fire station. This briefing will include five alternatives to cover operational staffing and capital equipment costs. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Fire Station #18 — Operational Staffing Informal Staff Report Map — Station Responses 2014 Fire Station #18 - Operational Staffing Council Presentation July 14, 2015 Background In 2008, the voters of Corpus Christi approved a bond package that included the construction of a new fire station on Ayers Road between Holly and Saratoga. The project called for the construction of a new station to improve coverage and response times. 1 History There has been a prolong time period between bond passage and construction: 1. Bond Package financed the capital construction costs but did not identify how operational costs would be covered. a. The operational impact called for 15 FTE plus costs for contractual services, supplies, and station utilities. b. Cost of capital equipment (fire truck) was also not included. c. Since operational costs were not budgeted, the City could not build a fire station with no firefighter allocation. 2. During contract negotiations (2014), the Corpus Christi Professional Firefighters Association (Union) had proposed minimum staffing requirements for all new fire companies; however earlier this year, the Union withdrew the mandatory staffing proposal, allowing the City to maintain its Management Rights regarding staffing. 2 Capital Bond Project - 2008 The Fire Station #18 Project has enough financial resources to pay for the capital construction costs, therefore the Fire Department submits the following alternatives to cover operational staffing and capital equipment costs. 4 Option #1 • Increase the authorized budgeted complement by 15 FTE's from 414 firefighters to 429. ($1,248,559) + overtime • Operational costs for contractual services, supplies, and station utilities ($100,000) • Purchase a new fire truck ($625,000) • Budgetary Impact: $1,973,559 • Tax Impact: 1.3 cents (0.013) • Current tax rate = .585264 5 Option #1 - Advantages ➢ Places fire station in operation as approved by the voters ➢ Increase the number of advanced life support (ALS) fire companies in service from 22 to 23 and maintains the current ambulance complement (11) ➢ Supports overall Fire Department mission to reduce response times and increase response capability on the west side of the City. ➢ Reduces call volume for the highest volume Fire Stations #8 (Kostoryz) and #10 (Greenwood) ➢ Positive impact on Insurance Service Organization (ISO) rating worksheet 6 Option #1 - Disadvantages ➢ Financial Impact = $1,973,559 in first year for staff and fire truck, subsequent years will incur personnel costs and normal operational cost for supplies/ utilities, etc. ➢ Tax Impact = 1.3 cents (.013) Option #2 • Increase daily staffing from 96 to 100 personnel on a daily basis using existing personnel - ($1,460,000 overtime liability) - As staffing improves through regular hiring, overtime liability decreases. • Equipment - Usage of existing fleet with no additional costs • Budgetary Impact: $1,460,000 • Tax Impact: 1 cent (.01) 8 Option #2 - Advantages ➢ Increase daily staffing from 96 to 100 personnel on a daily basis using existing personnel - ($1,460,000 overtime liability) - As staffing improves through regular hiring, overtime liability decreases. ➢ Equipment - Usage of existing fleet with no additional costs ➢ Reduces call volume burden on Fire Stations #8 and #10 ➢ Positive impact on Insurance Service Organization (ISO) rating worksheet 9 Option #2 - Disadvantages ➢ Financial Impact = $1,460,000 overtime liability ➢ Reduction in reserve fleet ➢ Tax Impact = 1 cent (.01) Option #3 • Increase daily staffing from 96 to 98 personnel on a daily basis using existing personnel - ($730,000 overtime liability) - As staffing improves through regular hiring, overtime liability decreases • Move Engine 16 located on Mustang Island and crew to Fire Station #18 located on Ayers Road between Holly and Saratoga (cost neutral) • Open Paramedic Rescue Squad 16 and staff Fire Station #16 with 2 personnel • Budgetary Impact: $730,000 • Tax Impact: 1/2 cent (.005) Option #3 - Advantages ➢ Utilizes existing personnel to operate Fire Station #18 ➢ Maintain all current fire stations with staffing ➢ Opens new Paramedic Rescue Squad for Fire Station #16 ➢ Fire Truck and Rescue Squad vehicle already part of fleet - no new apparatus needed Option #3 - Disadvantages ➢ Financial Impact = $730,000 overtime liability ➢ Reduces personnel/capabilities on Mustang Island to a 2 person Rescue Squad ➢ No Corpus Christi Fire Department fire suppression apparatus (fire truck) at the station ➢ Negative impact on Insurance Service Organization (ISO) rating worksheet ➢ Tax Impact =1/2 cent (.005) 13 Option #4 • Close Fire Station #16 on Mustang Island • Move assets from Fire Station #16 on Mustang Island including vehicles and personnel (cost neutral) to Fire Station #18 on Ayers Road • Maintain daily staffing of 96 (cost neutral) • Budgetary Impact: 0 • Tax Impact: 0 14 Option #4 - Advantages ➢ Financial Impact = $0 ➢ Utilizes existing personnel from Fire Station #16 to operate Fire Station #18 Option #4 - Disadvantages ➢ Eliminates Fire Department presence on Mustang Island ➢ Increases response times on Mustang Island ➢ Negative impact on Insurance Service Organization (ISO) rating worksheet 16 Option #5 • Move Engine 101 from Fire Station #1 located at 520 Belden to Fire Station #18 on Ayers Road • Budgetary Impact: 0 • Tax Impact: 0 17 Option #5 - Advantages ➢ Financial Impact = $0 ➢ Utilizes existing personnel from Fire Station #1 to operate Fire Station #18 Option #5 - Disadvantages ➢ Reduces Fire Department personnel/capabilities Downtown/North Beach/ Port Industries ➢ Increases response times ➢ Negative impact on Insurance Service Organization (ISO) rating worksheet 19 Recommendation Option #1 INFORMAL STAFF REPORT MEMORANDUM To: Ron L. Olson, City Manager Thru: Margie Rose, Deputy City Manager Susan Thorpe, Assistant City Manager — Public Safety From: Robert A. Rocha, Fire Chief Date: July 6, 2015 Subject: Fire Station #1 8 -Operational Staffing Issue/ Problem In 2008, the voters of Corpus Christi approved a bond package that included the construction of a new fire station on Ayers Road between Holly and Saratoga. The project called for the construction of a new station to improve coverage and response times. History of the Issue There has been a prolong time period between bond passage and construction. This is due to a variety of reasons: 1. The 2008 Bond Package financed the capital construction costs but did not identify how operational costs would be covered. In the project description, the operational impact called for 15 FTE + costs for contractual services, supplies, and station utilities. Of note, cost of capital equipment (fire truck) was also not included. Since no operational costs were budgeted, it was difficult for the City to build a fire station with no allocation for firefighters. 2. During contract negotiations (2014), the Corpus Christi Professional Firefighters Association (Union) had proposed minimum staffing requirements for all new fire companies (4 — person staffing). This would have caused a mandatory staffing of all new companies with 4 firefighters, thus forfeiting Management Rights to staff and equip the Fire Department as the City sees fit. Earlier this year, the Union withdrew the mandatory staffing proposal, allowing the City to maintain its Management Rights. Alternatives The Fire Station #18 Project has enough financial resources to pay for the capital construction costs, therefore the Fire Department submits the following alternatives to cover operational staffing and capital equipment costs. Option #1 • Increase the authorized budgeted complement by 15 FTE's from 414 firefighters to 429. ($1,248,559) + overtime • Operational costs for contractual services, supplies, and station utilities ($100,000) • Purchase a new fire truck ($625,000) • Budgetary Impact: $1,973,559 • Tax Impact: 1.3 cents (0.013) • Current tax rate = .585264 Advantages Places fire station in operation as approved by the voters Increase the number of advanced life support (ALS) fire companies in service from 22 to 23 and maintains the current ambulance complement (11) Supports overall Fire Department mission to reduce response times and increase response capability on the west side of the City. Reduces call volume on heavy call volume Fire Stations #8 (Kostoryz) and #10 (Greenwood) Positive impact on Insurance Service Organization (ISO) rating worksheet Disadvantages Financial Impact = $1,973,559 in first year for staff and fire truck, subsequent years will incur personnel costs and normal operational cost for supplies/utilities, etc. Tax Impact= 1.3 cents (.013) Option #2 • Increase daily staffing from 96 to 100 personnel on a daily basis using existing personnel — ($1,460,000 overtime liability) — As staffing improves through regular hiring, overtime liability decreases. • Equipment — Usage of existing fleet with no additional costs • Budgetary Impact: $1,460,000 • Tax Impact: 1 cent (.01) Advantages Increase the number of advanced life support (ALS) fire companies in service from 22 to 23 Supports overall Fire Department mission to reduce response times and increase response capability on the west side of the City. p Reduces call volume burden on Fire Stations #8 and #10 p Positive impact on Insurance Service Organization (ISO) rating worksheet Disadvantages )> Financial Impact = $1,460,000 overtime liability );> Reduction in reserve fleet ;> Tax Impact= 1 cent (.01) Option #3 • Increase daily staffing from 96 to 98 personnel on a daily basis using existing personnel — ($730,000 overtime liability) — As staffing improves through regular hiring, overtime liability decreases • Move Engine 16 located on Mustang Island and crew to Fire Station #18 located on Ayers Road between Holly and Saratoga (cost neutral) • Open Paramedic Rescue Squad 16 and staff Fire Station #16 with 2 personnel • Budgetary Impact: $730,000 • Tax Impact: 112 cent (.005) Advantages );> Utilizes existing personnel to operate Fire Station #18 );> Maintain all current fire stations with staffing )> Opens new Paramedic Rescue Squad for Fire Station #16 p Fire Truck and Rescue Squad vehicle already part of fleet — no new apparatus needed Disadvantages p Financial Impact = $730,000 overtime liability p Reduces personnel/capabilities on Mustang Island to a 2 person Rescue Squad );> No Corpus Christi Fire Department fire suppression apparatus (fire truck) at the station );> Negative impact on Insurance Service Organization (ISO) rating worksheet ;> Tax Impact= 112 cent (.005) Option #4 • Close Fire Station #16 on Mustang Island • Move assets from Fire Station #16 on Mustang Island including vehicles and personnel (cost neutral) to Fire Station #18 on Ayers Road • Maintain daily staffing of 96 (cost neutral) • Budgetary Impact: 0 • Tax Impact: 0 Advantages ),> Financial Impact = $0 );> Utilizes existing personnel from Fire Station #16 to operate Fire Station #18 Disadvantages );> Eliminates Fire Department presence on Mustang Island p Increases response times on Mustang Island ;> Negative impact on Insurance Service Organization (ISO) rating worksheet Option #5 • Move Engine 101 from Fire Station #1 located at 520 Belden to Fire Station #18 on Ayers Road • Budgetary Impact: 0 • Tax Impact: 0 Advantages );> Financial Impact = $0 ;> Utilizes existing personnel from Fire Station #1 to operate Fire Station #18 Disadvantages )> Reduces Fire Department personnel/capabilities Downtown/North Beach/Port Industries p Increases response times );> Negative impact on Insurance Service Organization (ISO) rating worksheet Recommendation Option 1 Fire Stations - 2014 Nueces Bay -71 I Corpus Christi Bay Legend Major Streets Streets Water Fire Station Buffers (1.5 mile) Proposed Fire Station Buffer (1.5 mile) Fire Stations 0 Ambulance !' No Ambulance 0 Proposed Station Laguna Madre Gulf of Mexico Th Fire Stations - 2014 Nueces Bay Corpus Christi Bay Legend Major Streets Streets Water Fire Station Buffers (1.5 mile) Proposed Fire Station Buffer (1.5 mile) Fire Stations O Ambulance ® No Ambulance O Proposed Station Laguna Madre Gulf of Mexico AGENDA MEMORANDUM City Council Meeting of July 21, 2015 DATE: July 17, 2015 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 City of Corpus Christi Code of Ethics STAFF PRESENTER(S): Name 1. Miles Risley 2. Lisa Aguilar Title/Position Department City Attorney Legal Department Assistant City Attorney Legal Department BACKGROUND: The last amendments to the Code of Ethics were approved in 2012. On March 10, 2015, the City received the Jon Mureen report on improving the City's Code of Ethics. On March 11, 2015, the report was referred to the Ethics Commission for consideration. This item is the Legal Department overview of the Mureen report. At meeting on July 16, 2015, the Ethics Commission did not complete its review of the Mureen report. The Ethics Commission requested that this item be removed from the City Council agenda, requested the references to the Ethics Commission be removed from the overview of the Mureen report; and indicated intent to designate counsel as needed to assist the Ethics Commission in accordance with City ordinance. LIST OF SUPPORTING DOCUMENTS: Powerpoint - Overview of Mureen City Code of Ethics Report Jon Mureen report — "Improving the Code of Ethics" Current Code of Ethics Rules of Conduct Overview of Mureen City Code of Ethics Report Council Presentation July 21, 2015 15-0766 2015-019 Simplify definition for Conflict of Interest C: "Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the City that could influence an individual's ability to make an impartial decision." M: "Any economic benefit" LDR: OK Expand "circle of influence" C: Employee/Official, spouse, parent, child, siblings, in-laws M: Laredo/San Antonio: • Grandchildren/grandparents • Clients & clients of spouse/child • Employers & Employers of spouse/child • Entity in which official has policy making position • Official/spouse offered/sought employment 1 yr • Official/spouse ongoing business negotiations with entity LDR: OK, with knowledge requirement — to add predictability Attendance at meeting C: If conflict, official must disclose, abstain, not participate in discussion. M: If conflict, official must also not be present during the discussion. Unintended consequence: Official may not immediately realize during a meeting that conflict exists during meeting discussion; also impacts consent portion of agenda LDR: OK only with knowledge requirement. Gifts -Prohibitions C: (6) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (11 Specific exceptions allowed.) M: Recommends City forbid any gift from people with business before the city, regardless of intent, unless it only has nominal or token value. LDR: OK, but nominal value amount should be defined & added as exception to gift provision to provide certainty Additional Mureen Gift Recommendations C: Gift Exception ---Any solicitation for civic or charitable causes. M: Mureen suggests forbidding charitable solicitation from subordinates or people with business before the city. LDR: OK but could limit solicitations for worthy causes M: Follow San Antonio example: Require covered persons to take "reasonable steps" to persuade family/business associate from accepting/soliciting prohibited gift LDR: Vague. What is a "reasonable step"? Avoidance of Special Privileges -acquiring new property interest M: Add "Do not acquire any interest that you have reason to believe could be affected by city action (e.g. land affected by zoning proposal)." Unintended consequence: Potentially affects any land acquisition and a wide variety of contractual interests LDR: Do not adopt -too vague Avoidance of special privileges - nepotism C: CCCC § 39-363(d) prohibits supervising relatives M: Amend code to prohibit official/employee from supervising a family member LDR: Not required Avoidance of representing private interests C: You may not represent any other person or entity in action adverse to the city. Council members may not speak to boards or commissions except on behalf of own financial interest. M: 1) Do not represent anyone before the body you sit on, or its staff or reviewers M: 2) Do not represent anyone for compensation anywhere before the City (Exception for volunteer board members) LDR: OK, expands current CCCC § 2-311 (10-11, 17). Mureen recommendations: prohibit improper access and improper disclosure of information C: "You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law." M: 1) "Do not use official position to obtain information about a person other than for performing official duties." M: 2) "Do not disclose confidential information relating to city affairs that you obtain through your position." M: 3) Add provision that there is continued duty of confidentiality. LDR: OK with limitation to confidential information. Otherwise innocent questioning of staff could lead to alleged violation. Mureen Recommendations re Former Officials C: Employees may not represent others concerning project on which they worked within 12 months of leaving city employment M: To prohibit former official/employee from having economic interest in contracts they participated in awarding. LDR: Need a time limitation for predictability. Currently, one year. Additional time period would add monitoring burden for City. Financial Disclosure C: Requires disclosure of income sources which exceed 10% of gross income, or $5,000 in salary, bonuses, commissions or fees, or $20,000 in payment for goods, products or services. M: Consider lowering the required disclosure amounts. LDR: OK, but we should consider matching the city ordinance and city required forms with similar state requirements Financial disclosure C: Disclose information regarding "any business with which official was actively engaged or associated" M: Disclose information regarding "any business with which you are associated or hold any kind of position" LDR: This appears to be a non -substantive change; no reason to adopt Recommendations regarding Ethics Commission C: Requires majority vote of Council with cause to remove M: Require 2/3 vote of the Council to remove Commissioner LDR: OK, 2/3 vote w'out ref to cause provides more predictability M: Add specific provision for recusal of a commissioner with a conflict of interest LDR: Unnecessary. EC procedures contain recusal provision. M: Violation to communicate with EC re pending item LDR: Unnecessary. CCCC § 2-331 addresses Recommendations to improve complaint process, make less risky for complainant C: After hearing, if groundless, subject to payment of atty costs M: Make lesser sanctions (fine) available if groundless LDR: OK M: Before finding a complaint "groundless" give the filer a chance to explain himself at a "show cause" hearing. LDR: Unnecessary because EC recently developed procedures to address, and fee shifting only occurs after hrg Recommendations to improve the complaint process M: Consider a financial reward to winners to offset the risk of paying fees in a loss. LDR: Strongly recommend against adoption; paying fact witnesses would damage their credibility and could increase number of frivolous complaints. No cities we rev'd do this. C: Standard is preponderance of the evidence. M: Establish a standard for judging the merits of the complaint. LDR: Unnecessary. Preponderance of the evidence is already the standard. CCCC §2-332(b) Recommendations to improve the complaint process C: EC has power to subpoena witnesses and records if a complaint proceeds to a hearing. M: Give Commission power to investigate and compel evidence. LDR: Unnecessary. EC already authorized under CCCC §2-333. Recommendations to improve the complaint process M: Consider keeping the complaint confidential. LDR: OK but enforceability of Mureen recommended confidentiality provision is limited by Texas Public Information Act and Open Meetings Act. Sanctions for violations C: EC notifies CM of any findings of violations and recommends sanctions. M: Give EC power to warn or reprimand directly while leaving the removal power to the Council. LDR: OK C: Describes types of possible sanctions against Council member or Council appointee/confirmee, none for employee M: Prescribe clearer standards for when different types of sanctions are appropriate. LDR: Unnecessarily ties hands of disciplining entity Sanctions for violations M: Add language to encourage civil suits to redress violations. LDR: Not recommended; Civil suits are not available for most violations. C: Violation does not render action of the city voidable unless action would not have been approved without vote of the person who violated the conduct. CCCC (Section 2-313). M: Consider making all contracts voidable; require affirmative vote on whether to void offending contract. LDR: Unnecessary; similar to current ordinance which provides for voidability Additional Ethics Decision Points Ethics Commission Recommendations • Allow unsworn complaints • Clarify Rules of Conduct are in 2-311, not preamble • Clarify that complainee has 10 calendar days to respond • Reduce # of votes to find violation to majority of quorum • Clarify to whom Ethics Commission provides recommendation Non EC recommendation: Number of complainants necessary to execute complaint PRIVILEGED AND CONFIDENTIAL PROVING THE ICS COD presentation for Councilwoman 3rolyn Vaughn r Jon Mureen Goals for Ethics Codes Hallmarks of Good Codes Analysis of Corpus Christi Code, Loopholes Comparison to Other Cities Recommendations and Conclusions WHY AN ETHICS CODE? Ensure good government (no corruption) Inspire confidence (no appearance of corruption) Give clear guidance to officials Clear Standards For: Conflicts of Interest (Economic Benefits) Gifts Favoritism and Special Privileges Undue Influence (advancing private interests) Disclosure Requirements to Facilitate Enforcement Enforcement Tools Independent Commission Empowered Commission Transparent and Fair Complaint Process Rules that are Suited to Context ONFLICTS OF INTEREST proper Economic Benefits Clearly define what is forbidden Official action That could give economic benefit To the official or others in his sphere Distinct from general public NFLICTS OF INTEREST RUL When official and personal interests collide Prescribe how to handle conflict PUS CHRISTI CONFLICT OF INTEREST STANDARD: OOD 2-311(8) a contract or business transaction involving ity, in which you or one of your relatives a conflict of interest or potential conflict of =st comes before you in the performance of official duties, you shall take the following ns: Immediately make a written disclosure of 'our interest in the matter to the city ecretary and city manager. ii) Abstain from any vote or decision. ii) Not participate in any discussion on the natter with members of the council, the city nanager, or city employees. Solid instruction on how to address con PUS CHRISTI CONFLICT OF INTEREST STANDARD: OOD 2-311(8) a contract or business transaction involving ity, in which you or one of your relatives a conflict of interest or potential conflict of =st comes before you in the performance of official duties, you shall take the following ns: Immediately make a written disclosure of 'our interest in the matter to the city ecretary and city manager. ii) Abstain from any vote or decision; and ii) Not participate in any discussion on the natter with members of the council, the city nanager, or city employees. Could be a little clearer PUS CHRISTI CONFLICT OF INTEREST STANDARD: OOD 2-311(8) a contract or business transaction involving ity, in which you or one of your relatives a conflict of interest or potential conflict of =st comes before you in the performance of official duties, you shall take the following ns: Immediately make a written disclosure of 'our interest in the matter to the city ecretary and city manager. I i) Abstain from any vote or decision; and ii) Not be present for or participate in any iscussion on the matter with members of the ouncil, the city manager, or city employees. Could be a little clearer And a little stronger. PUS CHRISTI CONFLICT OF INTEREST STANDARD' S FOR IMPROVEMENT 2-311(8) a contract or business transaction involving ity, in which you or one of your relatives a conflict of interest or potential conflict of est comes before you in the performance of official duties, you shall take the following ns: Immediately make a written disclosure of 'our interest in the matter to the city ecretary and city manager. ii) Abstain from any vote or decision. ii) Not participate in any discussion on the natter with members of the council, the city nanager, or city employees. What is a "conflict of interest"? Sec. 2-312: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substar interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. What "could influence an individual's ability to make an impartial decision"? Not defined. PUS CHRISTI CONFLICT OF INTEREST STA S FOR IMPROVEMENT 2-311(8) a contract or business transaction involving ity, in which you or one of your relatives a conflict of interest or potential conflict of =st comes before you in the performance of official duties, you shall take the following ns: Immediately make a written disclosure of 'our interest in the matter to the city ecretary and city manager. ii) Abstain from any vote or decision. ii) Not participate in any discussion on the natter with members of the council, the city nanager, or city employees. What about financial interests of busin( partners? Clients? Employers? EDO AND SAN ANTONIO: AN OBJECTIVE D ral rule. To avoid the appearance and risk of priety, a City official or employee shall not take fficial action that he or she knows is likely to the economic interests of: 1 The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 3) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child (unless the child is a minor), spouse, r member of the household (unless member of household a minor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 "Economic interest" is broadly and objectively defined. Applies to any benefit No guessing about what could "influer Limited exceptions for charities and sm holdings in public corporations. s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict: The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child (unless the child is a minor), spouse, r member of the household (unless member of household a minor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). 1 EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUEN economic interests create a conflict: ) The official or employee; 2) His or her parent, child, spouse, or other family )ember within the second degree of consanguinity or ffinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child (unless the child is a minor), spouse, r member of the household (unless member of household a minor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). These are the only economic interests Corpus Christi addresses EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member rithin the second degree of consanguinity or affinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child (unless the child is a minor), spouse, r member of the household (unless member of household a minor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] Corpus Christi's definition of family is narrower than other cities.' Does not include: Grandparents Cousins Nephews/Nieces Aunts/Uncles Laredo goes even further (third degree) and reaches second cousins, great aunts, etc. s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 3) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child (unless the child is a minor), spouse, r member of the household (unless member of household a minor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child (unless the child is a minor), spouse, r member of the household (unless member of household a minor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a)(1 ) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child, spouse, or member of the ousehold (unless child or member of household is a iinor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] Official's employer s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child, spouse, or member of the ousehold (unless child or member of household is a iinor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a) (1) or (a) (2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) — (9)] Employers of immediate family s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). I EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 1) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child, spouse, or member of the ousehold (unless child or member of household is a iinor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a)(1) or (a)(2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the ersons listed in Subsections (a) (1) or (a) (2) holds an conomic interest as defined in Section 2-42 • • [(8) - (9)] Any entity in which the above people have a financial interest s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). I EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? The official or employee; ?) His or her parent, child, spouse, or other family member iithin the second degree of consanguinity or affinity; 3) His or her outside client; 4) A member of his or her household; 5) The outside employer of the official or employee or of is or her parent, child, spouse, or member of the ousehold (unless child or member of household is a )inor); 5) An entity in which the official or employee knows that my of the persons listed in Subsections (a)(1) or (a)(2) olds an economic interest as that term is defined in ection 2-42 7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons sted in Subsections (a)(1) or (a)(2) holds an economic Merest as defined in Section 2-42 • • [(8) - (9)] Any entity in which the above people have a financial interest And partners with those entities s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENC economic interests create a conflict? n entity for which the City official or employee serves as an officer tor or in any other policy making position; or 1 -profit board to which the official or employee is appointed by Council or City management to represent the best interests of the he action by the City official or employee as a member of the related to an item pertaining to the City, and the City official or ee would be involved in the negotiation, development or entation of that item on behalf of the City; or rson or entity with whom, within the past twelve (12) months: fficial or employee, or his or her spouse, directly or indirectly has: Solicited an offer of employment for which the application is still ending; Received an offer of employment which has not been rejected; Accepted an offer of employment; or fficial or employee, or his or her spouse, directly or indirectly d in negotiations pertaining to business opportunities, where such tions are pending or not terminated. Entity for which you serve on a board or in in high-level management s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUEN. economic interests create a conflict? n entity for which the City official or employee serves as an officer tor or in any other policy making position; or 1 -profit board to which the official or employee is appointed by the uncil or City management to represent the best interests of the he action by the City official or employee as a member of the s related to an item pertaining to the City, and the City official or ee would be involved in the negotiation, development or entation of that item on behalf of the City; or rson or entity with whom, within the past twelve (12) months: fficial or employee, or his or her spouse, directly or indirectly has: Solicited an offer of employment for which the application is still ending; Received an offer of employment which has not been rejected; Accepted an offer of employment; or fficial or employee, or his or her spouse, directly or indirectly d in negotiations pertaining to business opportunities, where such tions are pending or not terminated. Entity for which you serve on a board or in in high-level management Includes non -profits s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? n entity for which the City official or employee serves as an officer for or in any other policy making position; or 1 -profit board to which the official or employee is appointed by Council or City management to represent the best interests of the he action by the City official or employee as a member of the related to an item pertaining to the City, and the City official or ee would be involved in the negotiation, development or entation of that item on behalf of the City; or rson or entity with whom, within the past twelve (12) months: ,fficial or employee, or his or her spouse, directly or indirectly has: Solicited an offer of employment for which the application is still ending; Received an offer of employment which has not been rejected; or Accepted an offer of employment; or fficial or employee, or his or her spouse, directly or indirectly d in negotiations pertaining to business opportunities, where such tions are pending or not terminated. Prospective employers s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). EDO AND SAN ANTONIO OGNIZE WIDER CIRCLE OF INFLUENCE economic interests create a conflict? n entity for which the City official or employee serves as an officer for or in any other policy making position; or 1 -profit board to which the official or employee is appointed by Council or City management to represent the best interests of the he action by the City official or employee as a member of the related to an item pertaining to the City, and the City official or ee would be involved in the negotiation, development or entation of that item on behalf of the City; or rson or entity with whom, within the past twelve (12) months: )fficial or employee, or his or her spouse, directly or indirectly has: Solicited an offer of employment for which the application is still ending; Received an offer of employment which has not been rejected; Accepted an offer of employment; or fficial or employee, or his or her spouse, directly or indirectly ,d in negotiations pertaining to business opportunities, where such tions are pending or not terminated. Prospective business partners s Code Sec. 2-43 (2013); see also Laredo Code of Ethics Sec. 2.01 (nearly identical). COMMENDATIONS REGARDIN CONFLICTS Clearly and objectively define what is a `Conflict" Any economic benefit Narrow exceptions Expand the covered "circle of influence" Use San Antonio and Laredo as a guide oiding appearance of impropriety • • T RULES: OBJECTIVES Gift ethics rules are primarily about preventing appearance of corruption Actual corruption (bribery, gratuities) is already a crime Based on intent to relate gift to official action Gift ethics rules are usually broader Prohibit gifts even with "innocent" intent Designed to strengthen public confidence But ethics can rules also make corruption harder No guessing about state of mind Best rules have: Broad prohibition against any transfer of material value Specific exemptions for inoffensive conduct. PUS CHRISTI'S SUBJECTIVE GIFT STANDARD IS INADEQUATE ra - v e ou shall not accept or solicit any money, ,)rty, service or other thing of value by way ift, favor, loan or otherwise that might Inably tend to influence you in the arge of your official duties or which you or should have known was offered with the to influence or reward your official uct. 31 1 (6) What could influence you? Open to interpretation. PUS CHRISTI'S SUBJECTIVE GIFT STANDARD IS INADEQUATE ra - v e Du shall not accept or solicit any money, ,)rty, service or other thing of value by way ift, favor, loan or otherwise that might nably tend to influence you in the arge of your official duties or which you or should have known was offered with the to influence or reward your official uct. 311 (6) What could influence you? Open to interpretation. Rule targets only actual corruption ECTIVE GIFT STANDARD OF OTHER CITI broad prohibitions against actual ption, plus -- City official or employee shall not solicit, cept, or agree to accept any gift or benefit, m. a. Any individual or entity doing or seeking to do business with the City; or b. Any registered lobbyist or public relations firm; or c. Any person or entity seeking action or advocating on zoning or platting matters before a City." :ept items of nominal value* and meals valued s than $50 (no more than $500 a year) han $50 in S.A.; less than $250 in Laredo Intent to influence not necessary. Note: El Paso prohibits gifts from anyone that exceed $75 (may be too strict) . tonio Code Sec. 2-45; Laredo Code Sec. 2.03; see also El Paso Ethics Ordinance Sec. 2.92.040. PUS CHRISTI'S SPECIAL APPLICATIONS (EXCEP al applicati:� � - I - ptab gifts asonable public awards for meritorious vices remonial and protocol gifts mission to events as a public official ins and scholarships given on same terms as general public closed travel expenses paid by third parties, hin limits is on special occasions provided the value fairly commensurate with the occasion and relationship" ny solicitation for civic or charitable causes." 311 (6) Other cities make these exceptions San Antonio and Laredo make the "special occasion" exception but El Paso does not Potential for abuse Consider limiting it to people without business before the city Charity solicitation subject to abuse. Consider forbidding solicitation from subordinates (see Laredo) or people with business before the city. COMMENDATIONS FOR GIFT RULES Forbid any gift from people with business before the city, regardless of intent, unless it has only nominal or token value. Consider narrowing the exceptions for special occasions and solicitations from people with city business. Require officials to encourage family members not to accept inappropriate gifts (see San Antonio, Laredo) . .41 ECTAL PRIVILEGES "Unfair Advancement of Private Interests" and "Favoritism" PUS CHRISTI RULES AGAINST SPECIAL P ral Rules >u shall not use your office for private ncement or gain or to secure special ages or exemptions for yourself or others. No showing favoritism to others or usin position to get special privileges >u shall not grant any special consideration, Consistent with the prevailing standarc nent or advantage to any person or group nd that which is available to others rally. 311 (1) - (2) PUS CHRISTI "SPECIAL APPLICATION" e special applications provisions explain how the general rules apply particular circumstances: Do not use city equipment/personnel/ resources for non -city business Do not use public money for political ads Unless a Council member, do not use the prestige of your position on behalf of any cause Do not use city position to engage in inappropriate personal relationships ese are good applications; not found in many codes. 11 (3)-(5) (paraphrased) ITIONAL SPECIAL APPLICATIONS OF OTHER CIT not acquire any interest that you have reason to believe could be fected by city action (e.g., land affected by zoning proposal). This is recommended Consider coupling with provision for recusal and disclosure E.g., Where member was already planning to buy property before proposed zoning change not hire or supervise family members Recommended o not agree to reciprocal favors Politics? If adopted, make clear this does not affect legislative negotiations in the public interest tonio Code Sec. 2-44; Laredo Code Sec. 2.02 (3)-(5) (paraphrased) PRESENTATION OF PRIVATE INTERESTS venting undue influence and the appearance o AT IS T CONCERN ABOUT PRIVATE INTERESTS? Advocating for a private citizen can give appearance of favoritism, special advantage, or corruption. Other city employees or other officials might feel pressured to favor the private citizen. RPUS CHRISTI'S PROHIBITIONS )u may not represent any other person or entity in an 1 ;tion adverse to the city (a common prohibition) not use the prestige of your position on behalf of any iuse (a common prohibition) )unci) members should not speak to any boards or )mmissions except on behalf of their own (disclosed) ancial interest. This is a good rule not found in other codes 311 (10-11, 17) DITIONA ' ROHIBITIONS OF OTHER CITIES Do not represent anyone before the body you sit on (or its staff or reviewers) Rationale: You carry too much influence there. Do not represent anyone for compensation anywhere before the City. Rationale: You should not represent private interests for pay when your duty is to the whole city. Gives appearance of being "for sale." Exception made for volunteer board members These prohibitions probably make sense for Corpus Christi. tonio Code Sec. 2-47; Laredo Code Sec. 2.05; see also El Paso Ethics Ordinance Sec. 2.92.050(P). ISCELLANEOUS RULES orpus General Ru N. outside mployment that is incompatible with your official duties or could impair judgment. (CC Sec. 2-31 1 (9) ) Other Citie Same general rule Plus a special application to consider: "A city official or employee shall not provide services to an outside employer related to the official's or employee's duties." (SA Sec. 2-48(b)). Depending on context, this could be impracticable. UTSIDE EMPLOYMENT orpus Christi Employees may not violate privacy or confidentiality of individuals. (CC Sec. 2-311(26)) [here is no rule governing how council and board members may use city business information. Other Cities Prohi Improper access: Do not use official position to obtain information about a person other than for performing official duties. (SA Sec. 2-46; Laredo Sec. 2.04(a)). Improper Disclosure: Do not disclose confidential information relating to City affairs that you obtain through your position. (SA Sec. 2-46; Laredo Sec. 2.04(a); EI Paso Sec. 2.92.050(E)). Similar prohibitions are recommended for Corpus Christi "Confidential information" should be carefully defined. ONFIDENTIAL INFORMATION or•us Christi No restrictions on former officials and employees RMER OFFICIALS Other Cities Continuing duty of confidentiality Recommended Do not take economic interest in contracts that you participated in awarding. Recommended Temporary restrictions on ability to represent private interests before the City (e.g., lobbying). First Amendment concern? No economic interest in any discretionary contract with City for 1 year after leaving office. (Exception for returning to former employer) Forbidden to take adverse position to City that is related to official's duties Forbidden to brag about special influence (SA Div. 3; Laredo Div. 3; El Paso Sec. 2.92.050(F) & 2.92.060 or•us Christi Lobbyists are required to register BBYING Other Cities Some cities require registration and others do not San Antonio and Laredo have more detailed requirements and restrictions. These may be more heavy-handed than Corpus Christi needs. If lobbying is an issue in Corpus Christi, a closer analysis of these provisions is recommended. (SA Div. 5; Laredo Div. 5) NANCIAL DISCLOSURE IDELINES FOR DISCLOSURE RULES nformation needed to enable enforcement E.g., Identify where are the official's "economic interests" to help know when recusal is required. Mirror conflict and gift rules E.g., If your relatives' financial interests create a conflict, name your relatives. Balance benefits and burdens of disclosure For example, Corpus Christi limits disclosure requirements to high level employees and officials. Good. You do not want so much burden that it discourages qualified office -seekers. But all public officials should expect some intrusion. ORPUS CHRISTI'S REQUIRED DISCLOSURES Basic personal and professional information Businesses in which you are "actively engaged or associated." "Actively" is open to interpretation. Change to: "businesses with which you are associated or hold any kind of position." Income sources exceeding: 100, or $5k salary, or $20k payment for goods and services. Thresholds reduce reporting burden but create loophole. To close loophole, official should also disclose - Any entity (plus its affiliates) in which she holds an economic interest. Significant economic interests of immediate family And consider lowering the thresholds Significant stock holdings -- value exceeding $5k or 100 ownership RPUS CHRISTI REQUIRED DISCLOSURES Real estat Material debts (exceeding Contracts with the City Boards of directors Gifts exceeding $200. This should mirror the "gift" rules. Currently, Corpus has no limit on gifts (except those intended to influence). Other cities set different value limits for gifts (e.g., $50, $75, or $250). See slide 35. Thresholds can vary depending on the type of gift. Like other cities, Corpus has disclosure rules for outside contractors, but they lack enforcement tools (e.g., business ban or voidability). ENERAL RECOMMENDATION After revising the ethical standards, revise the disclosure requirements to match. HICS COMMISSION LLMARKS OF EFFECTIVE ETHICS COMMISSIONS Independence Resources Authority Transparency Fair Procedures ERVIEW OF CORPUS CHRISTI ETHICS COM Composition Nine members loosely nominated by general public and approved by 2/3 majority of Council Three-year terms Removal by majority of Council "for cause." Role Advise on ethical issues Adjudicate ethics complaints Resources Assigned city staff and independent counsel; may seek advice from City Attorney. • YS TO IMPROVE INDEPENDENCE Formalize nomination and appointment process Prescribe Qualifications for Commissioners Corpus Christi prescribes no minimum qualifications Laredo, El Paso, and S.A. codes have several minimum qualifications. (E.g., relatives of councilmembers cannot serve.) But the normal appointment process may be sufficient Make it harder to remove commissioners from office Public hearing 2/3 majority vote Add special provision for recusal of commissioner where she has a conflict of interest. Make it an ethical violation for any employee or official to attempt to communicate with Commissioners about pending matters. ERVIEW OF COMPLAINT RESOLUTION PROCESS Complaints must be filed under oath Anecdotal evidence suggests that complaints are quite rare. Commission has discretion whether to hold a hearing. The standards and procedures governing its analysis are unclear If commission determines complaint is "groundless" (without a hearing), the complainant must pay attorney fees. If a hearing is granted, it must be expeditious There are no formal rules of procedure or evidence. If a violation is found, the Commission must state its findings in writing Commissioners may not have Ex Parte communications PROVING THE COMPLAINT PROCESS Make it less risky for a member of the public to come forward How does the Commission decide that a complaint is "groundless" make the complainant pay fees? Clearer standards help potential complainants know the risk of filing Other cities: Prescribe several factors and/or incorporate Texas law Make it harder to punish filer: complaint must be "groundless and brought in bad faith or for purposes of harassment" Before finding a complaint "groundless," give the filer a chance to explain himself (i.e., at "show cause" hearing). Make lesser sanctions available for groundlessness (e.g., a fine). Consider a financial reward to winners to offset the risk of paying fees in a loss. PROVING THE COMPLAINT PROCESS stablish a standard for judging the merits of a complaint E.g., What is the commission looking for in deciding whether to hold a hearing? Other cities use a "just cause" standard. Give commission power to investigate and compel evidence. Consider more detailed procedures Maybe not necessary yet given low volume of complaints in Corpus Christi And this could make the process more expensive by requiring lawyers. Require a written decision explaining why no violation was found. To protect the accused, consider keeping the complaint confidential until a decision is made (see San Antonio, Laredo). Balance against public interest in open government NCTIONS ajority of commission must vote to find an ethical violation Majority of commission must recommend a sanction While commission recommends sanctions, Council (or City Manager) exercises its "own judgment." Potential sanctions include "reprimand, temporary suspension, removal or any other sanction within the power of the city council, or recall by the citizens." City Manager has the power over lower level employees. Contract voidable only if it "would not have been approved without the vote" of the offender. Vague. Does this mean a majority of disinterested voters approved it? What about the effect of offender's participation in deliberations? How can the public be confident he did not influence the process? PROVING THE SANCTION DETERRENT Give Commission the power to warn or reprimand directly, while leaving removal to the Council Prescribe clearer standards for when different types of sanctions are appropriate (see other codes) Add language to encourage civil suits that redress violations. PROVING THE SANCTION DETERRENT Consider making all offending contracts voidable. Pros: Stronger deterrent Encourages recusal from discussions Con: Uncertain contracts could discourage potential city contractors from bidding. Alternatively, address vagueness of current provision on voidable contracts (compare corporate law). Require an affirmative vote on whether to void offending contract so issue is not "swept under the rug." ONCLUSIONS Corpus Christi's ethics code is a good start, but it has significant gaps that allow at (east an appearance of impropriety. The prohibition against conflicts of interest is much too narrowly drawn, allowing significant opportunities for abuse. Inadequate gift rules make corruption easier and allow at least an appearance of it. Financial disclosures fail to reveal potential conflicts. Corpus Christi's rules regarding special privileges, representation of private interests, confidentiality, and conduct of former officials can be improved. A stronger ethics commission and better complaint process would facilitate oversight and enforcement. ONCLUSIONS • Consider a comprehensive review to modernize and improve Code. • The Code been revised many times over the years and can be revised again. • Or consider replacing it with a new one modeled after San Antonio/Laredo. • Long term benefit: better organized, integrated, clearer, more comprehensive, and stronger foundation to build on. CITY OF CORPUS CHRISTI ARTICLE V. - CODE OF ETHICS FOOTNOTE(S): Editor's note -Ord. No. 20781, § 1, adopted Sept. 19, 1989, amended Art. V in its entirety to read as herein set out. Prior to inclusion of said ordinance, Art. V, §§ 2-311-2-322, 2-351-2-357, pertained to similar subject matter and derived from Ord. No. 17112, § 1(1)-(13), adopted July 7, 1982; Ord. No. 17234, § 1(A), (B), (D)4F), adopted Sept. 1, 1982; Ord. No. 17287, § 1, adopted Oct. 6, 1982; Ord. No. 17399, § 1, adopted Dec. 15, 1982; Ord. No. 17476, § 1, adopted Feb. 16, 1983; Ord. No. 20637, § 2, adopted March 28, 1989 and Ord. No. 20651, § 1, adopted Apr. 25, 1989. DIVISION 1. - RULES OF CONDUCT Sec. 2-310. - Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. If a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this Code of Ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18- 2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. Page 1 (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city -issued uniforms, badges, and other uniform attire, may use their city -issued radios, and may carry their city -issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city -issued uniforms, badges, and other uniform attire, and use their city -issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Gifts: (6) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) (a) Special applications. Subsection 2-311(5) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor (3) Page 2 (7) of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (8) (A) If a contract or business transaction involving the city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties, you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the city secretary and city manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the city manager, or city employees. (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (11) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. Page 3 (12) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (15) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (16) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (17) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (18) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (19) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) Is related to you within a degree described by Section 573.002, Texas Government Code; (2) Is your employer; (3) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (20) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (21) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: Page 4 (22) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. (23) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (24) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (25) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21- 1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 029467, § 1, 5-8-2012) Sec. 2-312. - Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. 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. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (3) Page 5 (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18- 2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-313. - Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-314. - Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. (Ord. No. 20781, § 1, 9-19-1989) Cross reference— Rules of conduct, § 2-311. Sec. 2-315. - Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, § 1, 9-19-1989) Page 6 Sec. 2-316. - Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. Governmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. (3) (5) Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. Page 7 (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to-day application, administration, or execution of city programs and policies. Subsection C. Registration. Page 8 (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C) any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. (Ord. No. 23772, § 3, 9-21-1999) Secs. 2-317-2-319. - Reserved. DIVISION 2. - ETHICS COMMISSION Sec. 2-320. - Establishment. An ethics commission is created and shall consist of nine (9) members. The city council shall solicit nominations for the ethics commission from a wide variety of professional and community organizations in the city. Interested individuals may also submit their names for consideration. Members of the commission may not hold or be a candidate for any city elected or appointed office. The city council shall appoint the members of the ethics commission by a two-thirds (2/3) vote of the full council. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-321. - Terms. Members shall hold office for three-year terms commencing October 1. In order to establish staggered terms, however, the initial terms of three (3) members shall be one year, and the initial terms of another three (3) members shall be two (2) years. The persons serving such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in this code of ethics. (Ord. No. 20781, § 1, 9-19-1989) Page 9 Sec. 2-322. - Removal. In addition to the council's usual powers of removal, members of the commission may be removed by a majority of the council for cause. In considering a complaint filed with the city secretary or on its own initiative, the council may follow the procedures hereinafter set forth regarding the disposition of such alleged violations. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-323. - Vacancies. All vacancies shall be filled for the unexpired terms. A member shall hold office until his successor has been appointed, and shall continue to hold office after his successor has been appointed for the limited purpose of disposition of all complaints filed and for which presentation of evidence was commenced during that member's term. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-324. - Chairperson; quorum. The commission shall elect a chairperson and a vice -chairperson. The vice -chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position. The officers of the commission shall serve one-year terms. A majority of the members of the commission shall constitute a quorum. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-325. - Meetings. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September as set by the commission. The commission shall comply with the Texas Open Meetings Act. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 23460, § 1, 10-13-1998; Ord. No. 24614, § 1, 10-9- 2001) Sec. 2-326. - Duties. (a) The commission shall, in addition to its other duties: (1) Review all proposed changes to this ordinance and make recommendations to city council before being placed on a city council agenda for action. (2) Prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics. Such materials shall include instructions to the public about how to obtain information such as financial disclosures, campaign reports, and the like from the city. Review all statements and reports filed with the city. (3) Page 10 (4) Annually review the code of ethics and make appropriate recommendations to the city council after conducting a public hearing on any such recommendations. (5) Review all public opinions related to the code of ethics that are issued by the city attorney. (6) Prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within thirty (30) days following the deadline for filing the last campaign finance reports for each city council election. For the purposes of this provision, a general election and run-off election shall be considered as a single city council election. (b) The commission may: (1) Adopt rules of procedure for the conduct of its business and to carry out the provisions of the code of ethics, consistent with the code of ethics and other applicable law. (2) Prepare reports and studies to advance the purposes of the code of ethics. (3) Request the city council and city manager to provide such assistance as it may require in the discharge of his duties. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 4, 8-18-2009) Sec. 2-327. - Staffing. The commission shall be assigned staff by the city attorney to assist in its duties. The commission shall also designate independent legal counsel, and when complaints are filed, such independent legal counsel may be utilized to advise the commission and participate in hearings. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-328. - Legal opinions and services. (a) Any council member, employee or board member may submit a written request to the city manager for an opinion concerning the meaning or effect of any section, word or requirement of the code of ethics as it affects such official, employee or board member. The city manager shall submit such request to the city attorney, who will promptly issue a written opinion to the city manager. Such opinion shall be filed with the city secretary with a copy to the requesting person shall constitute an authoritative determination of the meaning of this article, until amended by the council. (b) If a complaint is filed with the ethics commission about any specific action, omission or alleged conflict of interest by the charged person which has been the subject, in whole or in part, of a city attorney's opinion, the independent legal counsel shall act as the commission's attorney on said complaint. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-329. - Jurisdiction of commission. The ethics commission shall have jurisdiction of complaints involving any "city official" which includes the mayor and members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, department heads, and municipal court judges (including substitute judges), and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (Ord. No. 20781, § 1, 9-19-1989) Page 11 Sec. 2-330. - Complaints. (a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the rules of conduct alleged to have been violated and facts alleged to constitute the violation. (b) Upon the sworn complaint of any one (1) person filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this commission. In addition, the commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the city attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint. (c) A complaint alleging a violation must be filed with the city secretary within six (6) months from the date the complainants knew or should have known of the action alleged as a violation, and not afterward. (d) Not later than three (3) working days after the city secretary receives a sworn complaint, he or she shall acknowledge receipt to the complainants, and provide a copy to the city attorney, the commission and the person complained against. Not later than thirty (30) days after receipt of a complaint by the city secretary, the commission shall notify in writing the persons who made the complaint and the person complained against whether it intends to schedule a hearing or take other action concerning the complaint. The person complained against shall have ten (10) days to submit a written response to the complaint prior to the commission deciding whether to hold a hearing. The complainants shall have one opportunity within fifteen (15) days of any denial of their original complaint by the commission to amend their complaint and refile the same with the commission. (e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means (1) without basis or fact, or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist fora hearing. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20896, § 1, 3-27-1990; Ord. No. 23772, § 4, 9-21- 1999; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-331. - Ex parte communications. After a complaint has been filed and during the pendency of a complaint before the commission, a member of the commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the commission. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-332. - Hearing. (a) The hearing shall be held as expeditiously as possible following the determination by the commission to conduct a hearing on a particular matter. The commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the person complained against; provided, however, the commission may also delay commencement of a hearing for good cause such as a hurricane or unavailability of a material witness. (b) The issue at hearing shall be whether the violation alleged in the complaint occurred. The commission shall make its determination based on the preponderance of credible evidence in the record. All witnesses shall testify under oath. Strict rules of evidence shall not be required; however, Page 12 the commission shall require that all evidence be of such quality that persons customarily rely on in the conduct of serious affairs. If the commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provisions which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainants, the person complained against, and the city secretary. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-333. - Oaths. If a complaint proceeds to hearing, the commission may subpoena witnesses to attend and testify, administer oaths, take evidence and subpoena the production of books, papers, records or other evidence needed for the performance of the commission's duties or exercise its powers, including its duties and powers of investigation. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-334. - Sanctions. (a) If the commission determines that a violation occurred, it shall proceed directly to determine its recommendation of appropriate sanctions. The affirmative vote of a majority of the members holding office and qualified to vote shall be required for the determination that a violation has occurred and the recommendation any sanction under this code of ethics. The commission may receive additional testimony or statements before considering sanctions, but is not required to do so. (b) If the commission determines that a violation has occurred, it may recommend the following: (1) Against a council member or against a board member or city official appointed or confirmed by the council, reprimand, temporary suspension, removal or any other sanction or corrective action within the power of the city council, or recall by the citizens. (2) Against a city official other than those in (1), that appropriate action be taken, as deemed necessary by the city manager. (c) In determining its recommendation, the commission shall consider the seriousness of the violation, the importance of deterrence, the impact on public confidence in government, the violations' repeated or isolated nature, the mental state with which the violation was committed, and the prior record of the person complained against. The recommendation shall be reduced to writing and transmitted to the supervisory authority and to the person complained against. (d) If the commission finds that conduct occurred which, if willful, would violate the rules of conduct, but the commission cannot determine that the conduct was a willful violation because of ambiguity as to the meaning of the standard of conduct involved, the commission will recommend no sanction, but will issue a clarifying interpretation to guide future cases. (e) Nothing in the code of ethics shall change or affect the civil service, at will, or other status of any employee, city official, or board member as established by the City Charter and ordinances. The city council or supervisory authority shall consider the recommendation of the commission, but will exercise its own judgment and discretion in determining what action, if any, to take. If the commission determines that a violation of any criminal law has occurred, it shall deliver a copy of its findings to the complainants, the person complained against, and the city attorney, recommending whether prosecution should be initiated or setting forth requirements to be complied with in order that voluntary compliance requirements may be had. Said findings shall also be delivered to the county attorney or district attorney, if a violation may be within their jurisdiction. (f) (g) Page 13 (Ord. No. 20781, § 1, 9-19-1989) Secs. 2-335-2-339. - Reserved. DIVISION 3. - FINANCIAL DISCLOSURE Sec. 2-340. - Required reports. On or before the last Friday of April of each year, reporting officials shall file with the city secretary an annual report of financial information covering January 1 through December 31 of the previous year. Council members and planning commission members shall also file with the city secretary a supplemental report of financial information by the last Friday of July of each year covering the most recent January 1 through June 30. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-341. - Definitions. The following definitions shall apply to these financial disclosure provisions: Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, trust, company, corporation, association, committee, estate, receiver, entity or any other organization or group of persons acting in concert, whether profit or nonprofit. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, grandfather, son- in-law, daughter-in-law, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather -in-law, grandmother -in-law, uncle by marriage, aunt by marriage, nephew's wife, niece's husband, grandson -in-law, granddaughter -in-law, and first cousin's spouse, adoptive relationships being treated the same as natural relationships. Reporting official: The mayor and members of the city council, city manager, deputy and assistant city manager, city secretary, city attorney, department heads, municipal court judges (including substitute judges), and all members of the planning commission, ethics commission, civil service board, civil service commission, Corpus Christi Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Housing Improvement Corporation, Corpus Christi Industrial Development Corporation and the attorney who serves as local issuers counsel for and any executive employee hired by the above corporations. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-342. - Content of reports. The reports required shall contain the following information for the reporting period by separate listing. In this section, the report for the reporting official shall include all such information for the reporting official's spouse, but information relating to the spouse need not be segregated from that relating to the reporting official. (a) Name and residence address. (b) All professional, occupational, business licenses held by the reporting official. (c) The names of any businesses with which the reporting official was actively engaged or associated, and the principal address and phone number of each, together with the position or Page 14 title held. (This list should not include interests in or positions with any businesses which are required to be reported in other provisions of this section.) (d) The names and addresses of all sources of income which exceed ten (10) per cent of the reporting official's gross income, or five thousand dollars ($5,000.00) in salary, bonuses, commissions or professional fees, or twenty thousand dollars ($20,000.00) in payment for goods, products or non-professional services. If the reporting official is self-employed or owns or controls at least a twenty (20) per cent interest in a partnership, corporation or other entity through which the reporting official does business, the reporting official shall also report the names and addresses of the clients or customers who do business with the city from whom the reporting official, partnership, corporation or other entity received at least ten (10) per cent of its gross income. Prior to each reporting deadline, the city shall publish a list of the names and addresses of the persons who do business with the city in the amount of ten thousand dollars or more each year (excluding utility services or the payment of taxes) which reporting officials may rely upon for the purposes of complying with this provision. A reporting official operating a business as a sole proprietor shall not be required to report a client or customer under this subsection he or she would not have to report if operating as a corporation or partnership. (e) The names and addresses of all corporations, partnerships or other business organizations in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding five thousand dollars ($5,000) or equivalent to ten (10) per cent or more of the stock or equity in the entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business organization or funds received from business organization exceeds ten (10) per cent or more of the person's gross income for the previous year. An itemized list of all real property in Nueces County or any adjoining county in which the reporting official held any legal or equitable ownership with a fair market value of two thousand five hundred dollars ($2500.00) or more, The list shall include a description sufficient to locate the property. The name and address of any person to whom the reporting official was indebted in excess of ten thousand dollars ($10,000.00) together with the dates any such debts were incurred. "Indebted" includes obligations on which the reporting official is a guarantor or co-signer, in which case the names of the borrower and lender shall be listed. (f) (g) (h) The name and address of any person who is an obligor on any note, bond, loan or any other similar obligation, written or unwritten, owed to the reporting official which in the aggregate equal ten thousand dollars ($10,000.00) or more together with the dates of such obligations. (i) A list of all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. (j) All boards of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited partnerships, professional corporations, associations, or other entities, including non -business and non-profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. (k) The names and addresses of all persons from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, cumulatively exceeding two hundred dollars ($200.00) in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 5, 8-18-2009) Page 15 Sec. 2-343. - Financial disclosure by candidates. All candidates for city council shall file an annual report of financial information covering January 1 through December 31 of the previous year containing the information required by the above sections with the city secretary within five days after filing for office. If the deadline for candidate filing is after June 30, they shall also file a supplemental report of financial information. If any incumbent candidate has previously filed a report for the appropriate period(s), that report shall satisfy this section. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-344. - Reports to be sworn and maintained. All reports of financial information required by the code of ethics shall be sworn, and shall be preserved for five (5) years as public records. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-345. - Filing dates for reports. Reports required by this division must be physically filed with the city secretary by 4:45 p.m. on the day required for filing. When the day falls on an official city holiday as established by the city council, the deadline for receipt by the city secretary is extended to 4:45 p.m. of the next day which is not a Saturday or Sunday or official city holiday. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-346. - Failure to file report. The failure of a reporting official or employee to file a true and accurate report as required under this code of ethics shall constitute a violation of the rules of conduct. Failure to timely file a report by a member of the planning or ethics commission or the civil service board/commission shall constitute forfeiture of the office. Such forfeiture shall be automatic and immediate, except if state law requires a hearing, the forfeiture shall occur immediately upon a council determination of timely failure to file. In the event a person who has failed to file a required report no longer serves in an official capacity with the city, that person shall be barred from serving as an appointed officer, board member or employee of the city in the future until the required report has been filed. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 21195, § 1, 7-16-1991) Sec. 2-347. - Voluntary reports. Any city official, employee, or board member may file reports exceeding the requirements of the code of ethics, and said reports shall be preserved in the same manner as required reports. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-348. - Disclosure of gifts by employees. Any employee of the city other than reporting officials, whether under civil service or not, who received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities, or services, cumulatively exceeding two hundred dollars ($200.00) in value in any calendar year, from any Page 16 person (other than a relative) whose name is published in the list of persons doing business with the city under section 2-342(d), shall file a report of the names and addresses of such persons and the date and nature of each gift with the city secretary. The deadline for filing such reports shall be February 1 of each year; provided that, such a separate report shall not be required for any employee who is required to file a report as a reporting official. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-349. - Disclosure of interests by contractors. (a) Any business desiring city council, board, commission or committee consideration or action concerning that business (other than granting an electrician license, solicitation permit and approving a plat) shall, prior to its placement as an agenda item on the public notice of such body, file with the city (and if a vendor, file with the city's purchasing agent) a statement specifically naming any city employee, official and board member having an ownership interest in the business constituting three (3) per cent or more of the ownership, or having any pecuniary interest in the transaction or property which is the subject of consideration or action. (b) In the case of any business desiring to sell goods or services to the city (except when the value of the goods or services is not reasonably anticipated to exceed one hundred dollars ($100.00) per calendar year), but which does not require city council, board, commission or committee consideration or action, the business shall file with the city's purchasing agent a statement specifically naming any city employee, official and board member having any ownership into best in the business constituting three (3) per cent or more of the ownership, or having any pecuniary interest in the transaction. This provision does not apply to or include the purchase of magazine subscriptions and memberships in professional or trade organizations related to municipal operations. (c) For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange Commission Form 10-K is filed in lieu of the statements required by this section. (d) 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, he or she 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. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 6, 8-18-2009) Page 17 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, July 14, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Rick Milby, Abundant Life Fellowship. Pastor Rick Milby gave the invocation. Mayor Martinez expressed condolenses and prayers to Council Member Mark Scott for the loss of his father yesterday. C. Pledge of Allegiance to the Flag of the United States to be led by Elizabeth Hardin, Executive Assistant - Mayor's Office. Elizabeth Hardin, Executive Assistant - Mayor's Office led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the Council and required Charter Officers were present to conduct the meeting. (Note: Council Member Riojas arrived at 11:34 a.m.) 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 July 17, 2015, "David Music Awards Day" Proclamation declaring July 13-17, 2015, "Texas FFA Week" Proclamation declaring July 2015, "Parks and Recreation Month" Certificate of Commendation presented to the Top 3 Students from the 4th of July Essay Contest Corpus Christi Page 1 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Certificate of Commendation to Representatives Todd Hunter & Abel Herrero, Senator Juan "Chuy" Hinojosa, CC Chamber of Commerce, Charlie Zahn and Greg Smith for their involvement with Senate Bill 900, Texas Windstorm Insurance (to be presented at 1:00 PM in conjunction with Agenda Item 12) Mayor Martinez presented the proclamations. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. COMMENDATIONS FOR OUTSTANDING LITIGATION RESULTS City Attorney Risley presented commendations for outstanding litigation results received on four (4) major lawsuits to the following attorneys: outside counsel, John Martinez; Michael Meyers; and Mark DeKoch. Mayor Martinez thanked City Attorney Risley for his leadership. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and called for comments from the public. Shirley Thornton spoke regarding the Citizens Collection Center - Flour Bluff/Padre Island and requested clarification on the building process, the construction timeline, and the resident notification process. Rick Milby spoke regarding the City's Ethics Ordinance and requested that the Ethics Commission consider including language regulating one's ability to profit from information to which they are privy as part of their goverment service. Greg Smith reported on the Island Strategic Action Committee's June meeting: grant funding received from the Texas General Land Office (GLO) for beach renourishment and the committee's decision to defer making a recommendation on the proposed Plan CC 2035 Comprehensive Plan. Kinsey R. Hall spoke regarding police escort for veterans' burials and funeral homes displaying and acknowledging military service. James Sautter spoke in opposition to the Citizens Collection Center - Flour Bluff/Padre Island and expressed concern regaing the City's debt. Colin Sykes referred to a newspaper article reporting the return of Destination Bayfront as Bayfront Park. Mayor Martinez clarified that the park was named "Bayview Park" and was approved by the voters as part of the Bond 2008 Election. Lynn Fulton and Julia Fulton -Morales spoke regarding issues related to cases at Municipal Court. Carolyn Burger asked when the alarm permit contract was being considered and where payments for the permit and renewal are to be made. T.F. Smith, Russell Canales and Marco Martollini spoke regarding the proposed plans for the South Staples Street Project: reduction of lanes to one-way each direction and adding bike lanes. Carlos Torres, President of the Corpus Christi Firefighters' Association, referred to Item 40, Fire Station #18 Operational Staffing, and spoke in support to the Fire Department's proposal to Corpus Christi Page 2 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 build Fire Station #18 and Fire Chief Robert Rocha's recommendation that equipment and staffing for the new station be accomplished by Option #1. Abel Alonzo referred to Item 40, Fire Station #18, and spoke in support of waiting to build the station until it is needed and not raising taxes. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Olson reported on the following topics: b. OTHER 1) City Manager Olson stated that in addition to his personal vacation, he went to Henderson, Nevada to explore a job opportunity. In the process, City Manager Olson said he realized it was not an opportunity he wanted to take. City Manager Olson stated that he is glad to be in Corpus Christi and wants to reaffirm his commitment to the City Council. 2) Nueces County has set up a FEMA Disaster Recovery Center which opened on Monday, July 9th for homeowners, renters, and business owners who sustained damage as a result of the severe weather in May. 3) City Manager Olson introduced the new Parks and Recreation Director, E. Jay Ellington. 4) The second draft of the Plan CC 2035 Comprehensive Plan is out for public comment beginning July 6th though July 20th. Copies can be found at the public libraries or at www.plancc2035.com. The Planning Commission is scheduled to review the plan on August 12th and it is tentatively scheduled to be presented t the City Council on October 13th. I. MINUTES: 6. Regular Meeting of June 23, 2015 Mayor Martinez referred to approval of the minutes. Council Member Mark Scott made a motion to approve the minutes, seconded by Council Member Rudy Garza and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: 7. Clean City Advisory Committee Commission on Children and Youth Corpus Christi Business and Job Development Corporation (Type A) Mayor's Fitness Council Museum of Science and History Advisory Board Planning Commission Transportation Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Clean City Advisory Committee Council Member Magill made a motion to reappoint Chelsea Craig (Beautify CC), Micah Debenedetto (Comm. At Large), and Sharlene Walker (Comm. At Large), seconded by Council Member McIntyre and passed unanimously. Corpus Christi Page 3 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Council Member Magill made a motion to appoint Daniel R. Owen (Comm. At Large), seconded by Council Member McIntyre and passed unanimously. Council Member Magill made a motion to appoint Cynthia "Cindy" Hindman (Comm. At Large), seconded by Council Member Vaughn and passed unanimously. Commission on Children and Youth Council Member McIntyre made a motion to appoint Cassandra R. Huff (Youth), seconded by Council Member Riojas and passed unanimously. Corpus Christi Business and Job Development Corporation Council Member Magill made a motion to reappoint Gabriel Guerra and R. Bryan Gulley, seconded by Council Member McIntyre and passed unanimously. Mayor's Fitness Council Mayor Martinez made a motion to appoint Dr. Jacqueline Hamilton (Senior Initiatives), seconded by Council Member Magill and passed unanimously. Museum of Science and History Advisory Board Mayor Martinez made a motion to appoint Sonia Castillo (Business Community), seconded by Council Member Garza and passed unanimously. Planning Commission Council Member Magill made a motion to reappoint Jonas Chupe, Mike Lippincott, and Philip Ramirez, seconded by Council Member Garza and passed unanimously. Transportation Advisory Committee Council Member McIntyre nominated Elena J. Buentello. Council Member Garza nominated Mark R. Steck. Elena J. Buentello was appointed with Council Members McIntyre, Vaughn, Scott, Martinez, and Riojas voting for Elena J. Buentello and Council Members Rubio, Garza, Magill, and Rosas voting for Mark R. Steck. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 8 - 11) Approval of the Consent Aqenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Magill made a motion to approve the consent agenda items, seconded by Council Member Garza. The consent agenda was approved by one vote as follows: Corpus Christi Page 4 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 8. Engineering Contract - Master Services Agreement for Salt Flats Levee Certification, Phase 2 9. Motion authorizing the City Manager or designee to execute Master Services Agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $650,000 for the Salt Flats Levee System Certification, Phase 2 for a range of professional services related to the Flood Insurance Rate Map. This Motion was passed on the Consent Agenda. Enactment No: M2015-071 Amendment No. 1 to Engineering Design Contract for upgrades and repairs to the fire suppression and alarm systems at the Police Department Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with NRG Engineering from Corpus Christi, Texas in the amount of $48,880, for a total restated fee of $55,080, for the Corpus Christi Police Department (CCPD) Building Repair/Replacement project for upgrades and repairs to the fire suppression and alarm systems. This Motion was passed on the Consent Agenda. Enactment No: M2015-072 10. Engineering Construction Contract for Choke Canyon Dam Spillway Gate Rehabilitation Motion authorizing the City Manager or designee to execute a construction contract with Blastco Texas, Inc. of Houston, Texas in the amount of $2,655,800 for the Choke Canyon Dam Spillway Gate Rehabilitation for the Base Bid plus Additive Alternate No. 1. This Motion was passed on the Consent Agenda. Enactment No: M2015-073 11. Second Reading Ordinance - ratifying acceptance and Corpus Christi Page 5 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 appropriating grant funds for the Title XX Meals on Wheels Program Ordinance authorizing the City Manager or designee to execute all documents necessary to ratify acceptance of a $236,228 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services, Title XX Meals on Wheels Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030543 M. LEGISLATIVE UPDATE: (ITEM 12) 12. Legislative Wrap Up Report - 84th Regular Session of the Texas Legislature *This item will be discussed at approximately 1:00 PM* Mayor Martinez referred to Item 12. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to review the outcomes of the legislative session and other legislation impacting municipal government. Snapper Carr, Focused Advocacy was available to respond to questions. Mr. Tagliabue presented: an overview of the legislative session; the City of Corpus Christi's successful outcomes; defeated legislation that impacted cities; the major success for revenues, and highlighted the outcomes on: transportation; military communities; beach funding; windstorm insurance; oil and gas; changing deed restrictions; environment; higher education; sales taxes; property tax; city purchasing contracts; local debt reporting; and economic development; Mayor Martinez presented Certificates of Commendation to Representatives Todd Hunter and Abel Herrero and Senator Juan "Chuy" Hinojosa, the Corpus Christi Chamber of Commerce and Foster Edwards; and recognized Charlie Zahn and Greg Smith, for their involvement with Senate Bill 900, Texas Windstorm Insurance. N. PUBLIC HEARINGS: (ITEMS 13 - 17) 13. Public Hearing and First Reading Ordinance - Rezoning property located at 674 Flato Road Case No. 0615-02 Orion Drilling Company, LLC: A change of zoning from the "IL" Light Industrial District to the "IH" Heavy Indusrial District resulting in a change to the Future Land Use Plan from light industrial to heavy industrial uses. The property is described as being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Corpus Christi Page 6 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 13. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for the construction of a steel fabrication and assembly facility. Mr. Grimsbo said the Planning Commission and staff recommend denial of the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit subject to six (6) conditions. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council Member Rubio spoke in support of the zoning change. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 14. Public Hearing and First Reading Ordinance - Rezoning property located at 4002 River Walk Drive Case No. 0615-03 Coastal Signature Homes, LLC: A change of zoning from the "ON" Office 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 Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "ON" Office District to the Corpus Christi Page 7 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 "RS -4.5" Single Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Signature Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 1, River Heights Subdivision ("Property"), from the "ON" Office 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. Mayor Martinez referred to Item 14. Director of Development Services Dan Grimsbo stated the purpose of this item is to rezone the property to allow for construction of a single-family house. Mr. Grimsbo said that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. The 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 15. Public Hearing and First Reading Ordinance - Rezoning property located at 450 Caribbean Drive and 3004 Jamaica Drive Case No. 0615-05 Michael Havelka: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential uses. The property is described as being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), by changing the UDC Zoning Map in reference to 9.49 acres of land out of Lot 6, Tropic Corpus Christi Page 8 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 15. Director of Development Sevices Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow a 33 -unit single-family subdivision. Mr. Grimsbo said that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member 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 16. Second Reading Ordinance - Rezoning property located at 3410 Up River Road (1st Reading 7/*14/15) Case No. 0615-06 Roman Silguero: 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 to medium density residential uses. The property is described as being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. Planning Commission and Staff Recommendation (June 17, 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 Roman Silguero ("Owner"), by changing the UDC Zoning Map in reference to the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts ("Property"), 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 16. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property Corpus Christi Page 9 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 to allow for the development of a multifamily building. Mr. Grimsbo said that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza 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 17. Public Hearing and First Reading Ordinance - Rezoning property located at 3526 Holly Road Case No. 0615-01 N.P. Homes, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Plan from medium density residential uses to commercial uses. The property is described as Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by N.P. Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 8, Block 1, Carroll Place Unit 7 ("Property"), from the "RM -1" Multifamily 1 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 17. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for the development of a commercial retail use. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Rubio 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 10 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Abstained: 0 H. EXECUTIVE SESSION: (ITEMS 2 - 5) 2. 3. 4. 5. 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 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 litigation and other legal matters related to Municipal Court, including, but not limited to: Monica Lewis v. City of Corpus Christi, Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi, et al, Patrick Gonzales v. City of Corpus Christi, et al, and Michael Cantu v. City of Corpus Christi. This E -Session Item was discussed in executive session. Executive session pursuant to Section § 551.076 to deliberate the deployment or specific occasions for implementation of security devices, including descriptions of specialized surveillance equipment to be purchased pursuant to Homeland Security FEMA Port Grant. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential claim against City by Groomer's Seafood. This E -Session Item was discussed in executive session. O. REGULAR AGENDA: (ITEMS 18 - 22) 18. Second Reading Ordinance - Adopting the City of Corpus Christi's proposed FY2015-2016 Consolidated Annual Action Plan (1st Reading 6/23/15) Ordinance to adopt the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Corpus Christi Page 11 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 19. Investment Partnerships (HOME) Programs. To authorize the City Manager or designee to submit the FY2015-2016 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2015-2016 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2015-2016 CAAP with organizations of approved projects. Mayor Martinez referred to Item 18. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to adopt the 2015-2016 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Partnerships (HOME) Programs. Mayor Martinez called for comments from the public. Linda Fallwell Stover spoke on behalf of the Coastal Bend Center for Independent Living and asked the City Council to approve the funding consideration of $100,000. Ms. Stover said this funding would be used to provide wheelchair ramps and better accessibility to low-income people with disabilities. Council Member Rubio thanked Ms. Stover for providing information on how the funding would be spent. Mayor Martinez publicly thanked Community Development Administrator Rudy Bentancourt for his work on this item. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on second reading with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Abstained: 0 Enactment No: 030544 Council Member Scott Second Reading Ordinance - Amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding extension of Stage 2 best management practices (1st Reading 6/23/15) Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. Mayor Martinez referred to Item 19. Assistant Director of Environmental and Strategic Initiatives Dan McGinn stated that the purpose of this item is to amend the Water Resources Management ordinance. Mr. McGinn provided an overview of the changes made to the ordinance since the first reading on June 23rd: 1) the addition of the definition of reservoir capacity to the Drought Contingency Plan; and 2) proposed language by a wholesale customer to the Corpus Christi Page 12 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 ordinance to change the target goal under Stage 1. There were no comments from the Council or the public. Council Member Magill made a motion to approve the ordinance, seconded by Council Member McIntyre. The ordinance was passed on second reading and approved with the following vote: Martinez, Garza, Magill, McIntyre, Riojas, Rosas, Rubio and Vaughn voting "Aye"; Scott was absent. (Note: This item was reconsidered and amended after Item 22.) Enactment No: 030545 20. Appointment of Financial Advisor for Facility Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015 in an amount not to exceed $2,000,000. Mayor Martinez referred to Item 20. Director of Financial Services Constance Sanchez stated that Items 20 and 21 are related to the issuance of up to $2,000,000 of Certificates of Obligation to fund permanent public improvement to City facilities. Item 20 authorizes the appointment of M.E. Allison & Co., Inc. as financial advisor for this transaction and Item 21 is a request to publish a Notice of Intention to issue Certificates of Obligation in the Caller Times as required by the Texas Local Government Code. If the item is approved, publications will be scheduled for Sunday, July 19, 2015 and Sunday, July 26, 2015 and tentatively scheduled for City Council approval on August 18, 2015 and August 25, 2015. There were no comments from the public. Council members spoke regarding the following topics: the motion of direction made at the June 23rd City Council meeting to make senior centers a top priority; removing the Central Library project from the first year of funding; the assessment report being conducted by the Facilities Department; the roof and mold issues at the Northwest, Lindale, and Greenwood Senior Centers; the safety issue for seniors; the health issues related to the roof replacement at the Central Library; the age of the skylight at City Hall and the proposed improvements; the usability factor of the Central Library; the future of the library system; concern for the conditions at City Hall; the timeline for the structural assessment of the park facilities and programs; continuing to find ways to maximize the use of the facilities; and the number of Police Department officers housed at the Central Library. Regarding Item 21, Council Member Magill made a motion to amend the resolution and Notice of Intention to identify the following projects in traunch 1: Lindale Senior Center Roof and HVAC replacement and improvements, Northwest Senior Center Roof and HVAC replacement improvements, Greenwood Senior Center Roof and HVAC replacement and improvements, and City Hall - Skylight, seconded by Council Member Vaughn and passed unanimously. (Note: See passage of the resolution on Item 21.) Council Member Magill made a motion to approve the motion for Item 20, seconded by Council Member McIntyre. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Corpus Christi Page 13 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Absent: 1 - Council Member Scott Abstained: 0 Enactment No: M2015-074 21. Authorization for Certificates of Obligation for Facility Improvements Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. This Item was discussed during Item 20. There were no comments from the public. Council Member McIntyre made a motion to approve the resolution as amended, seconded by Council Member Magill. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030546 22. Refunding of Nueces River Authority (NRA) Water Supply Facilities Revenue Bonds Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Nueces River Authority Water Supply Facilities Revenue Refunding Bonds, Series 2015; and other matters in connection therewith. Mayor Martinez referred to Item 22. Director of Financial Services Constance Sanchez stated that the purpose of this item is to approve the issuance of refunding bonds for the Nueces River Authority that were originally issued in 1997 for the construction of Mary Rhodes Pipeline, Phase 1. The refunding is estimated to generate a net prsent refunding savings of $10.3 million or 14.2%. This savings is anticipated to lower the City's obligation for these bonds in the Water Fund by close to $1 million annually. There were no comments from the Council or the public. Council Member Garza made a motion to approve the resolution, seconded by Council Member Magill. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Corpus Christi Page 14 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 19. Abstained: 0 Enactment No: 030547 Second Reading Ordinance - Amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding extension of Stage 2 best management practices (1st Reading 6/23/15) Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. Mayor Martinez referred to Item 19. Council Member Garza made a motion to reconsider Item 19, seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to amend Section 55-153(b)(1) to add after "Target" "Because Stage 1 is always in effect, the water use in this stage will be the basis for reduction targets in more severe drought stages" and delete the remaining phrase in subsection (b)(1), seconded by Council Member McIntyre. The Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030545 P. FIRST READING ORDINANCES: (ITEMS 23 - 31) 23. First Reading Ordinance - Accepting and appropriating grant funds for the Operation Stonegarden Grant Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY2014 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $285,951 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 23. Assistant Police Chief Mark Gutierrez Corpus Christi Page 15 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 stated that the purpose of this item is to accept a grant from Nueces County in the amount of $285,951 for funding eligible under the FY2014 Department of Homeland Security Grant Program Operation Stonegarden. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 31. First Reading Ordinance - First Amendment Type A Agreement for HEB Grocery Company Located on McCampbell Road Ordinance approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. Mayor Martinez deviated from the agenda and referred to Item 31. Emily Martinez, Corpus Christi Regional Economic Development Corporation, stated that the purpose of this item is to approve the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (Type A) and HEB Grocery Company, LP in the amount of $250,000 for the reconstruction of McCampbell Road located in front of the HEB bakery. Ms. Martinez provided information as follows: the background of the project; the increased cost of infrastructure improvements; and a status of the project compliance. There were no comments from the public. Council members spoke regarding the following topics: other road projects approved by the Type A Board and the distinction between other road projects and the Junior Beck Road project. Council Member Magill made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 24. First Reading Ordinance - Approving lease agreement for House of Rock 10 Year Anniversary Event Corpus Christi Page 16 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street. Mayor Martinez referred to Item 24. Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to approve a lease agreement with Entertainment Showcase Inc. for the House of Rock 10 Year Anniversary event, related activities, and use of City property. The House of Rock will be charging for entry into the event. There were no comments from the public. Council members spoke regarding the following topics: the process for public events and the reason for the lease agreement. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 25. First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. Mayor Martinez referred to Item 25. Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate grant funding from the Corporation for National and Community Service for the Retired Senior Volunteer Program (RSVP). There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 26. First Reading Ordinance - Accepting and appropriating grant funds for the Senior Companion Program (SCP) Corpus Christi Page 17 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Mayor Martinez referred to Item 26. Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate grant funding from the Corporation for National and Community Service for the Senior Companion Program (SCP). There were no comments from the public. Council members spoke in support of the program. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 27. First Reading Ordinance - Closing a utility easement located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way. Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. Mayor Martinez referred to Item 27. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate a portion of an existing utility easement, located west of Rodd Field Road state right-of-way and north of the Airline Road public street right-of-way, to correct the location of the existing easement that was mistakenly overlooked the final plat. There were no comments from the public. In response to Council Member Vaughn, Mr. Dimas stated that both the City and the owner share the responsbility of mistakenly forgetting to correct the easement in the final plat. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Corpus Christi Page 18 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 28. First Reading Ordinance - Appropriating funding and approving a construction contract for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements Ordinance appropriating $307,419.45 of anticipated revenues from the Corpus Christi Independent School District (CCISD) in Fund No. 3530 for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements project; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $307,419.45; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with CCISD for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. Mayor Martinez referred to Item 28. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District (CCISD) for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and execute a construction contract with Austin Traffic Signal Construction Company for the installation of the traffic signals. Ms. Gray explained that CCISD will reimburse the City for 100% of the construction. The light is expected to be operational before August 24, 2015. Council members spoke regarding the following topics: continued cooperation with school districts; a mechanism to include the City in the process to address infrastructure needs when building new schools; and the additional street improvements needed to improve traffic. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Rosas. This ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 29. First Reading Ordinance - Appropriating funds, approving interlocal agreements and authorizing a construction contract for Community Park Development and Improvements at LaRetama Park Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management Corpus Christi Page 19 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Parkfor the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). Mayor Martinez referred to Item 29. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate revenue contributions from the Regional Transportation Authority (RTA) and the Corpus Christi Downtown Management District (CCDMD), approve interlocal agreements and execute a construction contract with McNamee Landscapes and Nursery, LLC for the Community Park Development and Improvements at La Retama Park. There were no comments the public. In response to Council Member Riojas, Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that staff has been working with the organizations that utilize the park to temporarily move their events to other locations. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Rubio and Council Member Scott Abstained: 0 30. First Reading Ordinance - Appropriating funds, authorizing a construction contract, and approving an agreement for South Staples Street from Morgan Avenue to IH 37 (Bond 2012) Ordinance appropriating $771,036 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $6,557,836; 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 $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 for the total Base Bid plus deductive alternate 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $74,350 for South Staples Street from Morgan Avenue to IH 37 (Bond 2012) Corpus Christi Page 20 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Mayor Martinez referred to Item 30. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate revenues from the Regional Transportation Authority (RTA), execute an Interlocal Agreement with the RTA for street improvements on Artesian and Mestina streets, and execute a construction contract with Berry Contracting, LP dba Bay Ltd. and construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. for South Staples Street from Morgan Avenue to IH 37. Senior Program Manager Jerry Shoemaker provided the following information on the project: the project scope for Bond 2012 Street Improvement - South Staples Street from Morgan Avenue to IH -37; the RTA project scope; the South Staples project location map; the projected cost estimates previously presented on April 21, 2015; the current budget; the construction award recommendations for concrete and hot mix asphalt concrete; the striping plan; and project schedule. There were no comments from the public. Council members spoke regarding the following topics: consideration for business owners' concerns on striping plan and bike lane; the City Council approving the final marking plan; safety concerns, studies performed; and level of service with three (3) lanes of traffic; the recommendation for asphalt/concrete mix; request for staff to provide the pros and cons of the striping plan; the traffic study performed on Staples Street; parking issues; recent improvements to Staples; the expected life cycle costs; proposed bike lanes on Alameda Street; concerns with RTA buses blocking traffic; including a discussion on emergency vehicle access during the next public meeting; the increase in the project budget; providing assurances to the public that the City has the ability to fund future Bond 2012 projects; change orders for Bond 2012 and 2014; the project timeline; and developing a policy for change order management for consideration. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 5 - Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Rosas Nay: 1 - Council Member Rubio Absent: 3 - Council Member Garza, Council Member Scott and Council Member Vaughn Abstained: 0 R. BRIEFINGS: (ITEMS 39 - 40) Mayor Martinez stated that Items 39 and 40 were being postponed until the July 28, 2015 Council meeting. 39. Funding Options (Part 2) for Residential/Local Street Reconstruction Plan This Presentation was tabled to July 28, 2015. 40. Fire Station #18 - Operational Staffing This Presentation was tabled to July 28, 2015. Corpus Christi Page 21 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 Q. FUTURE AGENDA ITEMS: (ITEMS 32 - 38) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 36 and 37. 32. Purchase of Specialized Equipment Motion authorizing the purchase of specialized equipment for a total amount of $73,521.16 utilizing funds from the U.S. Homeland Security FEMA for the FY 2013 Port Security Grant Program (PSGP) awarded to the City of Corpus Christi and budgeted in the Police Grant Fund 1061. This Motion was recommended to the consent agenda. 33. Purchase of two Wide Area Mowers and two Utility Tractors Motion approving the purchase of two Wide Area Mowers and two Utility Tractors from Deere and Company, Carey, North Carolina in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $194,008.10. Funds have been budgeted by the Parks and Recreation Department and Utilities Department in FY 2014- 2015. This Motion was recommended to the consent agenda. 34. Supply Agreement for Milk for the Elderly Nutrition Program (ENP) Motion authorizing the City Manager or designee to execute a supply agreement for milk with Hill Country Dairies, Inc., Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-3 for an estimated annual expenditure of $50,555.20, of which $8,425.86 is required for the remainder of FY 2014-2015. The terms of the contract shall be for twelve months with options to extend for up to two additional twelve-month period, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. This Motion was recommended to the consent agenda. 35. Resolution of support for the 2018 Texas Recreation and Park Society (TRAPS) Annual Institute Bid Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo. Corpus Christi Page 22 Printed on 7/16/2015 City Council Meeting Minutes July 14, 2015 This Resolution was recommended to the consent agenda. 36. Resolution to begin annexation of 4.08 acres of land into the territorial limits of the City of Corpus Christi in Industrial District No. 1 Resolution declaring the City's intent to begin annexation of approximately 4.08 acres of land into the territorial limits of the City of Corpus Christi, directing city staff to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation. This Resolution was recommended to the consent agenda. 37. Interlocal Agreement for the County Road 52 Extension Phase 2 project Motion authorizing the City Manager, or designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County in an amount up to $2,000,000 for the County Road 52 Extension Phase 2 project for project -related activities. (Bond 2012) This Motion was recommended to the consent agenda. 38. Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing an agreement with the CCCVB regarding the use of Convention Events Funds S. ADJOURNMENT Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) pursuant to Texas Tax Code Section 351.101 and authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of Convention Events Funds. This Resolution was recommended to the consent agenda. The meeting was adjourned at 7:23 p.m. Corpus Christi Page 23 Printed on 7/16/2015 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: July 14, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm(c�cctexas.com (361) 826-3169 Mike Markle, Interim Chief of Police mikema(c�cctexas.com (361) 886-2601 Purchase of Specialized Equipment CAPTION: Motion authorizing the purchase of specialized equipment for a total amount of $73,521.16 utilizing funds from the U.S. Homeland Security FEMA for the FY 2013 Port Security Grant Program (PSGP) awarded to the City of Corpus Christi and budgeted in the Police Grant Fund 1061. PURPOSE: The U.S. Department of Homeland Security awards annual grants to the State of Texas, who then awards sub -recipient grants to local jurisdictions. The current grant was accepted by the City Council on October 22, 2013. The purchase of this specialized equipment requires Council approval due to the to the associated dollar amount. BACKGROUND AND FINDINGS: The Port Security Grant Program (PSGP) grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness; including the security of the country's critical infrastructure. A 25% cash match is required which is available from the Law Enforcement Trust Fund. 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: Police Department 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 $269,862.87 0.00 $269,862.87 Encumbered / Expended Amount 90,876.05 0.00 90,876.05 This item 73,521.16 0.00 73,521.16 BALANCE $105,465.66 0.00 $105,465.66 Fund(s): Police Grants Fund No. 1061 Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: July 14, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager qabrielm@cctexas.com (361) 826-3169 Stacie Talbert-Anaya, Interim Director of Parks and Recreation Department staciet@cctexas.com (361) 826-3476 Mark Van Vleck,P.E., Executive Director of Utilities markvv@cctexas.com (361) 826-1874 Purchase of Wide Area Mowers and Utility Tractors CAPTION: Motion approving the purchase of two Wide Area Mowers and two Utility Tractors from Deere and Company, Carey, North Carolina in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $194,008.10. Funds have been budgeted by the Parks and Recreation Department and Utilities Department in FY 2014- 2015. PURPOSE: To approve the purchase of two Wide Area Mowers and two Utility Tractors. BACKGROUND AND FINDINGS: The Mowers and Tractors will be delivered by local dealer Gulf Tractor Company, Corpus Christi, Texas. 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: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $372,429.68 $0 $372,429.68 Encumbered / Expended Amount $87,382.42 $0 $87,382.42 This item $194,008.10 $0 $194,008.10 BALANCE $91,039.16 $91,039.016 Fund(s): General Fund, Strom Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: RUTH BROWN ITEM 1. 2. DESCRIPTION JOHN DEERE 1600 Turbo Series II Commercial Wide Area Mower JOHN DEERE 5085M Utility Tractor TOTAL: PRICE SHEET TXMAS CONTRACT NO. 7-51V050 PURCHASE OF WIDE AREA MOWER AND UTILITY TRACTOR QTY 2 UNIT EA EA Deer and Company Carey, North Carolina UNIT PRICE $46,821.90 $50,182.15 EXTENDED PRICE $93,643.80 $100,364.30 $194,008.10 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 July 14, 2015 FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm(c�cctexas.com 361-826-3169 Stacie Talbert Anaya, Interim Director of Parks and Recreation staciet(c�cctexas.com 361-826-3476 Supply Agreement for Milk CAPTION: Motion authorizing the City Manager or designee to execute a supply agreement for milk with Hill Country Dairies, Inc., Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-3 for an estimated annual expenditure of $50,555.20, of which $8,425.86 is required for the remainder of FY 2014-2015. The terms of the contract shall be for twelve months with options to extend for up to two additional twelve-month period, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. PURPOSE: The milk will be used by Senior Community Services for the Elderly Nutrition Program. Approximately 152,000 milk cartons will be served over the twelve-month contract period. BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. This award is a cooperative effort between the City of Corpus Christi and the following members of the Coastal Bend Council of Governments; Community Action Corporation of South Texas, Nueces County Senior Community Services, Refugio County Elderly Services, City of Corpus Christi, Bee Community Action Agency, Aransas Council of Aging, Kleberg County Human Services, Duval County Elderly Program, and Live Oak County Elderly Program. ALTERNATIVES: The bid submitted by Hill Country Dairies, Inc. meets all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Park and Recreation 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 $1,060,596.00 $42,129.34 $1,102,725.30 Encumbered / Expended Amount $791,905.40 $791,905.40 This item $8,425.86 $42,129.34 50,555.20 BALANCE $260,264.74 $260,264.74 Fund(s): Park and Recreation Grants. Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation COASTAL BEND COUNCIL OF GOVERNMENTS -MILK AND DAIRY PRODUCTS Senior Community Services Bid Period Covering July 1, 2015 to June 30, 2016 Bid Invitation No: CBCOG-15-3 MILK AND DAIRY- BID TAB f HILL COUNTRY DAIRY COUNTY PRODUCT EST. UNIT UNIT TOTAL QTY. PRICE PRICE Nueces- City of Corpus Christi 1/2 pints Low Fat -1% 152,000 each $0.3326 50,555.20 $50,555.20 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 14, 2015 Second Reading Item for the City Council Meeting of July 21, 2015 DATE: TO: June 23, 2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 Resolution of support for 2018 Texas Recreation and Park Society (TRAPS) Annual Institute Bid CAPTION: Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo. PURPOSE: To provide support for a bid to host the 2018 TRAPS Annual Institute and Expo in Corpus Christi, Texas. The Department will request Hotel Occupancy Tax funds during the FY18 budget process in support of this bid. BACKGROUND AND FINDINGS: The Texas Recreation and Park Society (TRAPS) is an educational non-profit 501c3 organization of parks, recreation and leisure service providers in the State of Texas. The TRAPS mission is to provide professional development, advocacy and resources to all who enhance the quality of life through parks, open spaces and recreation The TRAPS Board of Directors and Institute Site Selection Task Force will be considering bids for the 2018 TRAPS Institute and Expo this summer. The Institute averages between 800-1,200 attendees, including approximately 600-900 delegates, speakers and volunteers; and an average of 225 exhibitors who meet annually to interact, network and learn about trends, new products and services. The economic impact to a community ranges from $250,000 to $500,000. The Corpus Christi Convention and Visitors Bureau (CVB) and Corpus Christi Parks and Recreation Department (PARD) will work together to identify a host hotel, coordinate training and exhibit space, meeting and hotel rooms and associated networking socials. This conference has most recently been held in The Woodlands, Lubbock, Corpus Christi and Abilene. Corpus Christi hosted the conference in 2014 and reviews were very good. Over 1,260 delegates attend the conference and the estimated economic impact to the community was in excess of $300,000. ALTERNATIVES: Do not approve the resolution and cancel bid submission to host the event. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Council resolution of support required for conference bid submissions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Hotel Occupancy Tax Funds (FY18) Comments: none RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo WHEREAS, the City of Corpus Christi, acting through its Parks and Recreation Department, is authorized to submit a bid with the Corpus Christi Convention and Visitors Bureau to host the 2018 Texas Recreation and Park Society (TRAPS) Annual Institute and Expo, and WHEREAS, the City of Corpus Christi, Texas acknowledges the criteria and requirements specified in the site selection criteria for bid to host the Annual TRAPS Institute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council for the City of Corpus Christi, Texas endorses the bid submission to host the 2018 Texas Recreation and Park Society (TRAPS) in Corpus Christi, Texas and is committed to providing the necessary resources to perform all functions consistent with the bid to host the 2018 Texas Recreation and Park Society Annual Institute and Expo in Corpus Christi, Texas. Section 2. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of 2015. ATTEST: 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 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: TO: FROM: July 1,2015 Ronald L. Olson, City Manager Wes Pierson, ACM — General Operations and Support WesP©cctexas.com (361) 826-3082 Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing an agreement with the CCCVB regarding the use of the Convention Events Fund (CEF). CAPTION: Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) pursuant to Texas Tax Code Section 351.101 and authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of Convention Events Funds. PURPOSE: The purpose of this item is to approve the CCCVB's annual budget and an agreement regarding the use of Convention Events Funds (CEF). BACKGROUND AND FINDINGS: In 2007, the City working with the Corpus Christi Convention & Visitors Bureau developed the Convention Events Fund to provide an incentive for securing out-of-town conventions and events at the American Bank Center that generate positive economic activity for Corpus Christi. The events must be considering Corpus Christi for their location and would result in increased hotel occupancy for the City. In 2008 the program was activated and funded at $50,000. It was included in the City's annual budget as a new line item in the Hotel Occupancy Tax Fund. The CEF dollars were to be kept separate and apart from the CVB's annual funding. In 2012, through a Council motion during the annual budget presentation, the Convention Events Fund increased from $57,000 to $300,000 to accommodate an increase in convention center business. The City authorizes the CCCVB to manage certain activities funded with hotel occupancy tax revenue through a hotel occupancy tax revenue recipient agreement. Additionally, pursuant to Texas Tax Code Section 351.10, subsection (c), the City is required to approve the Convention Events Fund Year Budget Actuals 2007-2008 -- -- 2008-2009 $ 50,000 $ 33,600 2009-2010 $ 50,000 $ 60,000 2010-2011 $ 50,000 $ 43,000 2011-2012 $ 57,000 $ 34,500 2012-2013 $ 300,000 $ 142,000 2013-2014 $ 230,000 $ 120,000 2014-2015 $ 260,000 -- CCCVB's annual budget thus creating "a fiduciary duty" in the CCCVB with respect to the revenue provided by the hotel occupancy tax funds. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Expenditures in excess of $50,000 are subject to the approval of the City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: General Government & Operations Support 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 260,000 260,000 Encumbered / Expended Amount 0 0 This item 260,000 260,000 BALANCE 260,000 260,000 Fund(s): Comments: Special Revenue Fund: Convention Events RECOMMENDATION: Staff recommends approving this resolution. LIST OF SUPPORTING DOCUMENTS: Agreement with Attachments Resolution CCCVB FY15 Budget Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing the City Manager or designee to execute an agreement with the CCCVB regarding the use of Convention Events Funds Whereas, the Texas Tax Code Section 351.101 provides that the governing body of a municipality shall approve in advance the annual budget of the person including other governmental entity or private organization with whom the municipality contracts for the management or supervision of convention and visitors programs and activities funded with revenue from the municipal hotel occupancy tax; Whereas, the City has established a separate Convention Events Fund No. 13616 to be used to assist in accordance with Texas Tax Code Section 351.101 for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality; Now, therefore, be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That the annual budget for the Corpus Christi Convention & Visitors Bureau as presented to City Council in July 2015 is hereby approved. Section 2. That the City Manager or designee is authorized to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of the Convention Center Events Fund No. 13616. A copy of the agreement is on file with the office of the City Secretary. Attest: 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 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION AND VISITORS BUREAU FOR USE OF THE CONVENTION EVENTS FUND (HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT) This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and the Corpus Christi Convention and Visitors Bureau, ("Recipient"). Whereas, City desires to encourage conventions and events that promote the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code; Whereas, the City has included in its annual budget hotel occupancy tax funding for the Convention Events fund ("the Fund"); Whereas, the parties desired to use the Fund to reimburse expenses for those conventions and events that serve to promote tourism and the convention and hotel industry within the City of Corpus Christi; Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to utilize funds from the City's Convention Events Fund in the City FY 2014-2015 operating budget to reimburse Recipient for expenses authorized by the Texas Tax Code Section 351.101 (a) (3) for the events and uses listed on Exhibit A, which is attached and incorporated for all purposes. The requested amounts of reimbursement out of the Fund for Fiscal Year 2014-2015 are also provided on Exhibit A. II. Term. This Agreement commences on the date of execution by the City and terminates on September 30, 2015. This Agreement may be extended for additional one-year terms by written agreement of the City Manager and Recipient to provide reimbursement for additional Eligible Activities up to the amount approved in the City's annual budget for the Convention Center Incentives fund. The continuation of this Agreement beyond the current City fiscal year is subject to the City's annual budget process and annual appropriation of funds. III. City's Duties. For the Initial Term, subject to Recipient's compliance with the terms and conditions of this Agreement and annual appropriation of funds, City agrees to reimburse Recipient out of the Convention Events Fund up to each amount listed on Exhibit A under the "CEF Requested" column, for each specific event listed on Exhibit A. IV. Recipient's Duties- Eligible Activities. Requests for reimbursement of funds by Recipient are limited to those activities that, without exception, meet all of the following requirements, herein referred to as "Eligible Activities": (A) advertising, conducting solicitations and promotional programs in accordance with Section 351.101(a)(3) of the Texas Tax Code to attract tourists and convention delegates or registrants to the municipality or its vicinity; and (B) the funds will be used to promote both tourism and the convention and hotel industry within the City of Corpus Christi in accordance with Section 351.101(a) of the Texas Tax Code; and (C) the activities and approved uses of the funds reimbursed under this Agreement are described on the attached and incorporated Exhibit A. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's activities. VI. Annual Report. Recipient must submit to the City's Assistant City Manager of General Government & Operations Support ("ACM") an annual report ("Report"), no later than thirty (30) days following the end of each fiscal year. The ACM, or his designee, shall review this Report to verify whether the funding provided to Recipient was spent in accordance with the requirements in this Agreement. The Report must include the following criteria in addition to verification documentation requested by the ACM: Recipient must submit to the City a written estimate of the number of attendees that reside outside the territorial limits of the City of Corpus Christi that attended the conventions/events identified on the Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for four (4) years following the expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to make records of these expenditures available for review on request of the ACM or designee. VIII. Disbursement of Funds. Recipient understands and agrees that payment by the City of funds under this Agreement is contingent upon Recipient's full compliance with the requirements of this Agreement and Recipient's submittal of reimbursement request documentation. Recipient understands and agrees that disbursement of these funds under this Agreement creates a fiduciary duty in the Recipient. Should the ACM determine within four (4) years from effective date of this Agreement that Recipient has failed to comply with the requirements contained in this Agreement, all funds must be repaid to the City. IX. Unexpended funds. Upon termination of this Agreement, the City has no obligation to reimburse Recipient any amounts. X. Termination for non -appropriation of funds. The continuation of this Agreement beyond the current fiscal year is subject to the City's annual budget process. If sufficient funds are not appropriated to continue the agreement in the upcoming fiscal year, then this agreement shall be terminated upon notice to Recipient. XI. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Eligible Activities. Recipient must provide ACM with a copy of all Recipient -sponsored advertising and promotion materials regarding its Eligible Activities. XII. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XIII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal -agent relationship between the parties. XIV. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations and rules of the Federal, State, Country and City governments, in particular the provisions of Texas Tax Code Chapter 351 governing use of hotel occupancy tax, a copy of which is attached as Exhibit B. This Agreement is subject to applicable provisions of the City Charter and the City Code of Ordinances. XV. Non-discrimination. Recipient shall not discriminate, or permit discrimination against any person or group of persons, as to employment or in the provision of services, activities, and programs. Discrimination as it pertains to this section includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. ACM retains the right to take action deemed necessary by ACM to enforce this non-discrimination covenant. Violation of this provision will result in the immediate termination of this Agreement. XVI. Indemnity. Recipient hereby fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, licensees, and invitees ("indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or any property loss or damage of any kind, that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by, any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind. Further, Recipient will indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise or rights or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVII. Termination. (A) The City may terminate this Agreement upon fourteen (14) days written notice for any of the following reasons and require Recipient to reimburse the City all funds awarded under this Agreement: (1) Any violation by Recipient of section XIV or XV of this agreement. (2) If the ACM has determined that funds were used for purposes other than those allowed under Section 351.101(a)(3) of the Tax Code, and require Recipient to reimburse the City all funds award. (3) Due to Recipient's use of funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. ACM has the sole discretion to make the determination that funds were used for activities other than those qualifying as Eligible Activities. (4) Recipient's failure to cure any default of any provision of this Agreement after notice and 30 days opportunity to cure. (B) Recipient may terminate this Agreement without cause upon fourteen (14) days written notice to City. If Recipient chooses to terminate the Agreement, Recipient must repay all funds awarded, whether those funds were expended on Eligible Activities or not. XVIII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XIX. Notices. All notices, demands, requests, or replies ("communications") provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery; (2) deposit with the United States Postal Service via certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All communications must be made to: If to City: City of Corpus Christi Assistant City Manager for General Government & Operations Support P. O. Box 9277 Corpus Christi, TX 78469-9277 If to Recipient: Corpus Christi Convention and Visitors Bureau 101 N. Shoreline Blvd., Ste. 430 Corpus Christi, TX 78401 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify City of an address change within thirty (30) days after Recipient's address has changed. XX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. No waiver of any covenant or condition or breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition. Notwithstanding any indulgence of any breach by the Recipient of the provisions of this Agreement, it is expressly understood that the City may at any time avail itself of its remedies under this Agreement, including the right to terminate the Agreement on account of breach or default. XXI. Entirety. This Agreement and all exhibits attached constitute the entire and sole agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations will have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly without prior written consent of City. Executed in duplicate, each of which will be considered an original, on the day of , 2015. CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager APPROVED: 2015 Lisa Aguilar, Assistant City Attorney For City Attorney CORPUS CHRISTI CONVENTION AND VISITORS BUREAU By: Name: Title: Date: CVB / CEF Financial Commitment Information DEFINITE FISCAL YEAR OCT 2014 - SEPT 2015 CORPUS NAME OF CONVENTION Delegates Number of Room Nights Peak Total Commit- ment Made (Mo/Yr) Convention Date (Mo/Yr) CVB CEF (Requested) Economic Impact CEF Fund Usage Corpus Christi BikeFest 15,000 2,050 5,000 1/2014 10/2014 $64,316 i $16,950 $5,437,500 Off -set Conv. Ctr. cost CC Challenge (Bal due Dec. for 2014 event) 4,000 750 2,000 4/2012 11/2014 $70,000 $1,450,000 Texas Farm Bureau 800 500 1,305 10/2013 12/2014 $5,000 $290,000 Off -set Conv. Ctr. cost SkiIIsUSA 5.000 1,300 3,800 8/2010 3/2015 $12,500 $1,812,500 Off -set Conv. Ctr. &Trans. cost National Guard Assoc. of Texas 1,500 500 1,382 7/2010 3/2015 $10,500 $543,750 Off -set Conv. Ctr. cost Powerlifting 1,000 405 1,010 3/2013 3/2015 $3,500 $362,500 Off -set Conv. Ctr. cost FCCLA State Conv. (Type A Funds Arena $25K) 4,000 1,000 2725 10/2009 4/2015 $14,600 $1,450 000 Off -set Conv. Ctr. cost VPPPA 2,000 880 3320 8/2012 5/2015 $15,000 $725,000 Off -set Conv. Ctr. cost United Methodist Church 1,300 650 2,030 7/2007 6/2015 $5,000 $471,250 Off -set Conv. Ctr. & Trans. cost AWBD (ABC Est. $24K) 1,500 960 3,000 9/2013 6/2015 $9,550 $14,450 $543,750 Off -set Conv. Ctr. cost Texas Shrine Association 3,000 850 3,000 3/2013 6/2015 $10,000 $1,087,500 Off -set Conv. Ctr cost Texas FFA (Type A Funds Arena $25K) 7,500 2,100 7,530 9/2009 7/2015 $12,500 $1,359,375 Off -set Conv. Ctr. cost CC Challenge (1t Pmt. Due 8/15 for '15 Event) 4,000 750 2,000 4/2012 11/2015 $70,000 $1,450,000 Total $73,866 $260,000 $16,983,125 V iI8IHX3 EXHIBIT B Texas Tax Code § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and * * * (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. CC CVB 2014 - 2015 ADOPTED BUDGET MONTH Oct -14 No1-14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jot -15 1 Aug -15 1 Sep -15 1 Total (Proposed) Total (Actuals) Variance Revenues 4076 CTA Revenue $ 1,700 S 500 $ 500 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 9,000 4030 CEF Revenue $ 16,950 $ 70,000 $ 5,000 $ - $ - $ 26,500 $ 14,600 $ 15,000 $ 29,000 $ 12,500 $ 70,000 $ - $ 259,550 Hotel Tax Incentive Revenue $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 4,950,000 4044 Cooperative Revenue $ - $ - $ 7,000 $ 1,000 $ 3,000 $ 35,000 $ - $ 40,000 $ 2,000 $ 60,000 $ - $ 2,000 $ 150,000 4060 VC Income $ 2,150 $ 1,900 $ 1,900 $ 1,900 $ 1,900 $ 2,150 $ 2,150 $ 3,125 $ 3,125 $ 3,125 $ 3,125 $ 2,150 $ 28,700 4085 Interest Revenue $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 720 4090 Revenue -Private Source S - S 50.000 5 50.000 1 25.000 S 25.000 0 10.000 S 26.000 S 4.000 S - S 10.000 S 15.000 S - S 215.000 Total Revenue 433,360 534,960 476,960 441,160 443,160 486,910 456,010 475,385 447,385 498,885 501,385 417,410 5,612,4 Expenses 5000 Marketing & Promotion 5076 CTA Expense $ 850 $ 3,900 $ - $ 850 $ 350 $ 350 $ 950 $ 750 $ 350 $ 850 $ 350 $ 350 $ 9,900 5122 Festivals and Event Development $ 9,500 $ 7,000 $ 7,000 $ 9,500 $ 7,000 $ 7,000 $ 9,500 $ 7,000 $ 7,000 $ 9,500 $ 7,000 $ 7,000 $ 94,000 5127 Interactive Marketing Expense $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 282,720 5195 Convention Marketing $ - $ - $ 23,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 23,000 5132 New Website Development $ 46,583 $ 16,583 $ 16,583 $ 19,083 $ 16,583 $ 16,583 $ - $ - $ - $ - $ - $ - $ 131,998 5128 Harbor Bridge Lights Mark eting $ 5,833 $ 5,833 $ 5,833 $ 5,833 $ - $ - $ - $ - $ - $ - $ - $ - $ 23,332 Marketing Payroll Expenses $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 792,000 5100 Travel/Ent/Meals $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 25,200 5110 Trade Shows/Sales Missions $ 1,450 $ 3,970 $ 4,700 $ 14,000 $ 200 $ 4,000 $ 14,375 $ 2,000 $ 8,150 $ 1,250 $ 700 $ 3,600 $ 58,395 5115 Site Inspections/ FAM Tours $ 200 $ 7,700 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 9,900 5120 Event Hosting $ 46,529 $ - $ 95,000 $ 22,000 $ 37,500 $ 58,500 $ 75,100 $ 25,000 $ 31,827 $ 88,700 $ 10,000 $ 64,000 $ 554,156 5125 Media Advertising -Agency $ 266,372 $ 192,911 $ 82,754 $ 85,829 $ 221,388 $ 225,647 $ 160,525 $ 237,013 $ 212,771 $ 241,210 $ 191,864 $ 190,426 $ 2,308,709 5130 Website Hosting/Maintenance $ 6,500 $ 7,450 $ 5,750 $ 6,200 $ 2,750 $ 4,875 $ 15,175 $ 5,875 $ 11,175 $ 5,875 $ 6,175 $ 5,875 $ 83,675 5135 Printed Collateral Material $ - $ - $ 10,000 0 - $ - $ - $ 5,500 $ - $ - $ - $ - $ - $ 15,500 5140 Giveaway Promo Materials $ 4,000 $ 1,000 $ 3,000 $ 3,000 $ 11,000 $ 500 $ 500 $ 500 $ 500 $ 3,000 $ 11,000 $ 1,000 $ 39,000 5145 Research $ 37,700 $ - $ - $ 3,700 $ - $ - $ 3,700 $ - $ - $ 3,700 0 - $ - $ 48,800 5155 Community Relations $ 2,000 $ 2,000 $ 2,000 $ 10,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 32,000 5160 Cost of Merchandise Sold $ 1,075 $ 815 $ 815 $ 815 $ 815 $ 1,075 $ 1,075 $ 1,565 $ 1,565 $ 1,565 $ 1,565 $ 1,075 $ 13,820 5165 Public Relations $ - $ - $ - $ - $ - $ - $ $ $ - $ - $ - $ 100,000 $ 100,000 MONTH Total Marketing & Promotion 272,670 391,446 412,390 381311111/63 367,198 449,510 322,514 467,186 4,646,1 Total (Actuals) variance Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jon -15 Jot -15 Aug -15 Sep -15 Total (Proposed) Admin/General Expenses Admin Payroll Expenses $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 219,239 5218 Dues & Subscriptions $ 1,450 $ 200 $ 2,715 $ 8,750 $ 5,320 $ 200 $ 200 $ 255 $ 870 $ 14,750 $ 200 $ 2,825 $ 37,735 5220 Staff Dev/Education $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 800 $ 5,200 5240 Acct/Legal/Prof Fees $ 9,500 $ 19,000 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 123,500 5230 Insurance General $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 30,324 5215 Computer Expense $ 2,315 $ 2,615 $ 2,315 $ 2,315 $ 2,615 $ 2,315 $ 2,315 $ 2,615 $ 2,315 $ 2,315 $ 3,215 $ 2,315 $ 29,580 5250 Rent Utilities Maintenance $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 71,040 CC CVB 2014 - 2015 ADOPTED BUDGET 5270 Bank Fees $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 3,600 5255 Telephone/Cell Phones $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 30,060 5260 Postage & Freight /Shipping $ 1,023 $ 2,625 $ 1,430 $ 2,300 $ 672 $ 674 $ 620 $ 3,137 $ 1,295 $ 3,229 $ 3,499 $ 3,099 $ 23,603 5225 Equipment Lease/Rental $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 5,760 5245 Office Supplies $ 960 $ 727 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,334 $ 2,331 $ 25,000 5265 Equipment Repairs &Maintenance $ - $ - $ - $ 5,000 $ - $ 2,000 $ - $ - $ 5,000 $ - $ - $ - $ 12,000 5275 Other S 1,125 S 1.325 S 1.325 S 1,125 S 1,125 S 1.125 S 1.125 S 4.125 S 1.125 S 1.125 S 1.125 S 1.125 $ 16.900 Total Admia/Gw Opmations_ 46,775 56,894 50,018 61,723 51,965 48,547 46,493 52,365 52,838 63,652 50,275 51,997 633,541 TOTAL EXPENSES567,027 397,716 398,313 334,393 443,411 460,937 426,753. 425,928 420,036 513,162 372,789 519,183 5,279,646 333,324 -133,667 137,244 78,647 106,767 -251 25,973 29,257 49,457 27,349 -14,277 128,596 -101,773 333,324 333,324 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 23, 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 674 Flato Road CAPTION: Case No. 0615-02 Orion Drilling Company, LLC.: A change of zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial, resulting in a change to the Future Land Use Plan from light industrial to heavy industrial uses. The property to be rezoned is described as being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. PURPOSE: The purpose of this item is rezone to allow the construction of a steel fabrication and assembly facility. RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit for the fabrication and assembly of steel components subject to the following conditions: 1. Use Regulation: The only use permitted under this Special permit, other than those allowed by right in the "IL" Light Industrial district, is the fabrication and assembly of steel components, including all other operations described herein including the assembly of oil rig components and the storage of equipment and vehicles necessary to conduct operations. 2. Access: Vehicular access shall be limited to Flato Road. 3. Noise: The Owner shall comply with the City's Noise Ordinance. 4. Site Plan: The site plan may be altered to permit a different orientation of the building, however, in no case shall the fabrication building be located closer than 100 feet from the most southerly property line of the site or exceed 50,000 square feet. 5. UDC Requirements: The Owner shall comply with all other specific development standards, such as but not limited to, landscaping, screening, and off-street parking and loading, as required by the Unified Development Code. 6. Time Limit: The Special Permit shall expire in four years if a building permit to construct the fabrication facility has not been obtained within that time period. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District. The applicant is proposing to construct a steel fabrication and assembly facility; specifically a facility that fabricates oil rig components and assembles oil rigs. The subject property currently houses their administrative, engineering, assembly, and integration of drilling rig construction operations. Fabrication of the oil rig steel components (substructure and mast elements) is currently conducted at another site in the City. The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and 3. Community facilities. 4. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 5. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 6. The use does not substantially adversely affect adjacent and neighboring uses permitted. 7. The use does conform in all other respects to regulations and standards in this Unified Development Code. 8. The development provides ample off-street parking and loading facilities. ALTERNATIVES: 1. Approve the request for a change to the "IH" Heavy Industrial District. 2. Deny the request for a change to the "IH" Heavy Industrial District and approve, in lieu thereof, a change to the "IL/SP" Light Industrial District with a Special Permit for a steel fabrication and assembly facility. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is not consistent with the adopted Future Land Use Plan or the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: • Presentation - Aerial Map • Ordinance — "IH" Heavy Industrial District • Ordinance — "IL/SP" Light Industrial District with Special Permit • Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land described as being comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20 ("Property"), from the "IL" Light Industrial District to the "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Orion Drilling Company, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "IH" Heavy Industrial District, and on Tuesday, July 14, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Orion Drilling Company, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.63 acre tract of land described as being comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive (the property), from the "IL" Light Industrial District to the "IH" Heavy Industrial District (Zoning Map No. 050042), as shown in Exhibit "A" and Exhibit "B". Exhibit "A", which is a metes and bounds description of the Property, and Exhibit "B", which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 3 of 3 Exhibit A 13.63 Acre, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 41834.B5.00 March 9th, 2015 Fieldnotes, for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 193, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 47, Page 250, Map Records of Nueces County, Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20; said 13.63 Acres being more fully described by metes and bounds as follows: Beginning, on the East Right -of -Way of Flato Road, a public roadway, the Southwest corner of Lot 18, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the said Map Records, for the Northwest comer of the said Lot 19A and this tract; Thence, North 90°00'00" East, with the South line of the said Lot 18, the North line of the said Lots I9A and Lot 193, 1298.36 feet, to the West line of a 1.383 Acre Tract of Land, described in deed from Brent L. Riley, to the City of Corpus Christi, Texas, as recorded in Volume 2209, Pages 187-189, Official Public Records of Nueces County, Texas, the Southeast comer of the said Lot 18, for the Northeast corner of the said Lot 19B and this tract; Thence, South 00°00'00" East, with the West line of the said 1.383 Acre Tract of Land, the East line of the said Lots 19B, at 167.75 feet, pass the Northeast corner of the said Lot 20, the Southeast comer of the said Lot 193, continue with the said West line, at 335.50 feet, pass the Northeast corner of the said Lot 21, the Southeast corner of the said Lot 20, at 405.55 feet, pass the Northwest corner a 0.216 Acre Tract of Land, described in deed from Alexander E. Cox and Elbert S. Cox, to the City of Corpus Christi, Texas, as recorded in Volume 2230, Pages 290-292, said Official Public Records, the Southwest corner of the said I.383 Acre tract, continue with the West line of the said 0.216 Acre tract, in all 550.26 feet, to the North Right -of -Way of Camron Street, a public roadway, the Southwest corner of the said 0.216 Acre Tract, for the Southeast corner of the said Lot 21 and this tract; Thence, North 90°00'00" West, with the said North Right -of -Way, the South Iine of the said Lot 21, 1298.36 feet, to the East Right -of -Way of the said Flato Road, for the Southwest comer of the said Lot 21 and of this tract; Thence, North 00°00'00' West, with the said East Right -of -Way, the West line of the said Lot 21, 214.76 feet, to the Southwest comer of the said Lot 20, the Northwest corner of the said Lot 21, for an outer ell corner of this tract; Thence, North 90°00'00" East, with the South line of the said Lot 20, the North line of the said Lot 21, 721.00 feet, to an inner ell corner of this tract; Thence, North 00°00'00" West, 167,75 feet, to the South line of the said Lot 19B, the North line of the said Lot 20, for an inner ell corner of this tract; Thence, North 90°00'00" West, with the South line of the said Lot 19B, the North Line of the said Lot 20, 721.00 feet, to the East Right -of -Way of the said Flato Road, the Northwest comer of the said Lot 20, the Southwest comer of the said Lot 19B, for an outer ell corner of this tract; S:tiSuryeying1418341B5001OFF10EIMETESAND BOUNDS1041834B500 FN I3.63Acrss_20t50309.doc Page 1 oft (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 Exhibit "A" FAX (361)854-6001 Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lots 19B, at 35.00 feet pass, the Southwest comer of the said Lot 19A, a Northwest comer of the said Lot 19B, in all 167.75 feet, to the Point of Beginning, containing 13.63 acres (593,488 Square Feet) of land, more or less. Bearings are based on the recorded plat of Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the Map Records of Nueces County, Texas. This description was prepared from Record Documents and does not represent a current on the ground survey. 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. S:1Surveying1418341135001OFFICE\METES AND BOUNDS5041834B500_FN_13.63Acres 20150309.doc Page 2 of 2 Exhibit "A" URBAN ENGINEERING ,€,{,4 Keith W, Wooley, License N 54'3 LOCATION MAP N.T.S. FATS SITE I;n Point of Beginning 10'U.E. Lot 19A, Blodk 6 Robles Industrial Area k1ENDQZ.A Lot 18, Block 6 Roblex Industr'at Area Vo. 45. Pg. 53, Map Records of Nueces County, Texas N90'00'00"E 1298.36' HORNE COUNTY OF NUECES CITY OF CORPUS CHRISTI 1.383 Acres Vol. 2209, Pg. 187-189 (Owner: City of Corpus Christi, Texas) --390'B.L. Lot 196, Block 6 Robles Industrial Area Vol. 47, Pg. 250, Map Records of Nuecso County, Texas N90'00'00'W 721.00' N90'00'00"E 721.00' I CO$I 10' Gas Pipeline Easement n City of Corpus Christi, Q.� Nueces County Clerk File No. 192469 1471 II y108. Lot 20 Lot 21 10.u,E. 3 13.63 Acres (593,488 Sq. Ft.) O^ cP 0m ed2 4? Z—�ase Q',1) ail :" 577.36' II 71 rt - ui h n " er 01 x w 300 200 100 0 N90'00'001'W 1298.36' Camron Street (50' Row) 200 400 GRAPHIC SCALE 1' =200 0.216 Acres Vol. 2230, Pg. 290-292 (Owner. City of Corpus Christi, Texas) Exhibit B Sketch to Accompany FIELDNOTES for a 13.63 Acre Tract of Land. comprised of all of Lots 19A & 19B, Block 6. Robiex Industrial Area, a map of which is recorded in Volume 47. Page 250, Map Records of Nuecee County. Texas and all of Lots 20 & 21, Block B, Robles Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. DATE MAR. 6, 2015 SCALE 111200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylaurbaneng.com .. _... __ S-l6„nrayinnid9GEad5arJYRF�" 117R; 0201�5 by UrbanErgineerin ' ENGINEERING rc , l wo I.0. 1sus nwr !16 iec Oa Exhibit "B" 11 Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Orion Drilling Company, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit with conditions, and on Tuesday, July 14, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Orion Drilling Company, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit (Zoning Map No. 050042), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions: 1. Use Regulation: The only use permitted under this Special permit, other than those allowed by right in the "IL" Light Industrial district, is the fabrication and assembly of steel components, including all other operations described herein including the assembly of oil rig components and the storage of equipment and vehicles necessary to conduct operations. 2. Access: Vehicular access shall be limited to Flato Road. 3. Noise: The Owner shall comply with the City's Noise Ordinance. 4. Site Plan: The site plan may be altered to permit a different orientation of the building, however, in no case shall the fabrication building be located closer than 100 feet from the most southerly property line of the site or exceed 50,000 square feet. 5. UDC Requirements: The Owner shall comply with all other specific development standards, such as but not limited to landscaping, screening, and off-street parking and loading, as required by the Unified Development Code. 6. Time Limit: The Special Permit shall expire in four years if a building permit to construct the fabrication facility has not been obtained within that time period. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0615-02 SP Ordinance - Orion Drilling Company, LLC 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 0615-02 SP Ordinance - Orion Drilling Company, LLC Page 3 of 3 Exhibit A 13.63 Acre, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 41834.B5.00 March 9th, 2015 Fieldnotes, for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 19B, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 47, Page 250, Map Records ofNueces County, Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20; said 13.63 Acres being more fully described by metes and bounds as follows: Beginning, on the East Right -of -Way of Flato Road, a public roadway, the Southwest corner of Lot 18, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the said Map Records, for the Northwest corner of the said Lot 19A and this tract; Thence, North 90°00'00" East, with the South line of the said Lot 18, the North line of the said Lots I9A and Lot 19B, 1298.36 feet, to the West line of a 1.383 Acre Tract of Land, described in deed from Brent L. Riley, to the City of Corpus Christi, Texas, as recorded in Volume 2209, Pages 187-189, Official Public Records of Nueces County, Texas, the Southeast comer of the said Lot 18, for the Northeast corner of the said Lot 19B and this tract; Thence, South 00°00'00" East, with the West line of the said 1.383 Acre Tract of Land, the East line of the said Lots 19B, at 167.75 feet, pass the Northeast corner of the said Lot 20, the Southeast comer of the said Lot 19B, continue with the said West line, at 335.50 feet, pass the Northeast corner of the said Lot 21, the Southeast corner of the said Lot 20, at 405.55 feet, pass the Northwest comer a 0.216 Acre Tract of Land, described in deed from Alexander E. Cox and Elbert S. Cox, to the City of Corpus Christi, Texas, as recorded in Volume 2230, Pages 290-292, said Official Public Records, the Southwest corner of the said 1.383 Acre tract, continue with the West line of the said 0.216 Acre tract, in all 550.26 feet, to the North Right -of -Way of Camron Street, a public roadway, the Southwest corner of the said 0.216 Acre Tract, for the Southeast corner of the said Lot 21 and this tract; Thence, North 90°00'00" West, with the said North Right -of -Way, the South line of the said Lot 21, 1298.36 feet, to the East Right -of -Way of the said Flato Road, for the Southwest corner of the said Lot 21 and of this tract; Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lot 21, 214.76 feet, to the Southwest comer of the said Lot 20, the Northwest comer of the said Lot 21, for an outer ell corner of this tract; Thence, North 90°00'00" East, with the South line of the said Lot 20, the North line of the said Lot 21, 721.00 feet, to an inner ell corner of this tract; Thence, North 00°00'00" West, 167.75 feet, to the South line of the said Lot 19B, the North line of the said Lot 20, for an inner ell corner of this tract; Thence, North 90°00'00" West, with the South line of the said Lot 19B, the North Line of the said Lot 20, 721.00 feet, to the East Right -of -Way of the said Flato Road, the Northwest comer of the said Lot 20, the Southwest comer of the said Lot 19B, for an outer ell corner of this tract; S:Surw eying1418341135001OFFICEIMETES AND BOUNDS1041834B500 FN_13.63Acres_20150309.doc Page 1 oft (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 1BPLS Firm #10032400 Exhibit "A" FAX (361)854-6001 Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lots 19B, at 35.00 feet pass, the Southwest corner of the said Lot 19A, a Northwest comer of the said Lot 19B, in all 167.75 feet, to the Point of Beginning, containing 13.63 acres (593,488 Square Feet) of land, more or less. Bearings are based on the recorded plat of Rablex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the Map Records of Nueces County, Texas. This description was prepared from Record Documents and does not represent a current on the ground survey. 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. SaSurveying\418341B5001OFFICE\METES AND BOUNDS1041834B500_FN_13.63Acres_20150309.doc Page 2 of 2 Exhibit "A" URBAN ENGINEERING �.44'6l e Keith W, Wooley, License N•. 5 4 , 3 1: S SITE O EDN PARK cog9 0� I Lr . 1 Point of Beginning Lot 18, Block 6 Roblex Industr"al Area VD. 45, Pg. 53, Map Records of Nueces County, Texas N90'00'00"E 1298.36' NORNE LOCATION MAP N.T.S. EAT COUNTY OF NUECES CITY OF CORPUS CHRISTI 1.383 Acres Vol. 2209, Pg. 187-189--- (Owner: 87-189-~(Owner: City of Corpus Christi, Texas) IOU.E. N Lot 19A, Block 6 kn. Roblex Industrial Area $'- Zr T -390'B1. Lot 19B, Block 6 Roblex Industrial Area Vol. 47, Pg. 250, Map Records of Nueces County, Texas 10'U,E, 13.63 Acres N90•00'00'W 721.00' rgu� (593,488 Sq. Ft.) Sig YcO vsvsif N90'00'001%721.00' z5. ,p,'��• • C 577.36' 4Z--Aa'.0C Qlir - Lot 20 c I 10' Gas Pipeline Easement City of Corpus Christi, Nueces County Clerk I File No. 192469 Lot 21 11 11 if7 0 w g 0 0 U 0 0 J N 0 X 11) 1- o� r"'7 U e7 N • 0n CL w rei Z 0 0 > N 0 0 m 300 200 100 0 N90'00'00"W 1298.36 Camron Street (50' ROW) 200 40 GRAM -11C SCALE 1 =200 0.216 Acres Vol. 2230, Pg. 290 -292 -- (Owner. City of Corpus Christi, Texas) Exhibit Sketch to Accompany FIELDNOTES for a 13.53 Acre Tract of Land, comprised of all of Lots 19A & 19B. Block 5, Roblex Industrial Area, a map of which le recorded in Volume 47, Page 250. Map Records of Nueces County. Texas and all of Lots 20 & 21. Black 6, Roblex industrial Area, a map of which is recorded in Volume 45, Page 53, said Mop Records, Save and Except the West 721.00 feet of the said Lot 20. URBAN ENGINEERING 1101! r651 w. 1.6. 16r i me1a No. a71a° 1779 simm OR. salla OAST. 771 76164 /WOG 361.164.9161 716K11IeMellO,k01 Exhibit "B" DATE: MAR. 8, 2015 SCALE: 1'=200' JOB NO.: 4183435.00 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylcurbaneng.com 02015 b Urban En•Ineerin 1.1 ceRPGP Corpus C Goff Cen E PARK LOCAIION MAP N.T.S. COUNTY OF NUECES QTY OF CORPUS CHRIS11 II 11P Carnron Street (5o' 300 200 100 200 400 Site Plan for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 198, Block 6, Roblex Industrial Area, a map of which Is recorded In Volume 47, Page 250, Map Records of Nueces County, Texas and all of Lots 20 de 21. Block 6, Roblex Industrial Area, a map of which is recorded In Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the sold Lot 20. URBAN ENGINEERING Tire Pm Na 145, 1 i INN NO. 10032400 2270 SaIIAt1NER ON. CONAN WOOL TX 7$404 Roc 3611143101 .MLtROAIEJIami s DATE: May 6. 2015 SCALE 1 _200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl aurbaneng.com 02015 by Urban Engineering Exhibit "C" nnnlel A14112 VVL,xnn an HIM, S A 1 41S-110 ORA MA11: T.. Orli reel PLANNING COMMISSION FINAL REPORT Case No. 0615-02 HTE No. 15-10000035 Planning Commission Hearing Date: June 3, 2015 Applicant & Legal Description Applicant/Owner: Orion Drilling Company, LLC Representative: Urban Engineering Legal Description/Location: Being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. Zoning Request From: "IL" Light Industrial District To: "IH" Heavy Industrial District Area: 13.63 acres Purpose of Request: To allow development of a steel fabrication and assembly facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Light Industrial Light Industrial North "IL" Light Industrial Light Industrial and Vacant Light Industrial South "RS -6" Single -Family 6 Public, Semi -Public Research/Business Park East "RS -6" Single -Family 6 Drainage Corridor and Vacant Drainage Corridor and Light Industrial West "IL" Light Industrial Drainage Corridor and Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is not consistent with the adopted Future Land Use Plan or the Westside Area Development Plan. Map No.: 050042 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the northeast corner of Bates Drive and Flato Road. The subject property has approximately 385 feet of street frontage along Flato Road and 1,300 feet of frontage along the proposed expansion of Bates Drive. Both roads are "C1" Minor Residential Collector streets. The Maximum Desirable Average Daily Trips (ADT) for a "C1" Minor Residential Collector street is 1,000 to 3,000. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flato Road "C1" Minor Residential40' Collector 60' ROW paved 51' ROW 23' paved N/A Bates Dr. "01" Minor Residential40' Collector 60' ROW paved 51' ROW 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District to allow for the future development of a fabrication facility on their existing business location. Development Plan: The proposed rezoning is within the Roblex Industrial Area Subdivision. The applicant is proposing to construct a steel fabrication and assembly facility; specifically a facility that fabricates oil rig components and assembles oil rigs. The subject property currently houses their administrative, engineering, assembly, and integration of drilling rig construction operations. Fabrication of the oil rig steel components (substructure and mast elements) is currently conducted at another site in the City. The applicant indicates that they plan to construct a facility of approximately 26,000 square feet with building height of 24 feet. Facility hours of operation are proposed to be within 6:30 a.m. and 6:30 p.m. Timing of the proposed construction is unknown at this time. In addition to construction of the new fabrication building, an additional 40 parking spaces are proposed to be added to the site. The proposed rezoning of the property will permit fabrication and assembly of the components to occur at the same site. Orion Drilling produces one to three oil rigs per year. Fabrication of the oil rig components occurs indoors while assembly of the components into an oil rig occurs outdoors. The oil rigs are assembled on-site, then disassembled and shipped to their locations. The applicant provided the following information about the oil rigs fabricated and assembled. • Mast - Three basic components make up the Mast: o The lower section of the mast is 55 feet long by about 10 feet wide at a weight of 30,500 pounds. o The middle section of the mast is about 50 feet long by 10 feet wide at a weight of 18,641 pounds. o The upper section of the mast is about 41 feet long by 10 feet wide at a weight of 11,447 pounds. o The Mast is not assembled in the Fabrication Shop • Substructure - Five basic components make up the Substructure: o The Drillers Side Bottom Weldment is about 45 long and 8 feet wide and 4 feet tall at a weight of 23,021 pounds Planning Commission Final Report Page 3 o The Off Drillers Side Bottom Weldment is about 45 feet long by 8 feet wide and 4 feet tall at a weight of 23,021 pounds. o The Drillers Upper Box and the Off Drillers Upper Box are about 28 feet long by 7 feet wide and 3 feet tall at a weight of 18,535 pounds. o The Center Section is about 36 feet long by 12 feet wide and 4.5 feet tall at a weight of 25,672 pounds. o The Sub -Structure is not assembled at the Fabrication Shop. Existing Land Uses & Zoning: North of the subject property in the "IL" Light Industrial District is vacant land and a company which specializes in industrial painting and coating. To the south of the subject property in the "RS -6" Single -Family 6 District is West Oso High School. East and west of the subject property are drainage corridors and vacant property in the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IH" Heavy Industrial District is not consistent with the Westside ADP or the adopted Future Land Use Plan's designation of the property as "IL" Light Industrial. Plat Status: The subject property is platted and comprises 13.63 acres. The property was platted as follows: Lots 20 & 21 were platted in September of 1979; Volume 45 Page. 53 and Lots 19A & 19B were platted in December of 1982; Volume 47 Page 250. Department Comments: In reviewing this application to rezone, Staff thoroughly reviewed the "IL" Light Industrial and "IH" Heavy Industrial Districts. According to the Unified Development Code (UDC) the "IL" Light Industrial District allows fabrication uses, however, in Categories, Section 5.1.5.A., it seemingly implies that fabrication as a use is limited to uses small in scale such as clocks, medical, dental and drafting instruments, and games and toys as examples. The UDC lacks a definition for "fabrication" therefore, it is up to staff to interpret and make a determination with respect to classification. Analysis included a review of the former Zoning Ordinance, which classified steel fabrication as a heavy industrial use. Other considerations are as follows: • The proposed rezoning is not consistent with the Future Land Use Plan's designation of the property as light industrial. • The light industrial designation of the subject lots and other adjacent properties serves to provide a transition from heavy industrial uses and other uses to the benefit of the other uses. • West Oso School and residential development exist in the vicinity of the subject property. Altering the character of the area by changing the designation to "IH" Heavy Industrial may have an adverse impact on the school and nearby residential uses. Planning Commission Final Report Page 4 • Although, the fabrication use as proposed by the applicant may be easily integrated into the subject site without creating adverse impacts on adjacent properties, it is likely that a change in designation to the "IH" Heavy Industrial District may promote other requests for rezoning to the "IH" District. • A change to the "IH" Heavy Industrial District for this property could set precedence for other requests for rezoning to the "IH" District, which could consequently alter the character of the immediate vicinity. • A change to "IH" Heavy Industrial District would permit other uses, including but not limited to Sexually Oriented Businesses or other heavy industrial uses that produce excessive noise, dust, and lighting not appropriately located adjacent to a school or residential areas. • It is Staff's opinion that a Special Permit will accommodate the applicant's request to merge the fabrication use with other operations on the site without altering the Future Land use Plan and the overall character of the area. • Staff has developed recommended conditions for a Special Permit should the Planning Commission desire to recommend approval of a Special Permit in lieu of granting the rezoning to the "IH" Heavy Industrial District or denying the applicant's request Planning Commission and Staff Recommendation: Denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit for the fabrication and assembly of steel components subject to the following conditions: 1. Use Regulation: The only use permitted under this Special permit, other than those allowed by right in the "IL" Light Industrial district, is the fabrication and assembly of steel components, including all other operations described herein including the assembly of oil rig components and the storage of equipment and vehicles necessary to conduct operations. 2. Access: Vehicular access shall be limited to Flato Road. 3. Noise: The Owner shall comply with the City's Noise Ordinance. 4. Site Plan: The site plan may be altered to permit a different orientation of the building, however, in no case shall the fabrication building be located closer than 100 feet from the most southerly property line of the site or exceed 50,000 square feet. 5. UDC Requirements: The Owner shall comply with all other specific development standards, such as but not limited to, landscaping, screening, and off-street parking and loading, as required by the Unified Development Code. 6. Time Limit: The Special Permit shall expire in four years if a building permit to construct the fabrication facility has not been obtained within that time period. Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 9 outside notification area As of June 22. 2015: In Favor — 4 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) 2. Site Plan 3. Zoning Application Date-reatedR/1 2515 pared BBy(jd finkm, f�Developmeiat Ser$ic2Ls— \-1 \'7' IL 3 a IL SP -108-03 IL SP/0(9-05 ,421 5 RM -3 11 2 ti RS -6 H PROPERTY 6 10 0 400 800 Feet RS -6 RM -1 Department CASE: 0615-02 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 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 LEO ARL 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 �rAGNES� SUBJECT PROPERTY CCIA 4 W 0 Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP ilk City of Corpus Christi HATES Corpus C Golf Cen HORNE LOCAMIOM MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRtS11 4110 oCountryr, 1 I - sty ee ti y Pie !No. 1924a2 r. Carnron Street (5o' 300 200 100 200 400 Site Plan for a 13.6.3 Acre Tract of Land, comprised of all of Loth 19A & 19B, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 47, Page 250, Map Records of Nueces County. Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. 4' URBAN ENGINEERING 1st MOf w 104 TORS 1001 NO. 1=2400 7753 SeAn11O! ON, COM; 150010. Ot 70004 14KNE: 201.060.5101 WitU IAl00Ym1 DATE May 8, 2015 SCALE: 1 =200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: XG u rb an s u rveyl Ou rb a n o n g. c o m 02015 by Urban Engineering nnnld,tll4:o VYTpIM an than c 6 1 Ac -no OLA 15-10000035 K WEVELOPMENTSVCSISHAREDLLAND DEVELOPMENRORDINANCE ADMINISTRATIONIAPPL1CATION FORMS'FORMS AS PER us.AL 21ZONING APPUCATION 2012 DOC 15 -10000035 ar APPLICATION FOR A CHANGE OF ZONING • . 0615-02 050042 Case Na.: Map No.: C1r. OF CORPUS CHRa9 I DEVELOPMENT SERVICES 40. N *Planning Commission Hearing Dale: 6/3/15 P 0 Box 9277 Corpus Chnsti. Texan 711469-9277 (361)326-3240 P Location: Citv Hall Council Chambers.1201 Leopard Street at 5:30 n.m. Located at 2406 Leopard Street (Caner of Leopard Street and Port Avenue) *A maximum allive applications are scheduled per hearing. Applicallons received after the Jive maximum will be scheduled 10 the next available meeting. I. Applicant/Representative: Urban Engineering Telephone: ( 361 ) 854-3101 Address (City, State, Zip): 2725 Swantner Drive, Corpus Christi, Texas 78404 E-mail Address: — Cell Phone: ( ) 2. Property Owner(s): Orion Drillini Company, LLC Telephone: ( 361 ) 654-7322 Address (City, State, Zip): 674 Flato Road, Corpus Christi, Texas 78405 E-mail Address' Cell Phone: ( ) Ownership Type: ❑ Sole • Partnership © Corporation • Other: 3. Current Zoning and Use: IL Industrial Proposed Zoning and Use: IH Industrial Project Address: 674 Flato Road Area of Request (sq. ftJacres): 13.63 acres 12 -Digit Nueces County Tax ID: 7430-0006-0190 __ _-_--, If platted, Subdivision Name: Roblex Industrial Area Block: 6 Lot(s): 19A,19B,20 & ; Legal description: 13.63 Acs belnn all of Lts 19A, 19B and 21, Block 6 and a port. of Lot 20, Block 6, Roblex Industrial Area 4. DOCUMENTS REQUIRED: IF APPLICABLE: © ATTACHED Land EJ © Use Statement ['Disclosure of Interest Executed Appointment of Agent Metes and bounds if request is for a portion © of Copy of Warranty Deed a platted lot or an unplatted lot 1 cerci t the information provided is accurate, correct and signed b all owrs. (Owner's Si nature) (Applicant's Signature) L )n,,,)r Sou,Pcs P --"lab C. £L4J.! (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011). 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 011ice Use Only Date Received: .5 -5 -AS Received By: Application Fee: Rid - 10,00 - 24.99 acres 25 * acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign No. Signs Required c::./— X $ L0 Sign Fee: Z.0 .O Total: f Qq 4 .75 Sign Posting Date: ADP: WS Form Revised 8124112 K WEVELOPMENTSVCSISHAREDLLAND DEVELOPMENRORDINANCE ADMINISTRATIONIAPPL1CATION FORMS'FORMS AS PER us.AL 21ZONING APPUCATION 2012 DOC 15 -10000035 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The developer/owner is requesting a change of zoning from Light Industrial to Heavy Industrial. The Re -zoning is being requested to allow for the future development of a Fabrication Facility on their existing business location. The new facility will contain approximately 25,830 square feet with a building height of 24 feet. Hours of operation will be between the hours of 6:30 a.m. and 6:30 p. m. The phasing schedule of this project is unknown at this time. The new facility will add 40 additional parking spaces. Signage will include the business logo on the face of the building. The existing facility uses include administrative, engineering, assembly, integration of drilling rig construction. Currently fabrication of substructure and mast elements are conducted off-site. The proposed zoning change will permit the moving of the fabrication elements on-site. These work elements will not substantially change existing use and character of site with rig assembly and manufacture still to be done on existing site. 2. Identify the existing land uses adjoining the area of request: North - Zoned IL (Industrial) South - Zoned RS -6 (School) East - Zoned RS -6 (Vacant/Agricultural) West - Zoned IL (Vacant/Agricultural) K 1DEVELOPMENTSVCSISHAREDILAND DEVELOPMEN \ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGALILAND USE STATEMENT FOR ZONING DOC HATES Corpus C Golf Cen HORNE LOCAMIOM MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRtS11 4110 oCountryr, 1 I - sty ee ti y Pie !No. 1924a2 r. Carnron Street (5o' 300 200 100 200 400 Site Plan for a 13.6.3 Acre Tract of Land, comprised of all of Loth 19A & 19B, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 47, Page 250, Map Records of Nueces County. Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. 4' URBAN ENGINEERING 1st MOf w 104 TORS 1001 NO. 1=2400 7753 SeAn11O! ON, COM; 150010. Ot 70004 14KNE: 201.060.5101 WitU IAl00Ym1 DATE May 8, 2015 SCALE: 1 =200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: XG u rb an s u rveyl Ou rb a n o n g. c o m 02015 by Urban Engineering nnnld,tll4:o VYTpIM an than c 6 1 Ac -no OLA PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 674 Flato Road, Corpus Christi, Texas 78405 Legal Description (Subdivision, Lot, Block):13.63 acres being all of Us 19A, 19B and 21, Portion of U 20, Block 6, Roblex industrk Applicant Name: Orion Drilling/Urban Engineering Address: 674 Flato Road Telephone: (361)654-7322 City/State/Zip: Corpus Christi, Texas 78405 Email: tryan@oriondrilling.com Application Status (Select One)• LTJ Rezoning Site Plank0Street Closure Existing Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 1363 37,708sf IL Industrial 110 1.08 40.72 per 1,000sf 40 72 Proposed Land Use Tract Acres Building (SF) Zoning Land Use 1.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 13.63 63.538sf IH Industria' 120 0 68 43,21 per 1.000sf Total Total 43.21 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Flato Road Yes 24' 52' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with Elthe City to discuss the scope and requirements of the analysis prior to beginning the T1A. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not Elexceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES to the proposed projcct will require a new TIA determination to be made. Exhibit A 13.63 Acre, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 41834.B5.00 March 9th, 2015 Fieldnotes, for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 193, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 47, Page 250, Map Records of Nueces County, Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20; said 13.63 Acres being more fully described by metes and bounds as follows: Beginning, on the East Right -of -Way of Flato Road, a public roadway, the Southwest corner of Lot 18, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the said Map Records, for the Northwest comer of the said Lot 19A and this tract; Thence, North 90°00'00" East, with the South line of the said Lot 18, the North line of the said Lots I9A and Lot 193, 1298.36 feet, to the West line of a 1.383 Acre Tract of Land, described in deed from Brent L. Riley, to the City of Corpus Christi, Texas, as recorded in Volume 2209, Pages 187-189, Official Public Records of Nueces County, Texas, the Southeast comer of the said Lot 18, for the Northeast corner of the said Lot 19B and this tract; Thence, South 00°00'00" East, with the West line of the said 1.383 Acre Tract of Land, the East line of the said Lots 19B, at 167.75 feet, pass the Northeast corner of the said Lot 20, the Southeast comer of the said Lot 193, continue with the said West line, at 335.50 feet, pass the Northeast corner of the said Lot 21, the Southeast corner of the said Lot 20, at 405.55 feet, pass the Northwest corner a 0.216 Acre Tract of Land, described in deed from Alexander E. Cox and Elbert S. Cox, to the City of Corpus Christi, Texas, as recorded in Volume 2230, Pages 290-292, said Official Public Records, the Southwest corner of the said I.383 Acre tract, continue with the West line of the said 0.216 Acre tract, in all 550.26 feet, to the North Right -of -Way of Camron Street, a public roadway, the Southwest corner of the said 0.216 Acre Tract, for the Southeast corner of the said Lot 21 and this tract; Thence, North 90°00'00" West, with the said North Right -of -Way, the South Iine of the said Lot 21, 1298.36 feet, to the East Right -of -Way of the said Flato Road, for the Southwest comer of the said Lot 21 and of this tract; Thence, North 00°00'00' West, with the said East Right -of -Way, the West line of the said Lot 21, 214.76 feet, to the Southwest comer of the said Lot 20, the Northwest corner of the said Lot 21, for an outer ell corner of this tract; Thence, North 90°00'00" East, with the South line of the said Lot 20, the North line of the said Lot 21, 721.00 feet, to an inner ell corner of this tract; Thence, North 00°00'00" West, 167,75 feet, to the South line of the said Lot 19B, the North line of the said Lot 20, for an inner ell corner of this tract; Thence, North 90°00'00" West, with the South line of the said Lot 19B, the North Line of the said Lot 20, 721.00 feet, to the East Right -of -Way of the said Flato Road, the Northwest comer of the said Lot 20, the Southwest comer of the said Lot 19B, for an outer ell corner of this tract; S:tiSuryeying1418341B5001OFF10EIMETESAND BOUNDS1041834B500 FN I3.63Acrss_20t50309.doc Page 1 oft (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lots 19B, at 35.00 feet pass, the Southwest comer of the said Lot 19A, a Northwest comer of the said Lot 19B, in all 167.75 feet, to the Point of Beginning, containing 13.63 acres (593,488 Square Feet) of land, more or less. Bearings are based on the recorded plat of Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the Map Records of Nueces County, Texas. This description was prepared from Record Documents and does not represent a current on the ground survey. 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. S:1Surveying1418341135001OFFICE\METES AND BOUNDS5041834B500_FN_13.63Acres 20150309.doc Page 2 of 2 URBAN ENGINEERING ,t,4G(..-rt. Keith W, Wooley, License N 54'3 Z, 1 x ii V fY o a= .4-+� "1Sn0— LL- Sr. 8- z z BAITS SITE Point of Beginning 0 REAR ict 4, d9 N 1are HORNE MITA k1ENDQZ.A Lot 18, Block 6 Roblex Industr'al Area Vo . 45, Pg. 53, Map Records of Nueces County, Texas N90'00'00"E 1298.36' LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI II 1.383 Acres Vol. 2209, Pg. 187-189 ,- - (Owner: City of Corpus 11 Christi, Texas) I I II^ 10'UE. Lot 19A, Biodk 6 Robles Industrial Area 390'8.1.. Lot 196, Block 6 Robles Industrial Area Vol. 47, Pg. 250, Map Records of Nuecso County, Texas 1 N N90'00'00"W 721.00' N90'00'00"E 721.00' Lot 20 10' Gas Pipeline Easement City of Corpus Christi, Nueces County Clerk I File No. 192469 10'8. Lot 21 10'u,E. 3 13.63 Acres g(593,488 Sq. Ft.) 1[7 els Z_of�4p, 577.36' 7 to W 0 N h N 0 0 300 200 100 0 N90'00'00"W 1298.36' Camron Street (50' Row) 200 400 GRAPHIC SCALE 1' =200 0.216 Acres Vol. 2230, Pg. 290-292 (Owner. City of Corpus Christi, Texas) Exhibit B Sketch to Accompany w FIELDNOTES for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 19B, Block 6. Robiex Industrial Area, a map of which is recorded in Volume 47. Page 250, Map Records of Nuecee County. Texas and all of Lots 20 & 21, Block B, Robles Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. 1 II ENGINEERING URBAN n~ w, 145. ,sae All ,«s 1011203oo 1725 MADER OIL Carta 061611. 7640. DATE MAR. 6, 2015 SCALE 11'200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylaurbaneng.com 02015 b Urban En•ineerin • X71 , - 77. , •,.. APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swantner Drive City: Corpus Christi State: Texas Zip: 78404 Home Phone: ( ) Business Phone: j 361 ) 854-3101 Cell: ( 1 acknowledge and affirm that i will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's rords and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this bindi g appointment on behalf of the entity, and every reference herein to "1", "my", or " " is a reference ,;j h enti *Signature of Agent: Printed/Typed Name of Agent: Urban Engineering *Signature of Property Owner: 1 Title: aGt/0/11L Printed/Typed Name of Property Owner: Orion Drilling C''mpany, LLC Date: Title: CCtaj Prc5�r�c.�f.. Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Dale: *Application must he signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. n W Brown APPOINTMENT OF AGENT2-1909 doc City of Corpus = Christi ...rr,a.sses DISCLOSURE OF INTERESTS Ciq of Corpas Christi, Teams Department of Oat,eloprment Sat ;CRS P.O. Box 9277 Corpus Christi, Texas 71469.9277 (361)126-3240 Located at: 2496 Leopard Street (Comer of Leopard Si. and Port Ace.) 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. It the question is not applicable, answer with "NA'. NAME: Orion Drilling Company, LLC STREET: 674 Flato Road CITY: Corpus Christi, Texas ZIP: 78405 FIRM is: I Corporation 0 Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee Wayne M. Squires Port of Corpus Christi Authority 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 N/A Consultant CERTIFICATE 1 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 CAJI 5 Title: CCU / l_iC5 rrc n� Date: 7 ' / el /1 r1 k WEVELOPMENtSVCS'SHARED'I ..ND DEVELOPMkN NARDI NAM 1. noMINISr RATIumArr IC fION FORALSIFORMS AS PER LEGAL12012'DISCLDSURL OF INTERESTS STATEMENT! 2712 DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P 0 Box 9277 Corpus Christi, Texas 78469.9277 (361)826-3240 Located al 2406 Leopard Street (Corner of Leopard St and Port Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 FIRM is: ❑ Corporation ❑x Partnership ❑ Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and withheld disclosure of any information requested; the City of Corpus Christi, Texas as changes occur correct as of the date of this statement, that 1 have not knowingly and that supplemental statements will be promptly submitted to Certifying Person: R440 0 i_ (Print) Signature of Certifying Person: Title: Date: f /t/by y5 K IDEVELOPMENTSVCSSSHAREDU.AND DEVELOPAILNTSORDINANCE ADM1NISTRATIONLMPPLICATION FORMS,FORMS AS PER LEGAL520121DISCLOSt1RE OF INTERESTS STATEMENT] 27 12.DOC Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 23, 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 4002 River Walk Drive CAPTION: Case No. 0615-03 Coastal Signature Homes, LLC: A change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. PURPOSE: The purpose of this item is to rezone the property to allow the construction of a single- family house. RECOMMENDATION: Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District for the construction of a single-family house. The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). It is staff's opinion that the request to rezone conforms to the Comprehensive Plan and the Northwest Area Development Plan with respect to land use and infill development policies contained therein. The request to rezone the property to "RS -4.5" Single Family 4.5 District is consistent with the Future Land Use Plan which identifies the subject property as low density residential. The request, if approved, would allow development to occur consistent with immediately adjacent residential properties. Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area. 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 (ADP). The proposed rezoning to the "RS -4.5" Single Family 4.5 District is consistent with the Northwest Area Development Plan (ADP) and 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 Coastal Signature Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 1, River Heights Subdivision ("Property"), from the "ON" Office 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 Coastal Signature Homes, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -4.5" Single Family 4.5 District, and on Tuesday, July 14, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Coastal Signature Homes, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive (the property), from the "ON" Office District to the "RS -4.5" Single Family 4.5 District (Zoning Map No. 068051), 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 0615-03 Ordinance - Coastal Signature Homes, LLC Page 2 of 2 z O MEL'EX DR—R S 6 N © COL•UMBIA-RIVE _ " NORTHWEST BLVD CG -2 op N N Date Create •: 5/13/2015 Prepared By: jeremym Department of Development Services CASE: 0615-03 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 SUBJECT PROPERTY F.M-624 s 3 1 1LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 0615-03 HTE No. 15-10000036 Planning Commission Hearing Date: June 3, 2015 Applicant & Legal Description Applicant/Owner: Coastal Signature Homes, LLC Legal Description/Location: Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. Zoning Request From: "ON" Office District To: "RS -4.5" Single Family 4.5 District Area: 0.23 acres Purpose of Request: To allow the construction of a single-family house. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "ON" Office District Vacant Low Density Residential North "ON" Office District Low Density Residential Low Density Residential South "CG -2" General Commercial District Commercial Commercial East "CN -2" Commercial Neighborhood District and "RS -6" Single- Family 6 District Low Density Residential and Vacant Low Density Resident and Commercial West "ON" Office District Low Density Residential 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 low density residential uses. The proposed rezoning to the "RS -4.5" Single Family 4.5 District is consistent with the adopted Future Land Use Plan and the Northwest Area Development Plan. Map No.: 068051 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the east side of River Walk Drive, near the intersection with Trinity River Drive. The subject property has approximately 115 feet of street frontage along River Walk Drive, which is classified as a local residential street. The Maximum Desirable Average Daily Trips (ADT) for a local residential street is 500. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume River Walk Drive Local Residential 50' ROW 28' paved 45' ROW 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. Development Plan: The applicant indicates intent to develop a single-family residence on the subject lot per the land use statement submitted with the application to rezone. Existing Land Uses & Zoning: North of the subject property is a single-family home developed on a lot zoned "ON" Office District. To the south of the subject property, is a retail shopping center on property zoned "CG -2" General Commercial District. East of the subject property are single-family homes on lots zoned "RS -6" Single -Family 6 District and vacant land zoned "CN -2" Neighborhood Commercial District immediately south of the existing single-family development. West of the subject property across River Walk Drive is a single-family home on a lot zoned "ON" Office District. The subject lot was zoned, "AB" Professional Office, on November 30, 1999. The "AB" zoning district was subsequently retitled "ON" Office upon adoption of the Unified Development Code. The "AB" zoning designation permitted the construction of a single- family residence while the "ON" Office District does not, thus the reason for the request for rezoning. Plat Status: The subject property is a platted lot within the River Heights Subdivision and is comprised of 0.23 acres. The plat was approved in April of 2000 and recorded in September of 2000; volume 60, page 187. 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 Northwest Area Development Plan (ADP). The proposed rezoning to the "RS -4.5" Single Family 4.5 District is consistent with the Northwest Area Development Plan (ADP) and the adopted Future Land Use Plan's designation of the property as low density residential. Planning Commission Final Report Page 3 Department Comments: • The request to rezone conforms to the Comprehensive Plan and the Northwest Area Development Plan with respect to land use and infill development policies contained therein. • The request to rezone the property to "RS -4.5" Single Family 4.5 District is consistent with the future land use plan which identifies the subject property as low density residential. • The request if approved would allow development to occur consistent with immediately adjacent residential properties. • Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. Public Notification Number of Notices Mailed — 46 within 200 -foot notification area 4 Outside notification area As of June 23, 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) 2. Zoning Application Planning Commission Final Report Page 4 CASE: 0615-03 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 oN Professional Office RM -Ar Multifamily AT CN -1 Neighborhood Commercial CN -3 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Inten61Ve COmmerelal CRD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H HlatorIc Overlay BP Business Pala IL Light Industrial IH Heavy Industrial Pu0 Planned1nit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 55-4.5 5ingle-Famlty 4.5 R0 -TF TWo-Family RS•16 Single -Family 15 RE Residential Estate RS -TI$ Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners with 200' buffer O i favor 4 Owners within 20O'lisledon V Owners attached Pwnerahlp table A n appos;r;on SUBJECTI' PROPERTY, LOCATION MAP City of Corpus Christi o ■ o fill APPLICATION FOR A CHANGE OF F ZONING Case No.: 0615-03 Map No.: 068051 crry OF CORPUS CHFIISTI DEVELOPMENT SERVICES PA. sox 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street (Comer of Leopard Street and Pon Accnue) 0 ►7 *Planning Commission Hearing Date: 6/3/15 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. Q *A maximum affrve applications are scheduled per hearing. Applications received after the five marimunr will be scheduled to the nert available meeting. . 1. Applicant/Representative: COOS/Ati lis it. tic A.Telephone: ( 360) 3�1�f5e �� Addres fy, tae, rGr l /Vivi Iv 7X 76- iE-mail E-mail Address: Cell Phone: (V ) 316 —60i-; 2. Property Owner(s): ,jam Telephone: ( ) --,1 Address (City, State, Zip): E-mail Address: Cell Phone: ( ) Ownership Type: ❑ Sole 0 Partnership ❑ Corporation ■ Other: 1144( 3. Current Zoning and Use: CSN Proposed Zoning and Use: ProjectAddress: _-44 ,-{,q 4J4/4 - Area of Request (sq. ft. acres): _ _ _ I2-Digit Nueces County Tax ID: jilit0 - 0'0 0 / - 0_01 0 f If platted, Subdivision Name: 12.47,44` ,L((''[1 Ck°1 Block: Lot(s): dt Legal description: j 7 -. /3/00k 4. DOCUMENTS ATTACHED REQUIRED: ❑ Land IF APPLICABLE: ■ • Use Statement ❑ Disclosure of Interest Executed Appointment of Agent Metes and bounds if request is for a portion • of Copy of Warranty Deed a platted lot or an unplatted lot I certify that the information provided is accurate, correct and signed by all owners. / -7///a41- C-7a.bj —___7/1-Ce4,1 -.--a.bsa (Owner' mutt) Appl cant' 1aturc) 0 (.; Maria E. Vaiz 4 [�lzr'l Maria E. Vaiz ( wnc s elute Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 201 1): 0.00 - 0.99 acre 5 1,107.50 Office Use Only Date Received: ..57i1/1.5 Received By: A 1 1.00 - 9.99 acres $ 1,692.50 Application Fee: 1 (0 7. ,5_ D 10.00 - 24.99 acres $ 1,976.75 / 1 No. Signs Required X $10 Sign Fee: y o -0 25 + acres $ 1,976.75 plus 550.00 per acre 25 ,..1C Total i 1 S over acres Sign Posting Date: ADP: N Notice Sign Fee 510.00 per sign Form Revised 8124112 h %}F:VIYOP.�IF>'.11 SVCS SNARE:O'LANO OEfVLI OPMLNROROINANCE. ADMINISTRATION APPLICATION FORMS FORMS AS PLR 1I:GALL'012V-ONING API'I ICA1`.ON 2012.00C 15-1 QJc90o36 CITY OP CORPUS CF-RISTI DEVELOPMENT SERVICES P 0 Sox 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at 2406 Leopard St LAND USE STATEMENT Complete Iand use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. m 7 pckid sit j e. Fhtfrulyti--/-177tA4 arLi identify the existing land uses adjoining the area of request: North - South - East - West - F::1[?IiVI LlWMENtSVCS;SHAREH.LANL) PF:VIi1.01'NII[NRORPINANCIt. I)MINISTRATIONIAI'I'I 1CATION FORNIS,FORNIS AS KR I I GAL1. ANU LSF ST.iTEmENtFOR 7ONIt C DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Coastal Signature Homes, LLC STREET: 6217 Sir Jack St. CITY: Corpus Christi zip: 78414 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association ['Other LLC 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) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alex Vaiz Maria E. Vaiz Title: Members (Print)' / Signature of Certifying Person: 4 v-Na4.4. .. (I/a ate: 05/12/15 K:ADEVELOPMENT SVCS\ SHAREDA LAND DEVELOPMENT\ORDINANCE ISTRATION\APPLICATION FORMS\ FORMS AVER LEGAL\ 2012\ DISCLOSURE OF INTEREST S STATEMENT 1.27.12.DOC Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 22, 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 450 Caribbean Drive and 3004 Jamaica Drive CAPTION: Case No. 0615-05 Michael Havelka: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential uses. The property is described as being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. PURPOSE: The purpose of this item is rezone the property to allow a 33 -unit single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS - 6" Single -Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multifamily 1 District to the "RS -6" Single -Family 6 District to allow the development of a 33 -unit single-family subdivision. It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is consistent with elements of the city's Comprehensive Plan and Flour Bluff Area Development Plan to allow for a low-density residential use. An "RS -6" District would allow uses that are compatible with the surrounding development and it is Staff's opinion that a single- family residential development increases the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with the adopted Future Land Use Plan but is consistent with the Flour Bluff Area Development Plan. 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 Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), by changing the UDC Zoning Map in reference to 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 17, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -6" Single -Family 6 District, and on Tuesday, July 14, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District (Zoning Map No. 036028), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, 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. 0615-05 Ordinance - Michael Havelka 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 0615-05 Ordinance - Michael Havelka Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of a 9.492 acres of land out of Lot 6, Tropic Estates, as shown in Volume 41, Page 55, Map Records Nueces County, Texas. and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 - 42, Map Records Nueces County, Texas. Said 9A92 acre tract also being out of a 8.82 acre tract of land described in a deed recorded in Document No. 2005030996, Deed Records Nueces County, Texas. Said 9.492 acre tract being more particularly described as follows. BEGINNING at a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for the east corner of Lot 3, Tropic Estates Unit 2, as shown on a map recorded in Volume 28, Page 68, Map Records Nueces County, Texas, and for an outside corner of this survey. THENCE North 61°24'06" West, a distance of 398.18 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°36'08" West, a distance of 55.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°12'16" East, a distance of 59.95 feet to a 5/8" iron rod set in the northwest line of said Lot 3 and for an outside comer of this survey. THENCE with the northwest line of said Lot 3, South 28°41'50" West, a distance of 263.86 feet to a 5/8" iron rod set in the north right of way of Caribbean Drive, for the west corner of said Lot 3, and for the south corner of this survey. THENCE with the north right of way of Caribbean Drive, North 61°23'14- West, a distance of 394.89 feet to a 2" iron pipe found for the south corner of Lot 2, Tropic Estates Unit 1, as shown on a map recorded in Volume 26, Page 12, Map Records Nueces County, Texas, and for the west corner of this survey. THENCE North 28°36'46" East, a distance of 625.98 feet to a 5/8" iron rod set for an outside corner of this survey. THENCE South 61°19-47- East, a distance of 54.25 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE North 28°36'46" East, a distance of 416.33 feet to a drill hole found in the southwest line of Lot 26, Block 1, South Sea Islands, as shown on a map recorded in Volume 46, Pages 118 - 119, Map Records Nueces County, Texas, and for the north corner of this survey. THENCE South 61°22'31" East, a distance of 342.74 feet to a point in the northwest right of way of Jamaica Drive for an outside corner of this survey. THENCE with the northwest line of said Lot 5, South 28°44'42" West, a distance of 316.54 feet to a 5/8" iron rod found for the west corner of said Lot 5, and for an inside corner of this survey. THENCE with the southwest line of said Lot 5, South 61°15'34" East, a distance of 337.82 feet to a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for an outside corner of this survey. THENCE with the northwest right of way ofJamaica Drive, South 28°41'36" West, a distance of 50.15 feet to a 5/8" iron rod found for an outside corner of this survey. Exhibit "A" THENCE North 61°18'00- West, a distance of 338.12 feet to a 5/8" iron rod found for the north corner of Lot 4R, Tropic Estates, as shown on a map recorded in Volume 33, Page 29, Map Records Nueces County, Texas, and for an inside corner of this survey. THENCE South 28°43' 17" West, a distance of 86.24 feet to a 5/8" iron rod set in the northwest line of said Lot 4R, for an outside corner of this survey. THENCE North 61°25'13" West, a distance of 35.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°40'40" West, a distance of 219.47 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°24'24" East, a distance of 373.32 feet to a 5/8" iron rod found in the northwest right of way of Jamaica Drive, for the south corner of the 0.69 acre Joe and Joanne Cyr tract, and for an outside corner of this survey. THENCE with the northwest right of way of Jamaica Drive, South 28°41'36" West, a distance of 50.30 feet to the POINT of BEGINNING, and containing 9.492 acres of land. more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 26, 2015. Job No. 14179 Exhibit ""A" GRAPHIC SC AT F AD -10101R 1.31_11 A. LAN13.13. MANSE,. 0.25 ACRTS OLT OF 10, TROPIC ESTATES ,T,AGAG4HRFoR FAITTRIT OF A9492 ACRL TRACI' 'grA'R'XIT'lf-V= TrTT=TAT-A's -TTATT9T Tr A Trx 9TIATT N.0133,3303.3 .31-330110INC, 01_71 013 3 33.3331131.. "I Or AN301317. AMEN IN 3.13 ;IN 1 31113 A 31.311.0,1133 TROPIC ESTAITS10130 1030 0 63 ACNE, 001 01 1303 11.11.110N 13 MN 1011 NI NA 10010.10 1311,1 1 L 3,13,1,311013,1311 111.AINING 15, AC111 3 OUT OF 801 ACRES 00C NO 20,2022.3 11131. 1 Brister Surveying LOT. 1013 V01 28. 11. Exhibit "B" 0 LOT. 0 SOU1110.3131,1. T 11'• 7 1013 TROPIC FVENTFS It1 101111 SFCT1ON 33 VO1 A,POS. - 43, 4' PLANNING COMMISSION FINAL REPORT Case No. 0615-05 HTE No. 15-10000031 Planning Commission Hearing Date: June 17, 2015 Applicant & Legal Description Representative: Joe L. Garcia Applicant/Owner: Michael Havelka Legal Description/Location: Being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "RS -6" Single -Family 6 District Area: 9.49 Purpose of Request: To allow the development of a 33 -unit single-family subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Low Density Residential Low Density Residential East "RM -1" Multifamily 1 Vacantand Medium Density Residential Medium Density Residential West "RS -6" Single -Family 6 Vacant and Estate Residential Low Density and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with the adopted Future Land Use Plan but is consistent with the Flour Bluff Area Development Plan. Map No.: 036028 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 500 feet of street frontage Caribbean Drive and two 50 -foot areas of frontage along Jamaica Drive, which are both "01" Collectors. The subject property is located along the north side of Caribbean Drive approximately 350 feet west of Jamaica Drive. Planning Commission Final Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District to allow the development of a 33 -unit single-family subdivision. Development Plan: The applicant is proposing a single-family subdivision with 33 lots, each with a minimum of 6,000 square foot. Existing Land Uses & Zoning: North and south of the subject property are single- family homes in the "RS -6" Single -Family 6 District. East of the subject property is a vacant lot and the Tropical Estates Apartments zoned "RM -1" Multifamily 1 and west is a vacant lot and a residential estate home in the "RS -6" Single -Family District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the Flour Bluff ADP. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: o Appropriate transitions should exist between high-density and low-density (less than 10 units per acre) residential dwellings (Residential Policy G) o Infill development should be encouraged on vacant tracts within developed areas (Residential Policy H) o Residential street designs should improve the safety and quality of residential areas (Transportation Policy D) o To assure adequate circulation and egress in times of emergency, the city places as a priority extension of Debra/ Jamaica Street as a north/south collector north of Mediterranean to serve as relief to Laguna Shores road (Flour Bluff ADP Policy C.3) 0 Plat Status: The subject property would need to be platted. Department Comments: • The requested zoning would allow for a reduced density type of residential development providing for a better land use transition between the residential estate uses to the west and the medium density uses to the east. This area of Flour Bluff is largely residential and the proposed development would continue that trend. • It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is consistent with elements of the city's Comprehensive Plan and Flour Bluff Area Development Plan to allow for a low-density residential use. Planning Commission Final Report Page 3 • A "RS -6" District would allow uses that are compatible with the surrounding development. • Staffs opinion is that a single-family residential development does increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District. Public Notification Number of Notices Mailed — 49 within 200 -foot notification area 5 outside notification area As of June 10, 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) 2. Site Plan 3. Zoning Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-05 Michael Havelka (Joe L. Garcia)\Council Documents\0615-05 Report for CC - Michael Havelka.docx o Date Great d: 51,27 / Prepare& By: jeremym D -part em of DVvelohimeiirServices/ /1/ 1\ CASE: 0615-05 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 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 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 O� O� �Pv LOCATION MAP ilk City of Corpus Christi �'m iU I.H?)IN AIS 3.Ai101 Q 'QINl U. A 1 E. 9 ZZo Ir Sod Y 't0& OLLtaS 1110'0 :ll.Yv> 11 v1lla?3� CitrkI 5c v X — —3 ;r 9 r 11'12 .52'68 3 60.61..195 ®� 1006 3S 22Sx S71uvvnro 147-1 ▪ at $311311 WIC 0 asmm� LI 101 4▪ 11,, 2.2132.2221 it 1(Y� aI i 11 F1uxuE1 i • .28'68£ 2.'8.8419S o»lo�b ti 7 .;18£5 ALIX7.84219 1 / 02 sero./ 6101 Y y utV 1.1.1..101N•JIY 1IgQ o x, SINJf .10 01 St1UrYni"U rT -1.6.1-10111 It S9d Y10A 19Y33 Y'N3 i5 NOLO". IGINE'cit 510'1 .i01110 S3bJt' nYa >L� ay.Nvor a au1 217505 3.rZ.2Z<19S A'S I's,,Ot 711Ld.1.71, t7..11 RC 113201 AI 86k AL90.2Z.MN NI. Sri II Oran 4 SiYJf fry -u .101 .00,11 s --t I': p"I " a I`A` .—� r 1..',;t .68'665 AL2I.£Z I9N S.JttfVA tErn ao J 3A72IQ NY 5rn1 1VD -r J OlOO! /d aao03 / crux DF cDRPus C RIsTi DEVELOPMENT SERVICES P O Box 9277 Corpus Christi Texas 78469-9277 (361)626.3240 Located at 2406 Leopard Street (Conics of Leopard Street and Port Avenue)_ APPLICATION FOR A _ CHANGE OF ZONING Office'Use Only Case No.: 06 I5—D 5 Map No.: O tJo�O *Planning Commission Location: City �7 Hearing Date: I ////' l Hall Council Chambers, 1201 Leonard Street at 5:30 p.m. *A maximum offre applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meetinz. ae ‘,, 6- I. Applican Representativ - -`-- Address (City, SIF , -Zip): __Telephone: 072/00. E-mail Address: + Phone: (( 'd 2. Pro e 3 u wn r(s): __ _, Address (City, State, Zip): ' Ni --4 " -49ZZIO Telephone:/) �� 1 2/10±- E -mail Address:_ (____J Ownership Type: ❑ Sole ❑ Partnership>Corporation Other: 3. Current Zoningand Use: Project Addres;: Proposed Zoningand Use: _-� G i t30,4W Area of Request (sq. ftiacres): _i_Vr 12 -Digit Nuece Crlenax I e'er —01 '��/� �� q If platted, Subdivision Name: �� "W;;<7. --,f-5 Block: Lot(s): 1 Legal description: , 4. DOCUMENTS ATTACHED REQUIRED: Land Use Statement IF APPLICABLE: Efixecuted Ericisclosure of Interest Copy of Warranty Deed Appointment of Agent bounds if request is for a portion of a platted lot or an unplatted lot • Metes and I certify that the information) provided is accurate, correct and silted by all os , ~ Nis— Allith4.4* /iP,°#9,41‘, .,-..:*"... \... /�i /� (O/wner's Signature) (A 1' ant`s Stgn nizi (Owner's Printed Name) . (Applicant's Printed Nan ) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 201 1) 0.00 - 0.99 acre $ 1,107.50 per acre Office Use Only Date Received: 'c-iT-i 5 Received By: ,/42) 1.00 - 9.99 acres 1,692.50 10.00 - 24.99 acres ,976.75 25 + acres $ 1,976.75 plus $50.00 over 25 acres Notice Sign Fee 2 10.00 p sign) Application Fee: / 69-7 ..0 No. Signs Required �X $10 Sign Fee: 0"1.0 Total: r ? t ,5-0 Sign Posting Date: ADP: 8 _ Form Revised 8/24/12 ti ',DEVELOPMENTS\' rsII.Mu D'LAND oEVELOIMh1ENT50RDrNAM'E AD{IINI ,1 A t ION\APPU. ATION FORMS'SORMS AS PER LEGALL012\ZONING APPLICATION 2012 DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P 0. Box 9277 Corpus Christi. TX 78469-9277 (361) 826-3240 Located at. 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and.`or proposed building(s)/unit(s), building(s)runit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. pozpze- /z4".zret--w-ri/ev>/a_p: o ZZAb'J 7:1/ 777A16. fiqp A //cii_e--pAiwz.._ti_j_ispfv,s,/ep/V op uiT_f Mx/ z'A/(A6 is NST ii/Peo ,W.F, /r /4-L o Ad ret AOa is -i /NIA4- T r�1r 17-f--0G,�// A&A/r. MAT /AIC- 1//z7Z 5 /C/ fa P')/.-1-10/7i91EA/r A AiW /Z. /G1 -a/- P441 /Alg. . ?- Identify the existing land uses adjoining the area of request: North - South-�clGLCi!/L�% East - /Sddyti-fAuff4. /Y/i4/~F '!Gy West - yAcorAlr K OE% ELOPMENTSVCS SFIAREEILAND DEVELOPNIENT ORDINANCE ADMINISTRATIONIAPPLICATION FOFLMSFORMS AS PER LEGAL LAND USE STATEMENT FOR 70\T\G DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi. Texas Department of Dc elopmentSer. tccs P 0 Box 9277 Corpus Christi Texas 78469.9277 (361)826.3240 Located ai 2406 Leopard Street (Comer of Leopard St and Pori Mc 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: A'r(M4 }446,1 4_ STREET: CITY: ! C.144i ZIP: FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of th ownership in the above named "firm". Name * j ,, 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 1</ //A 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 AA 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 N/A 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. CertifyingPerson: (th1I4?.Z t) Signature of Certifying Person: Title: OGA41 Date: 2 ti IDEVELOPMENTSVCSLSIIAREDiLAND PEVELOPM£M 1 ORDINANCE ADMINISTRATIONNAPPLICATION FORMSIFORTIS AS PER LEGALL2012.DISCLOSURE OE INTER" STS STATEMENT' 27 12 DOC euniaW City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Teats Department of Development Ser:ices P.O Box 9277 Corpus Christi Texas 78469-9277 {361926-3240 Located at: 2406 Leopard Street (Corner of Leopard Sr and Pan Ave 1 City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do City to provide the following information. Every question must be answered. If the question answer with "NA". NAME:,/ - 6 STREET: j / ;°Zi FIRM is: ❑ Corporation ❑ Partnership business with the is not applicable, CITY: /�+St Iz P: ale Owner r'4 Association 0 Other 7 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". NameA/1 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 A/ A 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 submi#ed to the City of Corpus Christi, Texas s changes occur. Z4/S!// I d/472/V7-- Certifying Person: i4 (Print) Signature of Certifying Person: albkiM !NIS:NAIIOr, LICA1::iYr•+.RM%AsrERLEGALt20I2+D1SCLOSVREOFINTERESTS DEVELOPION:SVCSSIIAREDLAND DEVELOPME*. 3.1'.Tt:MEVT 1.27 12 DOC RDINANCE Title:el? Date: STATE OF TEXAS COUNTY OF NUECES Field Notes of a 9.492 acres of land out of Lot 6, Tropic Estates, as shown in Volume 41, Page 55, Map Records Nueces County, Texas. and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 - 42, Map Records Nueces County, Texas. Said 9A92 acre tract also being out of a 8.82 acre tract of land described in a deed recorded in Document No. 2005030996, Deed Records Nueces County, Texas. Said 9.492 acre tract being more particularly described as follows. BEGINNING at a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for the east corner of Lot 3, Tropic Estates Unit 2, as shown on a map recorded in Volume 28, Page 68, Map Records Nueces County, Texas, and for an outside corner of this survey. THENCE North 61°24'06" West, a distance of 398.18 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°36'08" West, a distance of 55.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°12'16" East, a distance of 59.95 feet to a 5/8" iron rod set in the northwest line of said Lot 3 and for an outside comer of this survey. THENCE with the northwest line of said Lot 3, South 28°41'50" West, a distance of 263.86 feet to a 5/8" iron rod set in the north right of way of Caribbean Drive, for the west corner of said Lot 3, and for the south corner of this survey. THENCE with the north right of way of Caribbean Drive, North 61°23'14- West, a distance of 394.89 feet to a 2" iron pipe found for the south corner of Lot 2, Tropic Estates Unit 1, as shown on a map recorded in Volume 26, Page 12, Map Records Nueces County, Texas, and for the west corner of this survey. THENCE North 28°36'46" East, a distance of 625.98 feet to a 5/8" iron rod set for an outside corner of this survey. THENCE South 61°19-47- East, a distance of 54.25 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE North 28°36'46" East, a distance of 416.33 feet to a drill hole found in the southwest line of Lot 26, Block 1, South Sea Islands, as shown on a map recorded in Volume 46, Pages 118 - 119, Map Records Nueces County, Texas, and for the north corner of this survey. THENCE South 61°22'31" East, a distance of 342.74 feet to a point in the northwest right of way of Jamaica Drive for an outside corner of this survey. THENCE with the northwest line of said Lot 5, South 28°44'42" West, a distance of 316.54 feet to a 5/8" iron rod found for the west corner of said Lot 5, and for an inside corner of this survey. THENCE with the southwest line of said Lot 5, South 61°15'34" East, a distance of 337.82 feet to a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for an outside corner of this survey. THENCE with the northwest right of way ofJamaica Drive, South 28°41'36" West, a distance of 50.15 feet to a 5/8" iron rod found for an outside corner of this survey. THENCE North 61°18'00- West, a distance of 338.12 feet to a 5/8" iron rod found for the north corner of Lot 4R, Tropic Estates, as shown on a map recorded in Volume 33, Page 29, Map Records Nueces County, Texas, and for an inside corner of this survey. THENCE South 28°43' 17" West, a distance of 86.24 feet to a 5/8" iron rod set in the northwest line of said Lot 4R, for an outside corner of this survey. THENCE North 61°25'13" West, a distance of 35.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°40'40" West, a distance of 219.47 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°24'24" East, a distance of 373.32 feet to a 5/8" iron rod found in the northwest right of way of Jamaica Drive, for the south corner of the 0.69 acre Joe and Joanne Cyr tract, and for an outside corner of this survey. THENCE with the northwest right of way of Jamaica Drive, South 28°41'36" West, a distance of 50.30 feet to the POINT of BEGINNING, and containing 9.492 acres of land. more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 26, 2015. Job No. 14179 GRAPHIC SC AT F AD -10101R 1.31_11 A. LAN13.13. MANSE,. 0.25 ACRTS OLT OF 10, TROPIC ESTATES mo,134,, 3„„30 000 FAITTRIT OF A9492 ACRL TRACI' N3,3,133,3303.3 .31-330110INC, 01_71 013 3 33.3331131.. "I Or AN301317. AMEN IN 3.13 ;IN 1 31113 A 31.311.0,1133 TROPIC ESTAITS10130 1030 0 63 ACNE, 001 01 1303 11.11.110N 13 MN 1011 NI NA 10010.10 1311,1 1 L 3,13,1,311013,1311 111.AINING 15, AC111 3 OUT OF 801 ACRES 00C NO 20,2022.3 11131. 1 Brister Surveying LOT. 1013 V01 28. 11. 0 LOT. 0 SOU1110.3131,1. 11'• 1013 TROPIC FVENTFS 7 , It1 r 101111 SFCT1ON 33 VO1 A,POS. - 43, 4' Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 22, 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 3410 Up River Road CAPTION: Case No. 0615-06 Roman Silquero: 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 to medium density residential uses. The property is described as being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. PURPOSE: The purpose of this item is rezone the property to allow the development of a multifamily building. RECOMMENDATION: Planning Commission and Staff Recommendation (June 17, 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 the development of a multifamily building. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial. However, since multifamily uses are allowed in the commercial zoning districts, the proposed use is consistent with the Future Land Use Plan. It is staff's opinion that the proposed rezoning would not negatively impact the adjacent residential properties and is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial, however, multifamily uses are allowed in commercial districts. Therefore, the proposed use is consistent. 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 Roman Silguero ("Owner"), by changing the UDC Zoning Map in reference to the south one-half (S-112) of the east one- half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts ("Property"), 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 Roman Silguero ("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, June 17, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM -1" Multifamily 1 District, and on Tuesday, July 14, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Roman Silguero ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive ("Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 036028), as shown in Exhibit "A". Exhibit A, which is a survey 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 0615-06 Ordinance - Roman Silguero Page 2 of 2 LOCATION MAP $AR1ILOME m2—A STREET 3/ 4B \46-221 14 /IR 52-132 I 34-127 2—B I //%// j 4A IJP RIVER Scale. 1" = 200' LOT 2—A Found 5/8" I. Rod\ Found 5/8" LOT 2—B ALFRED BARTHLOME'S ACRE TRACTS Volume 34, Poge 127, Mop Records. Nuecee County, Texas 25' 0.L 0 Rod M 0 �I 10. Doc. No. 2014006079 Official Public Records, Nueces County, Texos Doc. No. 2012044685 Official Public Records, Nueces County, Texos LOT 4B Found Set1/2" I. Roo\ S 71' 6250000" En /W I. Rod \ n ✓ "—F \-- 6' ChoinlInk Fence i0 c rLL 0r 16 o Volume 2153. Page 252, r �o Doc. No. 2015010813 Deed Records, I OffIvIeI Public Records, Nuecsa County, Texas / Nueces County, Texos 50.00' LOT 3 0.7' \found 5/8' L Rod 0.5' O , 0 In In n' a a0 ALFRED LOME'S ACRE • c Volume -. Page 7, Map Re ords, Nuece▪ s aunty, Texas Iw O M 3408 Up River Road Corpus Christi, Texas 78408 z LOT 4A ALFRED BARTHLOME'S ACRE TRACTS Volume 46, Page 221, Mop Records, Nueces County, Texas 25' B.L 120.00' Found 5/8" I. Rod BY GRAPHIC SCALING ONLY THIS PROPERTY UES IN ZONE C (AREA OF MINIMAL FLOODING), AS PER THE NATIONAL FLOOD INSURANCE PROGRAM MAP OF COMMUNITY No. 465464, PANEL No, 0166. SUFFIX "C", HAVING AN EFFECTIVE DATE OF JULY 16, 1905. REFERENCE: MAP RECORDS RECORDED: VOL. 5 PAGE 7 DATE: May 31, 1926 Found 60' ' O0r, \ound 1/2' I. Pipe N 71' 25 00 W 3/4' I. Pipe z UP RIVER ROAD SURVEY OF THE SOUTH ONE—HALF (5-1/2) OF THE EAST ONE—HALF (E-1/2) OF LOT THREE (3), ALFRED BARTHLOME'S ACRE TRACTS SCALE: 1" = 30' CORPUS CHRISTI, NUECES COUNTY, TEXAS DATE: April 28, 2015 This SURVEY performed without the benefit of a Title Commitment. The undersigned does hereby certify that this survey was this day made, on the ground of the property legally described hereon, and is correct, and that there are no discrepancies, conflicts, shortages in area, boundary line conflicts, visible encroachments. overlapping of Improvements, easements or apparent rights–of–way. except as shown hereon. and said property has access to and from a dedicated roadway, except as shown hereon. This the 28th day of April, 2015. HORACIO 0LNE1RA, Regi Mred Professional Land Surveyor TEXAS LICENSE No. 1415 Exhibit "A" DWG FILE• BARTHLOM TITLE CO. GF# For: ROMAN SILGUERO OLIVEIRA LAND SURVEYING Registered Professional Land Surveyors 3206 REID DRIVE—Suite 107 --CORPUS CHRISTI, TEXAS 78404 Telephone (361) 851-2774 — Fax (361) 851-2936 TBPLS Flrm Registration No. 10108100 olaurveyingOgmail.com PLANNING COMMISSION FINAL REPORT Case No. 0615-06 HTE No. 15-10000034 Planning Commission Hearing Date: June 17, 2015 Applicant & Legal Description Applicant/Owner: Roman Silguero Legal Description/Location: Being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 0.21 Purpose of Request: To allow the development of a multifamily building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Commercial North "Cl" Intensive Commercial Commercial Commercial South "RS -6" Single -Family 6 Low Density Residential Low Density Residential East "RS -6" Single -Family 6 Vacant Commercial West "RS -6" Single -Family 6 Low Density Residential Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan but is consistent with the Westside Area Development Plan. Map No.: 048044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 60 feet of street frontage along Up River Road, which is designated as a "01" Collector street. The subject property is located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard. 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 "RM -1" Multifamily 1 District to allow the development of a four - unit multifamily building. Development Plan: The applicant is proposing a two-story 3,900 square -foot -building to be developed into four residential dwelling units or a four-plex. The site is proposed to have access from Up River Road. If the requested zoning is granted, buffer yards will be required along the west, east and north property boundary lines. A 'Type A' Buffer Yard as defined under redevelopment will consist of achieving 5 points as defined under Unified Development Code Table 7.9.7., which consists of a six-foot solid wood screening fence. Existing Land Uses & Zoning: South and west of the subject property are single- family homes in the "RS -6" Single -Family 6 District. East of the subject property is a vacant lot zoned "RS -6" Single -Family 6 District and north of the subject property is a medium density residential use in the "Cl" Intensive Commercial District, also owned by the applicant. . 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 "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial. However, multifamily uses are allowed in the commercial zoning districts. Therefore, the proposed use is consistent with the Future Land Use Plan. Additionally, the following are pertinent elements of the Westside ADP should be considered: - Where industrial uses are proposed adjacent to existing or future residential areas, buffering techniques such as greater open space and privacy walls or landscaping should be required. (Westside ADP, Policy State B.4) - Future Land Use Plan decisions should provide for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities. (Westside ADP, Policy Statement C.1) - 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 ADP, 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 ADP, Policy Statement C.6). Plat Status: The subject property would need to be platted. Planning Commission Final Report Page 3 Department Comments: • The subject property is located across Up River Road from an established single- family subdivision near Miller High School. It also backs up to commercial intensive and light industrial uses with an adjacent residential home to the west of the subject property. It is staffs opinion the properties fronting Up River Road should be redeveloped to provide better compatibility with uses needed to support residential with adequate buffering along the shared property lines with commercial and industrial uses. • It is staff's opinion that the proposed rezoning would not negatively impact the adjacent 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 is a home to the west of the subject property and an apartment complex two lots to the east. The property use is proposed to be developed for four residential dwelling units, which is well below the maximum density allowed in a "RM -1" Multifamily 1 District. • An "RM -1" Multifamily District would allow uses that are compatible for the proposed development and provide a land use transition between the intensive commercial and industrial uses to the north and the adjacent single-family use. • It is staff's opinion is that multi -family residential does increase the desirability of this vacant property. • Staff recommends multifamily residential 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 the "RM -1" Multifamily 1 District. Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 6 outside notification area As of June 22, 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) 2. Proposed Site Plan 3. Zoning Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-06 Roman Silguero\Council Documents\0615-06 Report for CC - Roman Silguero.docx LEOPARD ST n ti m ti M h SUBJECT !/PROPERTY ti N _ _ N 800 m }Feet RS -6 Date Created: 5/29/2015 Prepared By: jeremym Department of Development Services CASE: 0615-06 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 -- CHANNEL / 1 / EJECT PROPERT-I LEOPARD AGNES Is LOCATION MAP ilk City of Corpus Christi A V -<5') t • x 0 7 i . 301 Go` 45- Ipoo0 o3+' _gus cpio Development Corpus Christi, Located 0, Dept Street REZONING APPLICATION c,„ l t: rt 1i3 52- .-` Services P 0 Box 9277 Texas 78469-9277 (36l) 826-3240 at 2 06 opard Office Ilse Only Case No.: PC Hearing Meeting AM XIMUhlOFFIVEAPPLICATIONSARESCHEDULEDPERHEARING. INCOMPLETE RECOMMENDED 0615-06 Map No.: 048044 Date: Location/Time: APPLICATIONS 6/17/15 pM: Jessica Alford _ City Hall, Council Chambers. 1201 Leopard Street. at 5:30 p.m. WILL NOT BE ACCEPTED -- PRE -SUBMISSION MEETING SARE 1. Applicant: Mailing City: °� fl _ —. Contact Person : Address:1'11 0 11aVt t?.[-cJ Owner(s): Address: Y i �J YV1.ahh t State:T ZIP: Contact Person Phone: (SG I )(:)213 ,-01(31-1 Cell: ( ) 2. Property Mailing City:0 : At FI— , Ix—) i , t�1 y 0 9 p v Q I'�+� t r iJ State7Cx. ZIPR 5 Phone: (-JG i )� y 2, Li 1 q4-1 E-mail: Ownership Cell: I t 9)x()) Wqd _ 0 3 i I--1 Type: Sole °Partnership Corporation Other: 3. Subject Property Address: Current Zoning and 12 -Digit Nueces County Subdivision Name: Legal Description 21410 Up 2(u 0 r Re aet Area of Request (sq.RJacres): 9 3p 0 S Use: E s-- ‘ Cv-4A-T) Proposed Zoning and 3 ; Use: RAI-- 1 (474vg u wl.�,� Tax [ 6 aril-, 00 1( ILa -- to Q Q Q - o ci lo eY1, C. Ac re- Tru,...fs Block: Lot(s): if not platted: .., /Z ,,f E /Z of Loo 3 4. DOCUMENTS REQUIRED WITH APPLICATION REQUIRED: Land Use Statement Lsclosure of Interest IF APPLICABLE: ❑ Executed Appointment of Agent ❑ Peak Hour Trip Form Elitletes & Bounds Description with Exhibit if property includes Cony of Warranty Deed ❑ Site Plan for PUD or Special Permit unplatted land ■ Lien Holder Authorization 1 certify that I have i provided the City of Coleus Christi with a complete • on as or on behalf of the Property Owner(s application for review; that I am authorized to initiate this ; and the information provided is accurate. Qi c UtLJ Lig)— (Owner's Signature) _li0 Q (Owner s P ted Name) (App 'ant's Signature) -i ( ppli4a is Printed Name) Application Fees (as of November 1.2011) 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Additional PUD Fees (see attached) Office Date Received: Application Na. Signs Sign Posting ADP: Use Only g-1 - %f Received By:! Fee: RequiredX Date: $110 7. ,c) _ _ l 676 $ l0 Sign Fee: 340 Total: 5. /1/ 7_ SO WS Form Revised 3/2/2015 K 'DEVELOP%IENTSVCSSIIARED'tAND DEVELOPh1EN1 ORDINANCE ADMtNISTRATIOMAPPLICATION FORAIS4FORh15 AS PCA LEGAL120124ZON1NG 201'-4ZOMNO APPLICATION 2915 DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.Q. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: I. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. 4-LaYeque 4 ►S b+ a -Cf)L)tr L -N okepaVc©r a c . IL W O — �-C�Y 1 fpv rp ©Se �5 31 900 nocpc--,1 2. Identify the existing land uses adjoining the area of request: CS North - COrnm�rc7Gi �S (, South - , r.31cCor++ iy est d e n4 ; oK 111 R.S 10 East - S r.l a `O. - ki c :, i c rn- i a ( a West -...---'.. 1, �•� =� thg%[ cperv�,t„t 1�c.. , r, cx. K OEVELOPMENTSVCSLSIIAREDIAND DEVELOPMENTtiORDINANCE ADMINISTRATIONIAPPLICATION FORAISFOR. IS AS PER LEGAL LAND USE STATEMENT FOR ZONING DOC hu....rlleg.r City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Depanment of Development Services P.O. Box 9277 Corpus Cluisti Texas 78469.9277 (361)826.3240 Located aI 2406 Leopard Street {Comer of Leopard St. and Port 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 ith NA". NAME: / ktyiQll ( 1 IC i12VO 1 - AN CITY: r • Yt ZIP: FIRM is: ❑ Corporation • Partnership ❑ Sole Owner STREET:1 ❑ 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 A " Job Title and City Department (if known) 10 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 ®j 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 ti f 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". 1\..) 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 Chri f Texa - anges occur. Certifying Person: Signature of Certifying Person: Title: Date: -- 6 DEVELOPMENTSVCS'SEIARED LAND DEVELOPAIENTORDINANL E AUMINT:TRATION PPLI:ATIC•N FJRMi.FORA15 AS PER LEGAL 2OI2\DISCLOSURE OF INTERESTS STATEMENT' 27 12 DOC City of Corpus = Christi trimolViosmolo DISCLOSURE OF INTERESTS City or Corpus Chslat L Texas Department of DoCnpmentSm•".e P o ria. 9277 Corpus Christi, Texas 70469.9r' (361) 026-3240 Located at 3406 Leopard Simi Comer of Leopard Si and Pon A, r City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City 10 provide the following information. Eve y-guglion must be angered. If the question is not applicable, answer i "NA". NAME: 1I�Y1C�Y1 u ex() STREET: 41 t Q (- Lf)v TP L J CITY:( )S a te y, Zip: Q 0L ( 0 FIRM is: ❑ Corporation DrPartnership 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". Job Title and City Department (if known) Name r/A 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Title POP 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 NDO 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 Ijbf+4, I certify that all information provided is true and withheld disclosure of any Information requested; the City of Corpus Christi, Texas as changes occu CERTIFICATE correct as of the date of This statement, that I have not knowingly and that supplemental statements will be promptly submitted lo r. Certifying Person: }�t�Mnln �� r i 'ijV) (Print) Signature of Certifying Person: f\S, DEVLLOrMNTSVCSSIIARED Li ND DEVELOrtICNPORDIN NA CO AD 11,ISTRATA]V.SPi'L1CAT1ON FOAAMSFDRMMS AS rot Lru LLIKII:M1SCLD.SuRE Or 70.:.s STATEAI0!rn 7 12 DOC Title: Date: 07^-Y f Lot S Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 23, 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 3526 HoIIy Road CAPTION: Case No. 0615-01 N.P. Homes, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Plan from low density residential uses to commercial uses. The property is described as Lot 8, Block 1, Carroll Place Unit 7, located along the north side of HoIIy Road and west of Carroll Lane. PURPOSE: The purpose of this item is rezone the property to allow for the development of a commercial retail use. RECOMMENDATION: Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District for the development of a commercial retail use. The requested zoning complies with elements of the Comprehensive Plan and Southside Area Development Plan even though it does not match the Future Land Use Map. A general commercial use typically is preferred adjacent to arterial roads, which fits the character of the subject property and surrounding area. It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties because it has direct access to Holly Road, an arterial street, and it is compatible with the use and zoning districts due east. A "CN -1" District would allow uses that are compatible with the surrounding uses. Staff's opinion is that a retail store increases the desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Southside ADP but not the adopted Future Land Use Plan's designation of the property as medium 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 N.P. Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 8, Block 1, Carroll Place Unit 7 ("Property"), from the "RM -1" Multifamily 1 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 N.P. Homes, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CN -1" Neighborhood Commercial District, and on Tuesday, July 14, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by N.P. Homes, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane (the "Property"), from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District (Zoning Map Nos. 046036 and 046037), 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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-01 N.P. Homes, LLC (Doug George)\Council Documents\0615-01 Ordinance - N.P. Homes, LLC.docx KIV/ --7 N CG' -2 2 Date Created: 5/12/2015 ti 1Prepared/By: jeremym Department of Development Service's"-, CASE: 0615-01 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 Sp ��'FdhyS UBJECT PROPERTY, ‘94k11'004 FM-4� LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 0615-01 HTE No. 15-10000032 Planning Commission Hearing Date: June 3, 2015 Applicant & Legal Description Applicant: Doug George Owner: N.P. Homes, LLC Legal Description/Location: Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane. Zoning Request From: "RM -1" Multifamily 1 District To: "CN -1" Neighborhood Commercial District Area: 0.94 acres Purpose of Request: To allow for the development of a commercial retail use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 District Vacant Medium Density Residential North "RS -TF" Two -Family District Medium Density Residential Medium Density Residential South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "CN -1" Neighborhood Commercial District Commercial and Professional Office Commercial West "ON" Office District Public Semi -Public Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 046036 and 046037 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the north side of Holly Road approximately 240 feet west of the intersection of Holly Road and Carroll Lane. The subject property has approximately 130 feet of street frontage along Holly Road, which is an "Al" Minor Arterial Undivided street. The Maximum Desirable Average Daily Trips (ADT) for an "Al" Minor Arterial Undivided street is 15,000 to 24,000. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Holly Road "Al" Minor Arterial Undivided 95' ROW 64' paved 95' ROW 60' paved 17,790 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District for the construction of a 8,320 -square -foot Family Dollar store. Development Plan: The proposed rezoning is to allow use of a retail store. The applicant is proposing a Family Dollar store of approximately 8,320 square feet with parking. The building will be a one-story professionally engineered metal building that is 24 feet in height and includes a fiber cement wall panel on the storefront. The store will employ approximately two to three people with operating hours of 8 a.m. to 10 p.m. daily. At a minimum, the Unified Development Code would require a "Type A" buffer yard of 10 feet with 5 points along the property lines abutting the "RS -TF" Two -Family District. The site is proposed to have access from Holly Road. Existing Land Uses & Zoning: To the north of the subject property in the "RS -TF" Two -Family District is the Carroll Lane Apartments. To the south of the subject property, across Holly Road, is a single-family subdivision zoned "RS -6" Single -Family 6 District. East of the subject property is a family planning clinic and an automotive repair shop zoned "CN -1" Neighborhood Commercial. West of the subject property are L.U.L.A.C. administrative offices zoned "ON" Office District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Southside ADP but not the adopted Future Land Use Plan's designation of the property as medium density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Corpus Christi Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. Planning Commission Final Report Page 3 o Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. o Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. Plat Status: The subject property is platted. Department Comments: • The requested zoning complies with elements of the Comprehensive Plan and Southside Area Development Plan even though it does not match the Future Land Use Map. • A general commercial use typically is preferred adjacent to arterial roads, which fits the character of the subject property and surrounding area. • It is staffs opinion that the proposed rezoning would not negatively impact the surrounding residential properties because it has direct access to Holly Road, an arterial street, and it is compatible with the use and zoning districts due east. The proposed development would require a buffer yard to the north to provide for a better land use transition. • A "CN -1" District would allow uses that are compatible with the surrounding uses. • Staff's opinion is that a retail store increases the desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 9 outside notification area As of June 23, 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) 2. Site Plan 3. Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-01 N.P. Homes, LLC (Doug George)\Council Documents\0615-01 Report for CC-N.P. Homes, LLC.docx CASE: 0615-01 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 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 Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition Sp ��'FdhyS UBJECT PROPERTY kT'0G LOCATION MAP ilk City of Corpus Christi ON ZONING 7, 130' RS -TF ZONING yE 11' SE7aaL44E DELIVERY SALES ECRU: 7 - FAMILY DOLLAR g 80'x104' ra GROSS = 8,320 S.F. LCM-IA SIGN ENTRANCE { t L 10' SIDEWALK 9' r 4t 24' VNI l A %sag' / UNDERGROIIND I DETENTION AREA AS REOU RED T Ifs f 10' ' —PS -1B SIGN /EX ACCESS RIW EX 4'SIDE11AIi( 4 ''' 3DFW.ACGESS 130' Holly Road Sr CLOG Notes: Trash enclosure to match building. Masonry Bolding. Need fa/bocci RM -1 m CN -I Rear setback b twico the average height of the building. (Due to RS -TF coning) U111ity pole 10 be relocated. Variances Needed: None anticipated CN -1 ZONING CN -1 ZONING E BUX ('J 0 N U 100' R/W r 1- 17,790 ADT L 0 N U Site Data: Lot Slue n 40,300 sqh. 0.93 acres Pavement Area n 23.000 see Provided Parking: 28 spaces Required Perking: 28 spaces Zoning: RM -4 - Multifamily Residential 1 FEMA Into: Zone 'C' (FIRM a 4054640283C) Signage: LCM-IA Sign Illuminated Building Sign 34,8 NM s 0'-811 Overall Alen 1442 sg1L PS -1B SIGN Illuminated Pylon Sign 9'-1'W 00-6'H Overall Area = 00.0 sqd Max. Height 20 em 1,11.01 e6nwllna 1...-ueur s.xavlvl,mva 1.10.11201Galwmnua n ILICOM wOCOMLImom lxmarl0084w07Irl7IIpwstS emaneaemo luaulwcreeormneum. oaf . xrWQlae P2peme Far. 3526 Holy Rd Corpus Christi, Nueces County, TX Dreg^ sr BURKHARDT EN61NEEIIN6 Phone: 937.388.0060 vnyw.burIthanilnumm oerelrmre+ar 30 OnakpmM, kr. 4700 Woolsey. Su1e 1175 Il0Wan. TX TOM Phone 713.961.3331 00 Redskin Dewe Ort al ve Deb 20,.4040 Dalt 2014.12.09 Preliminary Site Plan sheet Ib. 1 o11 15-10000032 :1DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIORDINANCE ADMINISTRATION IAPPLICATION FORMSFO S AS PER LEGAL 20I21ZOMNG APP CATION 2012 DOC qv 01 m _ 1[ I O 111 APPLICATION FOR A CHANGE OF ZONING Office Use Only Case No.: 0615-01 Map No.: 046036 & 046037 DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard Street and Port Avenue) *Planning Commission Hearing Date: 6/3/15 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A maximum offive applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meetin . DougGeorge (Prospective Purchaser)713 961-3334 1. Applicant/Representative: 9 � P Telephone: ( ) Address (City, State, Zip): 4900 Woodway Dr., Suite 1125 Houston, TX 77056 E-mail Address: Cell Phone: ( 713 ) 818-1230 2. Property Owner(s): N.P. Homes, LLC (Nader Karimi) P rhrTelephone: (Y ) ,� c4-15)/,-, 7/` wV6 " Address (City, State, Zip): 90 60)c ,�63�j (^'"- 7 E-mail Address: Cell Phone: ( ) Ownership Type: ['Sole ❑ Partnership ❑ Corporation ❑ Other: 3. Current Zoning and Use: MF -1 Vacant Lot Proposed Zoning and Use: NC -1 Family Dollar Store Project Address: 3526 Holly Road, Corpus Christi, TX 78415 Area of Request (sq. ft./acres): 40,920sf 12 -Digit Nueces County Tax ID: 1 3 3 7_ 0 0 0 1_ 0 0 8 0 If platted, Subdivision Name: CARROLL PLACE UNIT 7 Block: 1 Lot(s): 8 Legal description: Lot Eight (8), Block One (1), CARROLL PLACE UNIT 7, a subdivision of the City of Corpus Christi, Nueces County, TX 4. DOCUMENTS ATTACHED REQUIRED: % Land IF APPLICABLE: ❑ 0 Use Statement Q Disclosure of Interest ❑ Copy of Warranty Deed Executed Appointment of Agent Metes and bounds if request is for a portion of a platted lot or an unplatted lot I certi tha ' - ' i ormation provided is accurate, correct and signed by all owners. Doug George 2015.04.15 10.40:32 -0500' (Owner's Signature) (Applicant's Signature) Nader Karimi (Authorized Agent for N.P. Homes LLC) Doug George (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: 4/29/15 Received By: JA Application Fee: 1107.50 No. Signs Required _ X $10 Sign Fee: 10.00 Total: 1117.50 Sign Posting Date: ADP: SS Form Revised 8/24/12 :1DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIORDINANCE ADMINISTRATION IAPPLICATION FORMSFO S AS PER LEGAL 20I21ZOMNG APP CATION 2012 DOC DATE: APPOINTMENT OF AGENT 4-16-15 PROPERTY: 3526 HOLLY RD., CORPUS CHRISTI, TX 78415 GRANTOR: NADER KARIMI N.P. HOMES, LLC ?o %ox ecqus' chric-ki 7k ?34./‘F GRANTEE: DOUG GEORGE 3D BOOTHANDLE TX, LLC 4900 WOODWAY DR., SUITE 1125 HOUSTON, TX 77056 713-961-3334 NAME COMPANY ADDRESS CITY/ST/ZIP TELEPHONE NAME COMPANY ADDRESS CITY/ST/ZIP TELEPHONE GRANTOR hereby appoints GRANTEE to act on its behalf as Authorized Agent in all matters concerning the rezoning of the Property. Agent shall have the authority to apply for, sign, represent and perform any and all work necessary for process of rezoning. This appointment shall be revocable at any time by GRANTOR by providing written notice to GRANTEE and to the Development Services Department of the City of Corpus Christi. GRANTOR: GRANTEE: Doug George 2015.04.16 09:21:23 -05'00' CITYOFCORPUSCI 1 DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Applicant is requesting to rezone a currently -vacant lot from MF -1 to CN -1 for the purpose of developing a new Family Dollar Store. The property is located on Holly Road (a major arterial road) roughly 240' west of Carroll Lane (a major arterial road). The new Family Dollar building will be 8,320sf and will provide 28 parking spaces (as required by CN -1 zoning). The building will be a one- story professionally engineered metal building that is 24' in height and includes an EIFS and fiber cement wall panel storefront. There will be storefront signage and one pylon sign. The building, site design and signage will all comply with CN -1 requirements. Construction is expected to take roughly 180 days after the issuance of a building permit. Once open, the store will employ 2-3 people at any given time and will operate from 8am - lOpm daily. 2. Identify the existing land uses adjoining the area of request: North - Carroll Lane Apartments (multifamily) South - Single Family Residential East - Family Planning of Coastal Bend West - City on a Hill International, Inc KADEVELOPMENTSVCS SHARED LAND DEVELOPMENT1ORD1NANCE ADMINISTRATION \APPLICATION FORMSTOFtMS AS PER LEGAL \LAND USE STATEMENT FOR ZON1NG.DOC '#- City of Corpus = Christi tem..r.r DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: N.P. Homes, LLC (Nader Karimi) STREET: 3526 Holly Rd CITY: Corpus Christi Zip: 78415 FIRM is: ❑ Corporation ❑ Partnership ❑'Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "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 I certify that all information provided is true and withheld disclosure of any information requested; the City of Corpus Christi, Texas as changes occu CERTIFICATE correct as of the date of this statement, that I have not knowingly and that supplemental statements will be promptly submitted to r. Certifying Person: N1 D6I K9-lr'� 1 (Print) Signature of Certifying Person: Title: Q/ZiAle plea L Date: 0912- gr K:\DEVELOPMENTSVCSSHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL\2012 DISCLOSURE OF INTERESTS STATEMENT 127.12. DOC ‚- DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. 13 ox 9277 Corpus Christi, Texas 78469-9277 (361) 826.3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: 3D Boothandle TX, LLC / Doug George STREET: 3526 Holly Rd CITY: Corpus Christi ZIP: 78415 FIRM is: ❑ Corporation ❑ Partnership IN Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "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: 3D Boothandle TX, LLC /Doug George Title: Member/Manager (Print) Signature of Certifying Person: Date: 5/5/15 K\DEVELOPMENTSVCS\SHAREDhLAND DEVELOPMENTIORDLNANCE ADNILSISTRATIONIAPPLTCAT1ON FORMS\FORMS AS PER LE GA Lt20121DISCLOSURE OF LNTERESTS STATEMENf 1.27.12DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 3526 Holly Rd Legal Description (Subdivision, Lot, Block): LOT 8, BLOCK 1, CARROLL PLACE UNIT 7 Applicant Name: 3D Boothandle TX, LLC / Doug George Address: 4900 Woodway Dr., Suite 1125 City/State/Zip: Houston, TX 77056 Telephone: 713-961-3334 Email: dgeorge@gordonpartners.com Application Status (Select One): El Rezoning El Site Plan riStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0.939 Max 22 units/ac RM -1 VACANT LOT 220 0.55 11 0.67 14 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0.939 8320 NC -1 RETAIL 814 3.81 32 6.99 58 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Holly Rd Yes 30' 100' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with pithe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. Version 1.0 (01/15) 130'�RS—TF ZONING Notes: 0 25 50 1= = 50' _ _`���_� Trash enclosure 10 match building.— Masonry Building. Need rezoned RM -1 to CN -1 Rear setback is Iwleo the average height of the building. (Due to RS -TF zoning) Willy pole to bo relocated. Site Data: Lot Size = 40,300 sq.R = 0.93 acres Pavement Area = 23.000 sq.IL Provided Parking: 28 spaces Required Perking: 28 spaces Zoning: RM -1- Multifamily Residensal 1 FEMA Info: Zone 'C' (FIRM 9 4854840283C) Z x_sEra4cxtavE HVAC r:r N(a © Q -\ EX BLDG "--None Variances Needed: 8V A, I 'T7 anticipated r7 N IZ L. - Q DELIVERY a SALES EGRE :' .- FAMILY DOLLAR z o 80'X104' C N — 1 ZONING GROSS =8,320 S.F. i U a CN -1 ZONING . ` LCM-1A SIGN ENTRANCE t, EX SLOG `_____��____ ---..11' Signage: LCM-1A Sign illuminated Bupdkag Sign 34'-8WMa5.-6'H Overall Area = 1442 sq. t. PS -IB SIGN Illuminated Pylon Sign 9'-1'W x 5.6 H Overall Area = 50.0 sq.fl. Max. Height =20' 10' SIDEWALK . r -- o g-------------------• VAN 4_ ♦ I{F' /, r'.__ io c 1 __ ` l � .. /,', / � Z } O `_� _ 1 _ — '� u �. ` 9 W v In f..7 S 0 ale PIM FOR I) MCKIM a MID mur ON rrawlw IMaUDI4 nc s�moruonnrmnrcnwcorunMr�oer�amvoa RIPELY rOOONnCtlIR0U04eT UNITY Wan SLUM LtiMG0.RinCrR[ un mrsneu[1[11tw1'f,wr+n9CleEn[lldtawlr[nvvr[+ 3Sr 24' `r,� N _ _ 1 N Prepared Far. Corpus Christi, 3526 Holly Rd Nueces County, TX =, UNDERGROUND ( DETENTION l_J" AS REOUIfiED — —r'��4+er _,......P--'1 AREA J - .. .. U = = _ _ ; =r ..... ��= U BDRKAARDT EN61HEEtlN6 Phone: 937.388.0060 buddnaldOnccom mer 301> 490W -4..--S0- 77055 Phone: 713.9613334 =_= V�,,atxs 10'wove -_ PS 1B SIGN + , Pale L Na.o 1 Revision Dew. crow Eska Gale 2011.1203 RIW - 130' R/W EX 5'SIDE14ALK /ALYE55 '� 30' FULL ACCESS ,s'1' EX ACCESS EX ACCFSS\\ H oily Road .- Date 2014:12.09 — 100' R/W 4 Preliminary Site Pian 1 7, 7 90 A D T j r, 1 Sheer No- 1of1 Aerial Overview Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 14, 2015 Second Reading Ordinance for the City Council Meeting of June 21, 2015 DATE: TO: June 15, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikema@cctexas.com 886-2605 Accepting and appropriating the FY 2014 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY2014 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $285,951 in the No. 1061 Police Grants Fund. PURPOSE: The purpose of this item is to accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Nueces County Sheriff's Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriff's Office, with the assistance of the Police Departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate within the Rio Grande Valley. Each month, officer's timesheets, signed overtime sheets, and worksheets will be provided to Nueces County. The County will submit the reimbursement paperwork to FEMA where it will be reviewed and a check will be sent to Nueces County. The Nueces County Accounts Payable division will process a payment to the City of Corpus Christi. The grant period is from September 1, 2014— February 28, 2016 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: ❑ Operating X 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 $285,951 $285,951 BALANCE $285,951 $285,951 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award Police Department Allocation Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY 2014 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $285,951 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY 2014 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State HY44. SECTION 2. That $285,951 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Public Safety 2014 Sub -Recipient Award for Nueces County 1 General Award I,n€ormation Encumbrance Nal Date of Award: April 8, 2015 Prepared By: runkle, catheron 3. SAA Award Number: 14 -SR 48355-02 4. Suit -Recipient Name and Address z' 5..Federal Grant Information Judge Samuel L. Neal, Jr. Nueces County 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Federal Grant Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) Federal Grant Award Number: EMW-2014-SS-00029 Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA) Date Federal Grant Awarded to TxDPS: August 6, 2014 CFDA: 97.067 6. Award Amount and;Grant breakdowns OPSG $859, 265.34 Grant Period: From: Sep 1, 2014 To: Feb 28, 2016 (The SAA must receive ail invoices bac the €, id M grant period) 7. Statutory Authority for Grant: The Department of Horne and Security Appropriations Act, 2014, (Public Law 113-76), and The Homeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603). S. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors and principals are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ 10Agency ►4j �rQval+,; Approving TxDPS Official: Garry Jones Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 11.Sub Recipient Acceptance 1 have read, understood and agree to this Sub -Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Sub -Recipient Official: Samuel L. Neal, Jr. Nueces County Judge Enter Employer Identification Number (EIN) or Federal Tax Identification Number: Signature of Sub -Recipient Official: DUNS Number: Date Signed : 05/11/21315 DUE DATE: May 23, 2015 Signed Award with Terms and Conditions must be returned to SAA._SRA@idps.texas.gov on et before the due date. 2014 TERMS AND CONDITIONS Instructions: The Sub -recipient shall: 1. Fill in the information and sign the Grant Sub -Recipient Award; 2. Certify they have read and understand these Terms and Conditions 3. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SAA_SRA dps,texas.gav on or before the date provided in the transmittal letter and/or in this Grant. 1. Grant Sub -recipient Agreement This Grant Sub -recipient Agreement (consisting of this 2014 Grant Sub -recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety 1 Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient" or "Sub -grantee." Furthermore, DPS/THSSAA and the Sub -recipient are collectively hereinafter referred to as the "Parties." This Grant Sub -recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or 'this Agreement", is only an offer until Sub -recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub -recipient Award. The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as welt as State and local government agencies. Sub -recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub -recipient issues subawards as part of this Grant project, Sub -recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Sub -recipient agreement funds" as used in this Grant means funds provided by DPSITHSSAA under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHSIFEMA). The term "Sub -recipient's funds" or match funds as used in this Grant means funds provided by the Sub -recipient. 2. Overview and Performance Standards AH allocations and use of funds under this Giant : )all be in accordance wffli the 1 Y .2.14 Hdridiflg Opp Oppc.g.tunlly Announcement (i=OAfrit the Federal Grant 7itie specified on i. s G ar,i: arid such FY 2014 f;f:.I1A; int or icg ate.ci by refer eme herein. Sub -recipient shall read, understand and accept the FY 2014 Funding Opportunity Announcement as binding. A. Standard of Performance. Sub -recipient shall perform all activities and projects entered into the DPSITHSSAA web -based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant administrator(s). Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1 Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as 'Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" B. Failure to Perform. In the event Sub -recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub -recipient shall be liable to DPSITHSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. 3. Environmental Review Sub -recipient shalt assess its federally funded projects for potential impact to environmental resources and historic properties. Sub -recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub -recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initi.tion-of any activity prior to completion of FEMA's Page 2 OF 18 EHE ~,,c%•,-- ' )J A It. i 1 . n .ilz- 1?2• -::.IA 3 04 VI a &.t Q r ilt furgds rf -EK,, ' .1PA.,. Sub -recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898— Environmental Justice, Sub -recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub -recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub -recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. 4. Funding Obligations A. DPS/THSSAA shall not be liable to Sub -recipient for any costs incurred by Sub -recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub -recipient Award. C. Sub -recipient shall contribute the match funds listed on the Grant Sub -recipient Award. D. Sub -recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub -recipient or that DPS/THSSAA determines has not been spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant. 5. Performance Period yrf ,.. L: ' iks est is li ted ,she Qrio sp ii.c. ILAyL r . A and $cr,Ac_c the pgrfenrance oetlo all reirnburf3,ement re , sts shall be .2 aofiiastt2.r# p DPSFf'HSSAA within tiu.N.Ateiforrnahcc period. Sub -recipient shall have expended all Grant funds AsrAl submitted reimbursement requests and any invoices in the DPSITHSSAA grant management system Iv the end of the performance period- DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. 6. Uniform Administrative Requirements. Cost Principles and Audit Requirements Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A-110). 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4, 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. Page 3 OF 18 D. Grant Guidance (Funding Opportunity Announcement) Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at htto:lfwwvu.ferna.gavlmedia-library-datal13951612©©288 5b07edO4560562.l7175fbdee28d2b06e'FY...: 2014 HSGP FOA FinaE..dfand the Nonprofit Security Grant Program (NSGP), /www.frna. avlm^ria-liar. r % /1 9611. 70•88-fb23d81b8df0d..eab995c8f?-7 lac !FY2.1A N;GPF A Firiaf R vsce. ,.f. 7. DHS Specific Acknowledgements and Assurances Sub -recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards: „ Iavu,c4hs.cvfxtibranrlassetsffo-:i �r,tal-fir ..._.:., _.@�_ v an,. FE„. Er f. Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub -recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub -recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub -recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub -recipient, or Sub -recipient settles a case or matter alleging such discrimination, Sub -recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 8. Operation Stonegarden (OPSG) Specific Conditions If Sub -recipient is receiving Operation Stcnegarden (OPSG) funds, Sub -recipient is prohibited frorn obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Bonier Patrol (CBP/BP), Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre -approval for Operational continuity, then forwarded to FEMA GPD/PGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub -recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub -recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub -recipients Grant performance period. 3. If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub -recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border Patrol Headquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub -recipient Award or Grant Adjustment Notice (GAN) to the jurisdiction. 9. State Requirements for Grants Sub -recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at htt.://www.txd.s.state.ix.us/director staff/saa/information bu€Ietins.htm Texas Uniform Grants Management Standards (UGMS) at h:l/ww�n .win x.usf roc Yemeni/ a W. m . f and the State Administrative Agency Sub -recipient Manual, available at http:/iwwww.txdos.state,tb.us/c,iirector stafflsaafdocumentslsubrecioientMVianual.odf. Sub -recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Page 4 OF la Sub -recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on Law Enforcement (COLE) or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Sub -recipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub -recipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Sub -recipient timely completes and files its reports. 10. Restrictions and General Conditions A. Use of Funds. OHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobbying Prohibited. No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub -Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. C. Transferring Funds. Sub -recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Emnjgyee Prohibition, Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area Security Initiative (UASI) governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board. Page 5 OF 18 G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, to the other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub -recipient, see the address listed on the Grant Sub -Recipient Award page or Point of Contact address listed for the Sub -recipient in the DPS/THSSAA Grants Management System (SPARS). ( DPS/THSSAA Contact In __, formation Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin. TX 78773-0220 H. Points of Contacts. Within 30 calendar days of any change, Sub -recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or t.://f-d, sv. dnb...m/webform. J. Central Contractor Reaistration and Universal Identifier Reauirements. Sub -recipient maintains that it has registered on the System for Award Management (SAM) at wvvW.sam.aov, or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub -recipient shall keep current, and then review and update the information at least annually. Sub -recipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Sub -recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. K. Jndirect Cost Allocation Plan. Sub -recipient shall submit its most recently approved indirect Cost Allocation Plan signed by Cognizant Agency to DPS/THSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of ail Federal agencies. OMB publishes a listing of cognizant agencies ath :Ill .n u vls idiss 1 r . Unless the basis of the cost plan changes, Sub -recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA RR(dos.texasacv. The Sub -recipient name shall be included in the file name and subject line of the email transmittal. L. Renortina Total Compensation of Sub -recipient Executives. 2 C.F.R. §170.320; see FEMA information Bulletin 350. 1. Applicability and what to report: Sub -recipient shall report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub -recipient shall report whether 80% or more of Sub -recipients annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers yes" to both questions, Sub -recipient shall report, along with Sub -recipients DUNS number, the names and total compensation (see 17 G.F.R. §229.402(c)(2)) for each of Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub -recipient shall report executive total compensation at www.sam.gov, or other federally established replacement site. By signing this Grant, Sub -recipient certifies that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub -recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to 5 RR cio t -y r ..eov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at htti;!(wwwwin ow.stat .tx.us/ axinfol .xforrs 174-176.0(. Sub -recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. N. Procurements. Sub -recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under this Grant, Sub -recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendorlsubawardee does not have any active "Exclusions' by reviewing the vendor/subawardee entity information at littos://wvv .sam..coy/portal! subiic/SAi /. Q. Management and Administration. If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A), Sub -recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at h ://www ferha..ov/gran sl.r nt-aro"rams-directorate-information-bulletins . R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub -recipient may be used for personnel and personnel -related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or Page 6 OF 18 overtime/backfill, among other items, are considered personnel -related costs. Sub -recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at Ste , . •s texas.. iov. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub -recipient shall take a physical inventory and shall reconcile the results with property records. Sub -recipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at . fiw .xt*:.s gtheftire property and Sub -recipient pierit shall investigate hr) Sub -recipient shall develop and implement a control system to prevent loss, damage or and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following statement: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." U. Acknowledgement of Federal Funding from DHS. Sub -recipient shall comply with requirements to acknowledge use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS. DPS. and DPSITHSSAA Seals and Non -Endorsement. Sub -recipient shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, logos, crests, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Copyright. Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub -recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. Sub -recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports. Sub -recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendar day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPSITHSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub -recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPSITHSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency (Civil Rights Act of 1964. Title VI'l. Sub -recipient shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, Sub -recipient is encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance, assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at h .i/vo,AAN.+h...ovl.udanc li h h -Ir -der artn-�ent su._.o ed-. raniz_,tions- srovide- meanirt.f. I -access -people -limited and additional resources on httc://www.lep.gov. AA. Protection of Human Subjects, Sub -recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub -recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub -recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart 0). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. Page 7 OF 18 BB. National Flood Insurance Act of 1968, Sub -recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State Or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001, Sub -recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Fly America Act of 1974. Sub -recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretive guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision 8138942. EE. Activities Conducted Abroad. Sub -recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. FF. Trafficking Victims Protection Act of 200Q All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub -recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA is authorized to terminate this Grant ,without penalty, if the above condition is violated. Sub -recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990. Sub -recipient shall comply with the requirements of Titles I, 11, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C, §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub -recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub -recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II, Security ConcernsNiolations. Sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub -recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub -recipient's security procedures, Sub -recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. SAFECOM. Sub -recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergency communication equipment and its related activities. KK. Best Practices for Collectionnnd Use of Personally Identifiable Information (PII).Sub-recipients who collect Personally Identifiable Information (PII) shall have a publically-available privacy policy that describes what P11 it collects, how it uses the PII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate. Sub -recipients may also find as a useful resource the DHS Privacy impact Assessments: http://www.dhs.uov/xlibra/assetsiQrivacviDiLuQ)Lpia gujdanre june2010.odf and :/� h vfxlilran IF ! ridrac f ri ac a r 1. p f. LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), Sub -recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. MM. False Claims Act and Proaram Fraud Civil Remedies. Sub -recipient shall comply with the requirements of 31 U.S.C. §3729 which sets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details the administrative remedies for false claims and statements made. NN. Duplication of Benefits. State, Local and Tribal Sub -recipients shall comply with 2 C.F.R. Part §225, Appendix A, Paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 00. Debarment and Suspension. Sub -recipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. PP. Non -Supplanting Requirement. Sub -recipient shall not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibit supplanting, Sub -recipient may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 11. Other Requirements A. During the performance period of this Grant, Sub -recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Page 8 OF 18 Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If IDEM identifies deficiencies in Sub -recipients plan, Sub -recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS/THSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub -recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPSITHSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub -recipient shall enter appropriate project milestones into the DPS/THSSAA web -based grants management system within 60 days after award or by the deadline established by DPSITHSSAA, whichever is sooner. Sub -recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub -recipient shall: 1. Participate in a legally -adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at f-atj;:,itspr�,nr.fe a oc�vinatti; real-incident-rn-naremertt-astem. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds (i.e., hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grant funded resources available to other jurisdictions through mutual aid bit : JJ.� rr:fema..Qv/erre r.en in ms)RtesourceMn.i;rtint shtm#item3. 12. Monitorina Sub -recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Sub -recipient's compliance with this Grant and of the adequacy and timeliness of Sub -recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub -recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub -recipient. Failure by Sub -recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. 13. Audit A. Audit of Federal and State Funds. Sub -recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). B. Sub -recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. C. Right to Audit. Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPSITHSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Sub -recipient shall permit DPSITHSSAA or its authorized representative to audit Sub -recipients records. Sub -recipient shall provide any documents, materials or information necessary to facilitate such audit. D. ,Sub -recipient's Liability for Disallowed Costs. Sub -recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Sub -recipient further understands and agrees that reimbursement to DPSITHSSAA of such disallowed costs shall be paid by Sub -recipient from funds that were not provided or otherwise made available to Sub -recipient pursuant to this Grant or any other federal contract. E. Sub -recipient's Facilitation of Audit. Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPSITHSSAA may require of Sub -recipient. Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub -recipient and the requirement to cooperate is included in any subcontract it awards. F. State Auditor's Clause. Sub -recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub -recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub -recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub -recipient relating to this Grant. 14. Retention and Accessibility of Records A. Retention of Records. Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grants funds pursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS § .42, and this Grant. Sub -recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPSITHSSAA may direct Sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. B. Access to Records. Sub -recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Sub -recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Sub -recipient. Sub -recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Page g OF 18 C. Inclusion in Subcontracts. Sub -recipient shall include the substance of this in all subcontracts, D. After Action Reoortino. Sub -recipient shall complete, deliver to the appropriate source, and retain copies of all after -action reports and certificates of completion for all training and exercises paid for by this Grant. 15. Legal Authority A. Signatory Authority. Sub -recipient assures and guarantees that Sub -recipient possesses the legal authority to enter into this Grant, receive Grant funds and to perform the project Sub -recipient has obligated itself to perform pursuant to this Grant. B. Authorized Representative. The person or persons signing and executing this Grant an Sub -recipients behalf do warrant and guarantee that he/she has been duly authorized by Sub -recipient to execute this Grant on Sub -recipient's behalf and to validly and legally bind Sub -recipient to all terms and conditions and performance obligations. C. Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub -recipient shall comply with the strictest requirement. 16. Notice of Litigation and Claims Sub -recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Sub -recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub -recipient with respect to such action or claim. 17. No Liability for Employees and Offiger� DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub -recipient, regardless of where the individual's actions or omissions occurred. 18. Non-Waiv r of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. 19. Changes and Amendments A. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub -recipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Sub -recipient is not valid. B. Written Amendment, Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). C. Authority tq Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub -recipient as if written in this Grant. D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub -recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub -recipients acceptance of the changes to this Grant. 20. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. 21. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. 22. Susp_ension In the event Sub -recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub -recipient, suspend this Grant, in whole or in part, withhold payments to Sub -recipient and prohibit Sub -recipient from incurring additional obligations of this Grant's funds. 23. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub -recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: Page 10 OF 18 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. 24. Enforcement If Sub -recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub -recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub -recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub -recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub -recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub -recipient resulting from obligations incurred by Sub -recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub -recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Sub -recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub -recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. 25. Conflict of Interest No employee, officer or agent of Sub -recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. 26. Closing of this Grant A. DPS/THSSAA will close a sub -award after receiving Sub -recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. if the close out review and reconciliation indicates that Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub --recipient. If Sub -recipient did not use all the funds received, DPS/THSSAA will issue a GAN to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 calendar days of receiving the GAN. B. At the completion of Sub -recipient's performance period, DPS/THSSAA will de -obligate ail uncommitted / unexpended funds. C. The closeout of this Grant does not affect 1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub -recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub -recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient Organization Nueces County Signature of d 05/11/2015 Date Page 11 OF 18 EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1581-1683, and 1685-1666 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.G. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements, 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (RL. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to ED 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 1 1738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. Page 12 OF 18 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§48O1 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient Org 41 Signature o' uthorized,r►t ficial ation y Nueces County 05/11/2015 Date Page 13 OF 18 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.G. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 16$3, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (RL. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11968; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Page 14 OF 18 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official Samuel L. Neal Jr. Title Nueces County Judge Sub -recipient Organizati.n Nueces County Signature of Authorized //ZIP 05/11/2015 r is Date Page 15 OF 18 Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of hisfher knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510 (Federal Certification), The Sub -recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub -recipient can access debarment information by going to w w.sarn.gov and the State Debarred Vendor List h p:lwvwi.window.state.tx.us/procurement/progfvendor performance/debarred. 2, Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where Sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification) E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub -recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub -recipient will require such compliance in any sub -grants or contract at the next tier. G. Sub -recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.G. §701 et seq. —which requires Sub -recipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, places where work is being performed under the award (Le., street address, city, state, and zip code) must be maintained on file. Sub -recipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub -recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. H. Sub -recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17 for additional information and guidance. 1. Sub -recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Sub -recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient Org ization Signature = uthori 05/11/2015 Date Page 16 OF 18 EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub -recipients governing body or of the Sub -recipients contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub -recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of govemmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub -recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub -recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub -recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles 1, 1l, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreernents. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. Page 17 OF 18 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.G. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (RL. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L_ 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U,S.C. §§469a-1 et seq.), 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at ht s::IlwwA,sa i, ovl,rt all!ublicl .AM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient 0 ganization Nuece County Signature of Au 6I 05/11/2015 Date Page 18 OF 18 Corpus Christi Police Dept. — Partner Recipient Cost Summary Cost Categories ON Fringe Equipment Fuel Maint. Mileage Travel M&A Total Corpus Christi PD Cost $135,010.56 $31,187.44 $110,000.00 $0.00 $0.00 $9,753.00 $0.00 N/A $285,951.00 OT/Fringe $ Equipmen $ Mileage $ 166,198.00 110,000.00 9,753.00 285,951.00 Equipment Item 1: Laser Lidar (1)AEL 14SW-02-RADR $ 3,000.00 Item 2: Fiberscope Camera (1)AEL# 02EX-00-KTFO $ 7,500.00 Item 3: Contraband Kits (4) AEL# 030E-02-TILA $ 2,000.00 Item 4: Camera Package w/Hardware AEL# 14SW-01$ 57,500.00 Item 5: CopSync (20) AEL# 13IT-00-INTL $ 40,000.00 $ 110,000.00 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 12, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3476 House of Rock Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street PURPOSE: To approve date, location and consideration for the House of Rock 10 Year Anniversary event. BACKGROUND AND FINDINGS: The House of Rock will be celebrating 10 years in business. The establishment opened in July of 2005 and has grown into an event venue of all kinds. To celebrate, they will be having a street festival on Starr Street between Mesquite Street and Lower Broadway Street. The House of Rock will be charging $10 for entry into the event. They will have a stage in the street with multiple bands. ALTERNATIVES: Do not approve event agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with Entertainment Showcase, Inc. to conduct the House of Rock 10 Year Anniversary Event and related activities. The Agreement allows use of City property including the Starr Street between Mesquite and Lower Broadway Streets, and provides for payment of costs for City services provided for the event. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 , 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 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 1 of 17 LEASE AGREEMENT FOR HOUSE OF ROCK'S 10 ANNIVERSARY EVENT State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and Entertainment Showcase, Inc. ("Lessee), a Texas corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. LESSEE — means Entertainment Showcase, Inc., a Texas profit corporation. G. LESSEE's Agent - means a duly authorized representative of the LESSEE. H. Corpus Christi - Nueces County Health District -- means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the House of Rock's 10 Year Anniversary events and related activities sponsored by the LESSEE, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. Page 2 of 17 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means Starr Street between Mesquite Street and Lower Broadway Street O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The LESSEE will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the LESSEE the privilege of using the Starr Street between N. Mesquite Street and Lower Broadway Street, to conduct its Event. 4. PREMISES REVISIONS. Construction or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and LESSEE Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The LESSEE's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with LESSEE representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking. traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and LESSEE. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. LESSEE's Agent may request additional meetings. 7. ADMISSION FEE. LESSEE may charge an admission fee of $10. Special Events connected with LESSEE may charge another fee to help defray the cost of entertainment. 8. LESSEE'S FINANCIAL OBLIGATIONS. Page 3 of 17 A. Permit Fees. The LESSEE must obtain and pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one- time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees, Traffic Engineering Street Closure Permit Fees and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services for actual City costs. The current estimate for these City services are provided: 1) Parks and Recreation. Special Event Permit Fee:$ 400.00 2) Traffic Engineering. Traffic Control fees: $550.00 The Parks Director will invoice the LESSEE for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the LESSEE's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. LESSEE's failure to pay the undisputed charges on City's invoice within 30 days after submittal to LESSEE shall result in a late payment fee being assessed against LESSEE. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the LESSEE anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. Deposit. The LESSEE must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the LESSEE within 30 days after the Event. E. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the LESSEE, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the LESSEE an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the LESSEE for any additional cost of repair. Page 4 of 17 1. Repairs to Premises. Parks Director will provide the LESSEE's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in 53 PREMISES AND PERMITTED USES, within seven (7) days after the LESSEE has vacated the property, following the conclusion of the Event. LESSEE will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the LESSEE must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the LESSEE fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the LESSEE for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the LESSEE's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. LESSEE will pay City's invoice for damages, within 30 days after City tenders the invoice to LESSEE's Agent, less any amount(s) the LESSEE has disputed. 9. GENERAL PERMITS. LESSEE shall obtain necessary permits from City Departments, as outlined below. A. Temporary Street Closure Permit.. The street closure process will govern any necessary street closures. LESSEE must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Ordinance. All street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Special Event Permit. LESSEE will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. C. Temporary Promotional Event Permit LESSEE will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the LESSEE to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. LESSEE may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. D. Vendor Permit. LESSEE must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces Page 5 of 17 County Health District for the sale of foods and the protection of the public welfare. LESSEE shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) E. Alcohol Vendors. LESSEE must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage LESSEE for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. LESSEE shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in 516 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. F. Fireworks Permit. If Fireworks are being hosted, LESSEE must obtain Fireworks Permit from the Fire Department. G.Water Events. For any water events, LESSEE must obtain necessary permits from the United States Coast Guard. H.Additional Permits. LESSEE's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. 1. Music and Movie Licenses. LESSEE is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The LESSEE must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access B. Parking. The LESSEE will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. LESSEE's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The LESSEE must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station Page 6 of 17 must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. LESSEE may provide a temporary six-foot (6') chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the LESSEE's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. LESSEE must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. LESSEE must remove the screens within the non-exclusive use period after the close of the Event. However, LESSEE must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G.Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if LESSEE provides the Parks Director prior written assurances that LESSEE will remedy said damages in accordance with §8 LESSEES FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H.Temporary Buildings. LESSEE must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. Ail these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. LESSEE is responsible for trash pickup at the Event. LESSEE must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. LESSEE may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and Page 7 of 17 beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the LESSEE and taken to a location designated by the LESSEE. LESSEE may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give LESSEE's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by LESSEE shall be pay. 12. RIGHT OF LESSEE TO USE PUBLIC STREETS. LESSEE acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by LESSEE with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. LESSEE must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. LESSEE must provide uniformed Security Officers during the Event, and after the Event closes each night, until it opens the next day. LESSEE will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by LESSEE. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 LESSEES FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The LESSEE, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. LESSEE agrees to comply with attached insurance Exhibit D. In addition, LESSEE's Agent must furnish to the Risk Manager, Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. LESSEE is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. LESSEE Page 8 of 17 must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. if alcohol is served at any of the LESSEE's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. LESSEE must furnish the Certificates of Insurance in at feast the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. LESSEE must require all volunteers to sign an accident waiver form that LESSEE must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, LESSEE must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, LESSEE must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to LESSEE. 17. INDEMNITY. LESSEE shall indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of LESSEE or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees (`Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the House of Rock event and associated activities, with the expressed or implied invitation or permission of LESSEE, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. LESSEE covenants and agrees that if City is made a party to any litigation against LESSEE or in any litigation commenced by any party, other than LESSEE relating to this LESSEE Lease Agreement, LESSEE shall defend City upon receipt of reasonable notice regarding commencement of the litigation. Page 9of17 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to LESSEE: Entertainment Showcase, Inc. c/o House of Rock 511 Starr Street Corpus Christi, TX 78401 (361) 510-9863 (361) 882-7625 19. ASSIGNMENT. LESSEE may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of LESSEE to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by LESSEE entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by LESSEE is a waiver by or estoppel against City. in case of termination City is entitled to retain any sums of money theretofore paid by LESSEE and the sums inure to the benefit of City as a set-off against any debt or liability of LESSEE to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from LESSEE by the City are compensation for provision of City services as described herein and for the right of LESSEE to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The LESSEE recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. LESSEE must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at LESSEE's sole expense and cost. Page 10 of 17 24. NON-DISCRIMINATION. LESSEE warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and LESSEE for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to LESSEE's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to form: 12, ao iS By: 6 Lisa Aguilar, s is ant City Attorney For the City Attorney LESSEE: Entertainment Showcase Inc. By: (/- — — Name: ( 1-4-//,/ Title: !,s/r3f//l,,w-q_ Date: Page 11 of 17 Page 12 of 17 EXHIBIT A Description of the House of Rock event and related activities House of Rock 10th year anniversary party will feature live music acts with a stage outside in a private parking lot and music inside the venue. There will be food vendors outside as well as beer booths and sponsor tables. It will be a one day, all day event. Page 13 of 17 EXHIBIT B Dates of Event: Saturday July 25, 2015 Set up : Friday July 24,2015 4:00 PM Take down: Sunday July 26, 2015 Page 14 of 17 EXHIBIT C Depiction of the Premises for the Event — See Attachment NOOSE OF IIOCK 10 YEAR ANNIVERSARY EVENT SATURDAY JULY 25TH 2015 TEMPORARY STREET CLOSURE REQUEST a PEOPLES 5T. J a 101111111111 41> • z". ,4> j8 :s�,J �, p TMWR 5TH P CII ! W N m z p swom g� mj i 11314-191,-19f x 00 0g RZ4 KIMCII IQ o lT IT 5 IN 2015 HOUSE OF ROCK g 10 YEAR ANIVERS4RY PARTY . 44. ,. IRAFFTC CONTROL PUN CITY of CORPUS CHRISTI TEXAS street Operations Deportment Traffic Engineering Divreeon APPROVED: ,WYet"pserglircir►.e Orr AV1C Paden auL: a Lr?f OVIPt OEM 16.1i, PREP MOON ea.1 1R 1 Page 15 of 17 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be Listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises Operations 3. Products' Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence Page 16 of 17 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 17 of 17 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Parks and Recreation Dept. House of Rock Event 12/29'2014 ds Risk Management • 2?�•. (,�,• �r�I 121 1163 1 23 306163 TOro wag> 2102 3 0(0 •1(311 23101 7125 73011 rove :N13333 11213 _J er=T/ fv 3130 33312023 2131031 3113 7.1'� .rtkAMlra4,Att O3A0tlddV uoisinid 5uuaau16u3 °spoil 4uawiodad suopoJad0 ;aa.#S SVX31 LLSWWHO Sndd00 JO ,110 NV1d 70d1N00 OLVVXL AldVd .12165213NNNV 8V3){ Ol )100d JO 3S1OH B!OZ 2011.563530 a, 163 roe 306103 0 Z 0 Q O m O Q Z d O_ 0 O N(n 0CO0 I O J� 1 =u1 N0¢ Z 1 Nc) CO I U. Z cc O_ Lc, i N p O z V z 88 b 88 b d M W LLD 2O rn O I I <o 00 M M 361-461-4481 4 OWER BROAD 0 LI *JS aouVi TYPICAL "NO PARKING' LII 0 0 1D 8 b b a 'hS 88 8 N r Lal CC J CI W~Ly O lsw¢i{UQ O �0 W0 Z QNQ N!LL �� > LJ0 3 W ZOg D U O U a QO v o_ 2 3 J w z IN i, m,_o_ (nu,. Zo 633 00 pM WQIaJ M~ W>D p0 U� H ¢N� Jm W� dQ Q0 0- I- d=OC W0 N QW ZQ IQ =WO H� � W (nm 0 <n L1N �w� m J 00 I-- 0V ••:, 2= QWd �I- NQZ g� dZ N30 0IZw NQ :CW> :O g WWt pOW OU1 Z W W> �_1 Z' -OU 0QJ J0 d= 0g2 Z8 FT � 0z _1ZW _1 WO 0 0 �mi-Li Z z0 cQi 'me g O QZ (n>(0 El 17A CQ? OU = oZ� 2U OWOO ZEN V1` O6O H0Z 0~ o=_ 0 e_ 117 U¢Z JUC? OO USO Uj0 '-0 Qn-U W•(3 N2 OZ OU <133< ZCC F .-7 �il 0'—Iy =O~ O_ i0 ~ZW U _,1-K =_* >IW%1 =00 Z>W>I-i 00 Q(1 O --- LLO HNK QWQ N 03 4 I(1 cD 5 TYPICAL "NO PARKING" O '1I } "3_s )1003 ,061 TYPICAL "NO PARKING" '159ld03d 0 4 4 U 4 a HOUSE OF ROCK 10 YEAR ANNIVERSARY EVENT SATURDAY JULY 25TH 2015 TEMPORARY STREET CLOSURE REQUEST moo*`w r,,,r, ' ' t VENDORS -7 VENDOR TRUCK Starr ONE WAY VENDOR TRUCK Nouse of HOUSE OF ROCK 10 YEAR ANNIVERSARY EVENT SATURDAY JULY 25TH 2015 TEMPORARY STREET CLOSURE REQUEST moo*`w r,,,r, ' ' t VENDORS -7 VENDOR TRUCK Starr ONE WAY VENDOR TRUCK Nouse of AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: 6/22/2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 Retired Senior Volunteer Program (RSVP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year two of a three year contract with the corporation for National and Community Service. The amount of $45, 434 is the Federal portion of the three year contract. There is no additional local match for this portion. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (7/1/2014-6/30/2015) and fiscal year 2014-2015, 390 enrolled volunteers contributed 69,132 hours through 38+ different non-profit organizations like the, CASA, Corpus Christi Food Bank, KEDT TV, VA Clinic, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. RSVP has set a goal to provide the community 50,000+ volunteer hours. This grant year the RSVP volunteers will succeed our set goal and will work diligently to surpass the hours provided last grant year. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item (grant) $45,434 $45,434 BALANCE $45,434 $45,434 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for FY15 (effective July 1, 2015) RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program 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 all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program. SECTION 2. That $45,434 is appropriated in the No. 1067 Parks and Recreation Grants Fund to continue the Retired and Senior Volunteer Program. Attest: City of Corpus Christi Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Retired and Senior Volunteer Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 Award Information Agreement No.: 14SRWTX004 Performance Period: 07/01/2014 - 06/30/2017 Amendment No.: 4 Budget Period: 07/01/2015 - 06/30/2016 CFDA No.: 94.002 Grant Year: 2 Award Description Authorize FY2015 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the National and Community Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.). Funding Information Year 2 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $45,434 $45,434 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $45,434 $45,434 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $47,934 $93,368 Funding Source and Amount 2015--OPE1-P74-0P0-22413-4101 $45,434.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4/20/15. By July 31, 2015 grantee should submit the A-133 audit report for the fiscal year ending 7/31/2014 to the Corporation for National & Community Service (CNCS). The report should be mailed to your assigned Grants Management Specialist at the Field Financial Management Center. Failure to submit the requested documentation may result in restriction being placed on your ability to draw down grant funds from your organization's Payment Management Account. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2015 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://egrants.cns.gov/termsandconditions/GeneralTermsandConditions20141217.pdf, and the Program Terms and Conditions found at https://egrants.cns.gov/termsandconditions/RSVPSpecificTerms&Conditions20150114.pdf. Recipient also Page 1 For Official Use Only For Official Use Only Notice of Grant Award Retired and Senior Volunteer Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Corporation for National and Community Service: 06/08/2015 Signature Award Date City of Corpus Christi Legal Applicant Lennette B. White Ericka Maldonado Senior Grants Officer Lennette B. White, 215-964-6309 Grants Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only Project Director Becky Perrin Certifying Official/Executive Officer AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: TO: 6/23/2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 Senior Companion Program (SCP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service in the amount of $264,007. The Senior Companion Program (SCP) consist of low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. Through Volunteer Stations such as Area Agency on Aging, Veterans Administration, Senior Community Services and various Home Health Care Agencies, our companions provided 64,802 hours of service in our community last year. According to the Independent Sector's Value of Volunteer Time, one hour of volunteer service in the State of Texas is valued at $23.40 per hour. Last year, the total value of services to our community was $1,516,367. The program is two -fold, it provides valuable services to clients and caregivers in order for seniors to remain in their own home or the home of a love one, it also provides the companions with a since of being needed, which keeps them stay active. The $2.65 per hour stipend that is paid to the Senior Companion also provides low income seniors, who are on fixed income, a little extra to help them with their expenses related to their volunteer time. The stipend is tax free and does not interfere with any other benefit they may be receiving. During our grant year, July 2, 2015 -June 30, 2015, we anticipate serving 125 individuals, with no less than 64,000 hours of service. The Senior Companion Program has been part of the City of Corpus Christi for over 25 years. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $ 264,007 $264,007 BALANCE $ 264,007 $264,007 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for FY15. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; 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 all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program. SECTION 2. That $264,007 is appropriated in the No. 1067 Parks and Recreation Grants Fund to continue the Senior Companion Program. Attest: City of Corpus Christi Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 Award Information Agreement No.: 13SCWTX001 Performance Period: 07/01/2013 - 06/30/2016 Amendment No.: 3 Budget Period: 07/01/2015 - 06/30/2016 CFDA No.: 94.016 Grant Year: 3 Award Description Authorize FY2015 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the National and Community Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.). Funding Information Year 3 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $264,007 $264,007 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $264,007 $264,007 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $528,014 $792,021 Funding Source and Amount 2015 --OPE 1 -P77 -OPO -22413-4101 $264,007.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4/20/15. By July 31, 2015 grantee should submit the A-133 audit report for the fiscal year ending 7/31/2014 to the Corporation for National & Community Service (CNCS). The report should be mailed to your assigned Grants Management Specialist at the Field Financial Management Center. Failure to submit the requested documentation may result in restriction being placed on your ability to draw down grant funds from your organization's Payment Management Account. Grantee shall prepare a Project Progress Report semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2015, which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Page 1 For Official Use Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 E1N: 746000574 DUNS: 069457786 Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://egrants.cns.gov/termsandconditions/GeneralTermsandConditions20141217.pdf, and the Program Terms and Conditions found at https://egrants.cns.gov/termsandconditions/FGP_SCPSpecificTermsandConditions20141217.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Corporation for National and Community Service: 06/04/2015 Signature Award Date City of Corpus Christi Legal Applicant Lennette B. White Debbie Crites Senior Grants Officer Lennette B. White, 215-964-6309 Grants Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only Project Director Becky Perrin Certifying Official/Executive Officer AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: May 15, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 First Reading Ordinance - Closing a utility easement located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way CAPTION: Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. PURPOSE: The purpose of this item is to correct the location of the existing easement that was mistakenly overlooked in the final plat, and the City is now initiating this abandonment to allow for the sale of the land to HEB. BACKGROUND AND FINDINGS: City of Corpus Christi in agreement with the Owner (Ronald S. Browning) of the property, is requesting the abandonment and vacation of a 17,405.20 -square foot portion of an existing 20 - foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way. The abandonment and vacation of the utility easement is being requested because the Engineer mistakenly forgot to correct the old easement in the final plat, and the City is initiating this abandonment to allow for the sale of the land to HEB. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. WHEREAS, Ronald S. Browning (Owner) is requesting the abandonment and vacation of a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Ronald S. Browning ("Owner"), a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way, as recorded in Volume 68, Pages 394-395, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes map in Document No. 2004024340, is attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES TRACT 415 Moon 2004024340 Utility Easement § KNOW ALL BY THESE PRESENTS § That the undersigned, "GRANTOR" (whether one or more) of 7082 Lake View Drive, Corpus Christi, Texas, 78412.5041, In consideration of Ten Dollars ($10 00) and olher good and valuable consideration, paid by the CITY OF CORPUS CHRISTI, a Texas Home Rule munidpal corporation, 1201 Leopard Street, Nueces Counly, Texas 78459- 9277, ("GRANTEE') the receipt and suffdency of which Is hereby acknowledged. has GRANTED, SOLO, and CONVEYED, and does hereby GRANT, SELL, and CONVEY to Grantee, Its successors, legal representatives and assigns, the free and uninterrupted use, liberty, privilege, and exclusive easement of going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas (the •Premises7_ together with free Ingress, egress, and regress within said easement by Grantee, its duly aulhodzed agents, servants, and franchisees, la be used from time to time for the municipal purpose of constructing. laying, operating, inspecting, servicing, repairing, maintaining, replacing keeping, and removing public utility lines (including above and below ground appurtenances !hereto) on aver under, and along the Premises described In Exhibit 'A' attached herelo and adopted by this reference for all purposes GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a Temporary Construction Easement described as an additional Filly fool wide canslruction easement, west of and adjacent to the above-described uIIUty easement. Said temporary construction easement will be used for the purpose of providing working room and storage of materials and machinery during the constructing or laying of the initial public utility line under the leans of this gran! This Temporary Construction Easement automalically terminates upon completion and acceptance by the City Manager of the City of Corpus Christi. Texas of the Initial Line laid or constructed The location of the rd1e55.s EXHIBIT A TRACT 415 above-described utility easement and temporary construction easement are more particularly described by the plat identified as Exhibit "S'' attached hereto and adopted by This reference as a part hereof for all purposes The nghls conveyed to the Grantee herein are easements only, and there is reserved unto the Grantor, Grantor's heirs, executors and assigns, the use and enjoyment of the Premises subject only to the dominant right of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed. The City of Corpus Christi shall, from time to lime, after any construction under the Ierms of this easement, restore the surface of land within the easement areas as nearly as practicable to the same condition, as existed prior to such construction Grantee shall have no right la use any of Grantor's property outside the easements herein conveyed TO HAVE AND TO HOLD, ALL AND SINGULAR the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives and assigns for the above-described utility easement and temporary construdion easement for the municipal purpose and uses herein above-described for so long as the same are used for such purpose, and if the use of said easement i5 ever abandoned then the aforesaid rights and pmri cease Signed this Q day of %4- prf Grantor 7 Ronald S. Brownin 2 157685 5 , 2004 THE STATE OF r Le-f4S COUNTY OF /lllre 65 5 5 § This instrument was aclmowledged before me on 2004. by Ronald S Browning. 1;=11 GANAJR 1. tr,-Yrt18.lC suns tau ter, Ey rissrmas TRACT 41S rez Notary Public, ale of 7‘ r ACCEPTED for the City of Corpus Christi. a municipal corporation and body politic under the laws of the Stale of Texas on (1R 1') . 2004. • Grantee CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 City Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACOUISMON DIVISION Co . - fist, Texas 78489-9277 George K. Noe, City :tan ger APPROVED AS TO LEGAL FORM ON Actel THE STATE OF TEXAS COUNTY OF NUECES Sessiciecidtttt corporation. for the CITY ATTORNEY + Joseph Ha ey, A^,slst City Attorney City Legal Department § 5 . 2004 f ment was acknowledged before me on 2904. by 'AngeicRxrcsirobeciaacilintifiefieballiiiilit9AIRGeorge R. Noe ity of Corpus Christi, a Texas municipal corporation, on behalf of said as City Manager Came Psisa-J2,12,"' r tar Cv 2 ' S"w's 1 �.� None!. Yret 7007 Not: Public, State of Texas le7sess /(�ht•, ATTF.ST AIINI41Ah7-H1hr'11 T. ey!:."4' nal -4 of U Uit$hILty eT mom._ �....� l I b~' -- trt (361)854 3101 STATE OF TEXAS COUNTY OF NUECES Jab No. 33760.A205 October 9.2003 o BOX 6355 • CORPUS CI4RSIi TEXAS 7a4b66355 rAX (361)854.6001 EXHIBIT A TRACT 415 Fieldnoles fora 20 00 foot wide utility casement out or 25,00 acre tract of land; said 25.00 acre tract being out of Lots 22, 23, 25 and 26, Section 20, Flour Bluff& Encina) Farm & Garden Tracts, a map of which is recorded in Volume A. Pages 41 thru 43, Map Records of Nueces County, Texas end being the same property conveyed in deed recorded in Document No, 913419, Deed Records of Nueees County; said utility easement being further described as follows: Beginning at a point on the existing northwest boundary of Rodd Field Road for a comer of said 25.00 acre tract and fax the south corner of this easement, from which corner the centerline intersection of Rodd Field Road and Slough Road, a public 40 foot roadway, bears South 61019'49" East 60.00 feet and (hence South 2E40'1 I" West 219.611 reel and from which beginning point a found concrete manumcnt bears North 28'40' II" East 0.25 feet and from which Point of Beginning a National Geodetic Survey monument stamped "5S-100" bears South 79'25'06" West 14,473,45 feet and another National Geodetic Survey monument stamped "SR -070" bears South 44'16'14" East 9,591.30 feel; Thence, South 55'14'05" West, with the northwest flare right-of-way of rod Filed Road, same being the existing southwest boundary of said 25.00 acre tract and the southwest boundary of this casement, 44.72 feet for the west cornet of this cawcment. Thence, North 28°40'11'' Fast, with the northwest boundary of this easement, parallel with the existing northwest boundary of Rodd Field Road and 20,00 feet distant there from, measured at right angles thereto, a distance or 890.26 feet to the common boundary orsaid 25.00 acre tract and ofa 3.456 acre tract (Document No 877262, Official Records of Nueces County, Texas) far the north corner of this easement; Thence, South 61°19'49" East. with the with the above mentioned common boundary. same being the northeast boundary of said 25.00 acre Irael and of this casement, 20.00 feet to a 51 inch iron rod found for the south corner or sold 3 456 acre Iracl, tor the out corner of said 25,00 acre tract and for the west corner of this easement. Thence, South 28'40'11" West, with dee southeast boundary of said 25.00 Gere tract of land end of this easement. same bring the existing nurihwest boundary of Rcdd Field Road, parallel with its cenir:Itne and 60.00 feel distant there from, measured at right angles thereto, 850.26 feet to the Point of Beginning and containing 17,405 201 square feet of land. Bearings based on GPS bearings, NAD83, Texas South Zone, National (ieodelic Survey monuments "SR•070" (North coordinate - 17,123,255.1563 East coordinate •• 1.353,940,5964) and "SS -100" (North coordinate = 17,127,465.1516 East coordinate • 1,338,024,1126) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas Slate Plane Coordinate System, South Zone (NAD83), URBAN ENGINEERING )dhPyin JUAN J. SAI.AZAR. R.I'.I..S. License No 4909 E.NU21DUr1Sarre mSU)76a.A]a5WN EXHIBITSU3760A70511.: 7rt415 doe 2725 SWANTNER DR • CORPUS CHRISTI, TEXAS 78434 mail$urbaneng.com Pap 1at1 c i5mrro taus to .209 MIMS 's137001 ao�Nlo1 61.71111 ���•Seid If � 141118 110014 Oa NOLLMIS 5:e 101 Al 1/10� .000z= AODG MI►AI.LK 1 g51 Nag I tia ig 4;1 1 7. ,., 1 pros 44 tOVOa HMO'S3 — !Pi 5311 pew! 3Tf.S Cuwsrrar wan !cram rm • 44;44 cable ravel mraml 011. Clay. Co. . .- 4141Z1411"4%5 Cwnr mins City of Corpus Christi P. 0. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DiV. Corpus Christi, Texas 78469-9277 RnyF1,%63C bcrt41 wit!, fr:0101 he We to ori Sammycejyk F} a Leen Carrnit ead yoy LLUN; 3n Aerial Overview Aerial AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 15, 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 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Jeff Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Interlocal Cooperation Agreement and Construction Contract Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements Ordinance appropriating $307,419.45 of anticipated revenues from the Corpus Christi Independent School District (CCISD) in Fund No. 3530 for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements project; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $307,419.45; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with CCISD for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. PURPOSE: The purpose of this Agenda Item is to appropriate funding from and execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District (CCISD) for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. BACKGROUND AND FINDINGS: CCISD is constructing the new Veterans Memorial High School at the intersection of Cimarron Boulevard and Lipes Boulevard, which will open 2015-2016 school year. A Traffic Impact Analysis Study determined a new signal is warranted at the intersection of Cimarron Boulevard and Lipes Boulevard. On May 6, 2015, the City received proposals from two (2) bidders as follows: Contractor Base Bid Star Operations, Inc. San Antonio, Texas $246,698.55 Austin Traffic Signal Construction Company Pflugerville, Texas $292,780.43 As per the Project Specifications, Section IV. Requirements Item 5: 5. Contractor is required to have one certified IMSA Level II or higher Traffic Signals Technician and a journeyman licensed electrician to make necessary repairs to traffic signal devices external or internal to the traffic signal controller cabinet. The IMSA Level II or higher -certified Traffic Signals Technician and Texas licensed journeyman electrician are required to be on the job -site at all times to supervise construction, installation and troubleshooting. No work will occur at any signalized intersection under this agreement without a Traffic Signals Level II or higher technician and a Texas licensed journeyman electrician present at all times. PROPOSERS SHALL PROVIDE TO THE CITY WITH THEIR PROPOSALS A COPY OF THE IMSA CERTIFICATION(S) & JOURNEYMAN'S LICENSES FOR ALL EMPLOYEES WHO WOULD BE PERFORMING THIS WORK. The apparent low bidder, Star Operations, Inc., did not submit this required information with their bid proposal and as such was determined to be non-responsive. Therefore, staff determined the lowest responsible bidder is Austin Traffic Signal Construction Company. Per the Interlocal Agreement, CCISD provided the plans and specifications for the project to allow the City to bid the project and complete construction before August 24, 2015. CCISD agrees to reimburse the City for 100% of the costs of construction under the construction contract. City shall invoice CCISD monthly for costs incurred on the project. CCISD will pay City within 30 -days from the date of receipt of City's invoice. The City agrees to bid, award, administer, inspect the construction, and provide all future maintenance. ALTERNATIVES: 1. Execute the Interlocal Cooperation Agreement with CCISD and the construction contract with Austin Traffic Signal Construction Company (recommended). 2. Do not execute the Interlocal Cooperation Agreement with CCISD and the construction contract with Austin Traffic Signal Construction Company (not recommended). CONFORMITY TO CITY POLICY: The Interlocal Cooperation Agreement is authorized by Chapter 791 of the Government Code and conforms to the City's policies and charter requirements for contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget (City Share) $0.00 $25,342.00 $25,342.00 Ordinance (CCISD) 0.00 307,419.45 307,419.45 Budget (CCISD) 33.584.80 33.584.80 TOTAL BUDGET 0.00 $366,346.25 $366,346.25 Encumbered / Expended Amount 0.00 0.00 0.00 This item 0.00 $292,780.43 $292,780.43 Future Anticipated Expenditures This Project (City Share) 0.00 25,342.00 25,342.00 CCISD Expenditures 48,223.82 48,223.82 BALANCE $0.00 $0.00 $0.00 Fund(s): CCISD and Bond 2012 Street Traffic Signal Improvements RECOMMENDATION: City staff recommends approval of the Ordinance to enter into the Interlocal Agreement and the construction contract. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Interlocal Cooperation Agreement Ordinance Presentation PROJECT BUDGET Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements FUNDS AVAILABLE: Corpus Christi Independent School District (CCISD) $ 341,004.25 City Share (Bond 2012 - Traffic Signal Improvements) 25,342.00 TOTAL $366,346.25 FUNDS REQUIRED: Construction City (Austin Traffic Signal Construction Company) $ 292,780.43 Contingency (5%) 14,639.02 Construction Inspection (In House) 6,587.00 Consultant Fees: * Consultant (Maldonado Bukett Intelligent Transportation Systems) 33,584.80 Land Acquisition (Property Easements) 6,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 4,400.00 Capital Programs (Project Mgt/Constr Mgt/Traffic Mgt Services) 5,855.00 Misc. (Printing, Advertising, etc.) 2,500.00 TOTAL $ 366,346.25 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Paid directly to consultant through separate contract by CCISD THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI FOR CIMARRON BOULEVARD AND LIPES BOULEVARD TRAFFIC SIGNAL IMPROVEMENTS This Interlocal Cooperation Agreement is made between Corpus Christi Independent School District ("CCISD") and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, CCISD is building a new Veterans Memorial High School on Cimarron Boulevard and requires traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard; NOW, THEREFORE, BE IT AGREED BY CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Cimarron & Lipes Traffic Signal Improvements Project. The City agrees to construct traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard to benefit the CCISD Veterans Memorial High School. The traffic signal improvements include a traffic signal at the intersection and school zone flashers on Cimarron Boulevard and Lipes Boulevard ("Project"). 2. Cost Sharing. The City and CCISD will cooperate in the funding for the traffic signal improvements. The parties acknowledge that the amounts stated in this agreement are an estimate only, and that the final cost shall be determined upon completion of the Project. a. CCISD agrees to hire and pay for the cost of the design consultant. CCISD will also provide certain materials to be used in the construction of the traffic improvements, including the traffic signal mast arms, traffic signal poles and miscellaneous fittings. The estimated construction cost for the Project is $250,000.00. b. The City agrees to pay for the traffic signal easements necessary for the Project, bid the Project, oversee construction and perform inspection services. 2. Reimbursement of Construction Costs. City shall invoice CCISD monthly for costs incurred on the Project. CCISD will pay City within 30 days from the date of receipt of City's invoice. 1 3. Timing of Construction. CCISD agrees to cause the plans, specifications and estimates for the Project to be completed in sufficient time to allow the City to bid the Project and complete construction before August 24, 2015. City agrees, subject to CCISD's completion of the plans, specifications and estimates to bid the Project so that construction may be completed by such date. The parties agree that the construction of the traffic signal improvements should be completed before August 24, 2015, in time for the opening of the Veterans Memorial High School. 4. Term of Agreement. This Agreement shall be for an initial term of one year. 5. Payments. Any payment made by either the City or the CCISD for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of CCISD and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 6. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. CCISD: Superintendent Corpus Christi ISD 801 Leopard Street Corpus Christi, Texas 78403 CITY: City Traffic Engineer City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 7. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 8. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 9. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 10. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 2 11. Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CITY OF CORPUS CHRISTI )1134Date) Valerie Gray, P.E. (Date) Executive Director of Public Works ATTEST: ATTEST: r �� 1Z, .0167(7-2,d Board Sec tary ate Rebecca b ecca Huerta, City Secretary (Date) APPROVED AS TO FORM: APPROVED AS TO FORM: 717k, y—loc—ier Attorney for Corpus Christi ISD (Date) Assistant City Attorney (Date) 3 CCISD VETERANS MEMORIAL HIGH SCHOOL TRAFFIC SIGNALS IMPROVEMENTS - CIMARRON BLVD AND LIPES BLVD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ORDINANCE APPROPRIATING $307,419.45 OF ANTICIPATED REVENUES FROM THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT (CCISD) IN FUND NO. 3530 FOR THE CIMARRON BOULEVARD AND LIPES BOULEVARD TRAFFIC SIGNAL IMPROVEMENTS PROJECT; CHANGING THE FY 2015 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030303 TO INCREASE REVENUES AND EXPENDITURES BY $307,419.45; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CCISD FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF CIMARRON BOULEVARD AND LIPES BOULEVARD FOR THE NEW VETERANS MEMORIAL HIGH SCHOOL; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT WITH AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY OF PFLUGERVILLE, TEXAS IN THE AMOUNT OF $292,780.43 FOR THE CIMARRON BOULEVARD AND LIPES BOULEVARD TRAFFIC SIGNALS IMPROVEMENTS FOR THE BASE BID ONLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add $307,419.45 of anticipated revenues from the Corpus Christi Independent School District to the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvement project. SECTION 2. Revenues and expenditures in the amount of $307,419.45 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District (CCISD) to improve traffic signals at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School. SECTION 4. The City Manager or designee is authorized to execute a construction contract for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements project in the amount of $292,780.43 for the base bid only with Austin Traffic Signal Construction Company of Pflugerville, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 , , 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 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Jchrsti Capital Programs Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements Council Presentation July 14, 2015 Project Scope dit° Corpus Chrsti Capital Programs CCISD is building a new Veterans Memorial High School on Cimarron Boulevard and Lipes Boulevard. Improvements include a traffic signal, school zone flashers, traffic signal mast arms, traffic signal poles, and miscellaneous fittings. City agrees to bid the project & oversee construction; & perform inspections services. CCISD agrees to cause the plans and specs for the project to be completed in sufficient time to allow the City to bid the project and complete construction before August 24, 2015. 2 Project Schedule co) Corpus Chrsti Capital Programs 2015 Apr May Jun Bid Jul Aug Construction Project Budget FUNDS AVAILABLE: Corpus Christi Independent School District (CCISD) $341,004.25 City Share (Bond 2014) 25,342.00 TOTAL $366,346.25 FUNDS REQUIRED: Construction City (Austin Traffic Signal Construction Company) Contingency (5%) Construction Inspection (In House) $292,780.43 14,639.02 6,587.00 Consultant Fees: * Consultant (Maldonado Bukett Intelligent Transportation Systems). 33,584.80 Land Acquisition (Property Easements) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Capital Programs (Project Mgt/Constr Mgt/Traffic Mgt Services) Misc. (Printing, Advertising, etc.) 6,000.00 4,400.00 5,855.00 2,500.00 TOTAL $366,346.25 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Paid diretly to consultant through separate contract by CCISD diti° Corpus Chrsti Capital Programs AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: July 10, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Stacie Talbert Anaya, Interim Director, Parks and Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Community Park Development & Improvements at La Retama Park CAPTION: Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Park for the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). PURPOSE: The purpose of this Agenda Item is to appropriate contributions, approve interlocal agreements and execute a construction contract for the Community Park Development & Improvements at La Retama Park as a jointly funded project. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@A805FE86.DOCX BACKGROUND AND FINDINGS: This project upgrades the existing landscape of La Retama Park from softscape to hardscape to better support the current park uses and reduce maintenance requirements and cost. La Retama Park is a triangular shaped park that is centrally located downtown just below the bluff transition to uptown. The park is bounded by Peoples, Schatzell and N. Mesquite. The Downtown Management District (DMD) uses this park for cultural events such as the monthly Downtown Artwalk where the majority of the vendors set up in the park with a small concrete slab at the east end used as the stage. The increased foot traffic and activities create excessive cost for maintenance and restoration of the grassed areas. This project provides the hardscape improvements to address this and to provide aesthetic enhancements with amenities for continued use as an outdoor venue. Major elements of this project include: Demolition of existing sod and landscaping New stabilized decomposed granite surface New landscaping & irrigation systems New lighting & electrical connections (Additive Alternate) New site furnishings (Additive Alternate) Drinking Fountain French Drain Concrete Band Park Sign Trash/Recycle Receptacles Per Litter Station Bike Rack Historical Marker On Wednesday, February 25, 2015 the City received proposals from one (1) bidder and the bid is as follows: Contractor Base Bid Add Alt #1 Add Alt #2 Total McNamee Landscapes and Nursery, LLC. Taft, Texas $120,000.00 $53,590.00 $32,342.00 $205,932.00 The City's NE Consultant, Turner Ramirez Architects recommends a contract be awarded to McNamee Landscapes and Nursery, LLC. of Taft Texas in the amount of $173,590.00 for the base bid and alternate one. It is the consultant's opinion that based on qualifications from McNamee Landscapes and Nursery their completed projects are commensurate with the complexity and scope of this project. References provided all stated an exceptional level of service. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@A805FE86.DOCX ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid plus Additive Alternate 1 with McNamee Landscapes and Nursery, LLC.as proposed. (RECOMMENDED) 2. Do not execute the Construction Contract for the Base Bid plus Additive Alternate 1 with McNamee Landscapes and Nursery, LLC. as proposed. (NOT RECOMMENDED) 3. Execute the Construction Contract for the Base Bid and one or both of the additive alternates. (NOT RECOMMENDED) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2014-2015 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation 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 $227,640.05 $227,640.05 Encumbered/Expended Amount This item $173,590.00 $173,590.00 Future Anticipated Expenditures This Project $54,050.05 $54,050.05 BALANCE $0.00 $0.00 Fund(s): Parks and Recreation Bond 2012, Downtown Road and Streetscape Improvements 2014, Downtown Management District, Regional Transportation Authority Comments: The Construction Contract will result in the expenditure of an amount not to exceed $173,590. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid plus Additive Alternate 1 with McNamee Landscapes and Nursery, LLC. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@S805FE86.DOCX LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Interlocal Agreement with DMD Interlocal Agreement with RTA C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@S805FE86.DOCX Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Park for the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add RTA anticipated revenues in the amount of $70,000 and CCDMD anticipated revenues in the amount of $20,000 to the Community Park Development and Improvements at La Retama Park project. SECTION 2. Revenues and expenditures in the amount of $90,000 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303 in the Park CIP Fund 3280. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with the RTA and an Interlocal Cooperation Agreement with the CCDMD to construct park improvements at La Retama Park. SECTION 4. The City Manager or designee is authorized to execute a construction contract for Community Park Development and Improvements at La Retama Park in the amount of $173,500 for the Base Bid and Additive Alternate 1 with McNamee Landscapes and Nursery, LLC. of Taft, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 , 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 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET ESTIMATE Community Park Development - La Retama Park (Project No. E12115) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation (Bond 2012) $ 75,000.00 Regional Transportation Authority (RTA) 70,000.00 Downtown Management District (DMD) 20,000.00 Street Bond 2014 54,828.50 $ 219,828.50 FUNDS REQUIRED: Construction (NcNamee Landscapes) THIS ITEM $ 173,590.00 Contingency (10%) 17,359.00 Design Fees: Engineer (Turner Ramirez Architects) 19,200.00 Geotechnical Study and Testing 3,471.80 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 1,735.90 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) 3,471.80 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL $ 219,828.50 ESTIMATED PROJECT BUDGET BALANCE $0.00 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI FOR THE IMPROVEMENT OF LA RETAMA PARK This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, the Corpus Christi City Council ("Council") adopted an ordinance consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which proposition four ("Proposition 4"), relating to parks and recreation improvements, was successful; and WHEREAS, Proposition 4 gave the City the ability to expend bond proceeds for public purposes including designing, constructing, renovating, improving and equipping City parks and recreation facilities; and WHEREAS, the City will provide $75,000.00 in bond funds to improve La Retama Park ("Project") as part of the 2012 Bond Program to reduce the park's maintenance requirements, enhance its attractiveness and offer amenities for continued use as a public outdoor venue; and WHEREAS, the RTA will provide $70,000.00 in funds for the transit -related elements of the Project; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. La Retama Park — Scope of Proiect. The renovations and improvements to La Retama Park include resurfacing the park with ADA -compliant material, new landscaping and irrigation systems and addition of a bike rack, drinking fountain and litter stations. Additive alternatives include new lighting and electrical connections and new site furnishings. 2. Project Management. The City will be responsible for the design and construction of the Project. The City agrees, subject to RTA's review and approval of the construction plans and specifications, to bid the Project. The City will oversee construction and perform inspection services. 3. Funding Commitment. RTA will provide $70,000.00 for the Project. RTA will pay City no later than thirty (30) days following the effective date of this Agreement. 4. Chancre Orders. All change orders will be reviewed by both the City and RTA. The City will give final approval of all Change Orders. 5. Final Inspection. The City will notify RTA of the date that the project should be complete so that a final inspection can be performed. RTA may participate in the final inspection and acceptance of the Project 6. Sicnacre. During the construction, in the event of any installation of signage reflecting the investment of City Bond funds into the Project, the RTA may also install a sign at the same location reflecting the investment of RTA funds in the Project. 7. Term of Agreement. This Agreement shall be for an initial term of one year or until final acceptance of the Project, whichever date occurs first. 8. Disadvantaged Business Enterprises. The City agrees to include such provisions in its construction documents as are reasonably required in order to promote the use of disadvantaged business enterprises in connection with the construction of the Project and comply with Title VI of the Civil Rights Act. 9. Payments. Any payment made by either the City or the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Inter -local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 10. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director, Capital Programs 11. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 12. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court -2- of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 13. Non -waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance, 14. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 15. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 16. Inter -local Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 17, No Waiver of immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY 47 /2. /40,/ - ruz-Aedo, Interim CEO (Date) Valerie Gray (Date) CITY OF CORPUS CHRISTI Executive Director Public Works ATTEST: Rebecca Huerta, City Secretary (Date) Assistant City Attorney (Date) THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI FOR THE IMPROVEMENT'OF LA RETAMA PARK This Interlocal Agreement is made between the Corpus Christi Downtown Management District in Corpus Christi, Texas ("CCDMD"), a state -authorized improvement district, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, the Corpus Christi City Council ("Council") adopted an ordinance consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which proposition four ("Proposition 4"), relating to parks and recreation improvements, was successful; and WHEREAS, Proposition 4 gave the City the ability to expend bond proceeds for public purposes including designing, constructing, renovating, improving and equipping City parks and recreation facilities; and WHEREAS, the City will provide $75,000.00 in bond funds to improve La Retama Park ("Project") as part of the 2012 Bond Program to reduce the park's maintenance requirements, enhance its attractiveness and offer amenities for continued use as a public outdoor venue; and WHEREAS, the CCDMD will provide $20,000.00 in funds to the Project; NOW, THEREFORE, BE IT AGREED BY THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. La Retama Park — Scope of Project. The renovations and improvements to La Retama Park include resurfacing the park with ADA -compliant material, new landscaping and irrigation systems and addition of a bike rack, drinking fountain and litter stations. Additive alternatives include new lighting and electrical connections and new site furnishings. 2. Project Management. The City will be responsible for the design and construction of the Project. The City agrees to bid the Project. The City will oversee construction and perform inspection services. 3. Funding Commitment. CCDMD will provide $20,000.00 for the Project. CCDMD will pay City no later than thirty (30) days following the effective date of this Agreement. 4. Change Orders. The City will give final approval of all Change Orders. 5. Final Inspection. The City will notify CCDMD of the date that the project should be complete so that a final inspection can be performed. CCDMD shall participate in the final inspection and acceptance of the Project 6. Term of Agreement. This Agreement shall be for an initial term of one year or until final acceptance of the Project, whichever date occurs first. 7. Payments. Any payment made by either the City or the CCDMD for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of the CCDMD and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. CCDMD: Executive Director Corpus Christi Downtown Management District 223 N Chaparral Street, Ste A Corpus Christi, Texas 78401 CITY: Director of Capital Programs City of Corpus Christi P.Q. Box 9277 Corpus Christi, Texas 78469-9277 9. Performance. This Agreement shall be performed in Nueces County, Texas and shall be interpreted according to the laws of the State of Texas. 10. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 11. Non -waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 12. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 2 13. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 14. Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 15. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and CCDMD have made and executed this Agreement in multiple copies, each of which is an original. CORPUS CHRISTI DOWNTOWN CITY OF CORPUS CHRISTI MANAGEM NT DISTRICT ‘.-----Th( 4177 - Terry Sw= ney (Date) Executive ) irector S 3 Valerie Gray (Date) Executive Director Public Works ATTEST: Rebecca Huerta, City Secretary (Date) Assistant City Attorney (Date) 04 F } Cn , s 'a % 41; } sI?F LU 0 J Z 4 STARR STesik 1 '' a;� 2 U Z EOPLES ST LOCATION MAP NOT TO SCALE , r//, PROJECT LOCATION co PROJECT: E12115 COMMUNITY PARK DEVELOPMENT & IMPROVEMENTS LA RETAMA PARK CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Community Park Development & Improvements La Retama Park Council Presentation June 23, 2015 Project Scope Corpus Chr sti Capital Programs g w Z ti STARR ST ELMils r• 1 N PEOPLES ST SCTZFLC sr N CARANCAHUA 7,7 PROJECT LOCATION co Project includes: • Removal of existing sod & landscaping • New stabilized decomposed granite surface • New landscaping & irrigation • Other amenities such as bike rack, historical marker, signage, trash / recycle receptacles and other misc. items 2 Project Schedule Corpus Chrsti Capital Programs 2014 2015 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Bid / Award Aug Sep Oct Nov Construction Project Estimate: 120 Calendar Days 4 Months Projected Schedule reflects City Council award in July 2015 with anticipated construction completion in November 2015. AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of July 14, 2015 Second Reading Ordinance for the City Council Meeting of July 21, 2015 DATE: June 23, 2015 TO: Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO, CCREDC Emily Martinez, Vice President, CCREDC Phone: (361) 882-7448 Email: emartinez@ccredc.com First Amendment to a Type A Grant for HEB Grocery Company, LP CAPTION: Ordinance approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional amount up to $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. PURPOSE: HEB will make improvements to McCampbell Road, and related infrastructure, in front of its manufacturing and distribution facilities. Company is required to retain over 388 of jobs and payroll of $12.5 million, plus $17.7 million in capital improvements. BACKGROUND AND FINDINGS: HEB has been a part of Corpus Christi since 1905 and currently has 418 employees at its bakery plant on McBride Lane. This facility is not a retail operation, but operates as the central tortilla bakery distributing to all HEB stores in Texas. The section of McCampbell Road outside of its facility is in a deteriorated condition, and HEB has proposed to improve the street and infrastructure in conjunction with its $17.7 million private capital investment in the bakery facility. • May 21, 2012: Type A Board approved a grant of $750,000 for this project. • September 17, 2012: Type A Board, per City Engineer's recommendation, amended stipulation to require concrete construction of road improvements and increased maximum reimbursable amount to $850,000. • January 29, 2013: City Council approved ordinance allocating $850,000 in Type A funds for McCampbell Road improvement project. • 2013-14: As part of the project's engineering and design phase, additional underground utility and infrastructure work was identified as necessary by City and company engineers, prior to road improvements beginning. Additional railroad spur crossing improvements were identified by Kansas City Southern Railroad (KCS), which required extensive negotiation and review. • January 2015: HEB issued a notice for bid on the construction of the infrastructure and road improvements, as well as the required railroad crossing. • February 4, 2015: HEB received three bids from local contractors, all exceeding the amount of the initially approved amount due primarily to the additional work required by KCS for the railroad crossing and related work. KCS improvements include at -grade spur crossing, permit fees, flagman/traffic control costs and contingencies which will all be contracted via HEB, and reimbursed based on submitted invoices not to exceed the total contract amount. The railroad crossing is projected to cost $170,000. Additional materials testing, engineering plans and geotechnical analysis are also required as part of the amended scope. • April 16, 2015: HEB requested to increase the approved grant award from $850,000 to $1,100,000 to complete the road reconstruction project. The agreement states that HEB will be reimbursed for actual work completed (invoices & evidence of payment), and any unspent funds will be de -obligated and returned to the Type A general fund. • May 14, 2015: CCREDC Board voted to recommend approval of the first amendment. • May 18, 2015: Type A Board voted to recommend approval of the first amendment to the agreement, increasing the amount of the grant by $250,000 to $1,100,000. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: HEB has been a major employer in Corpus Christi for over 100 years and has an investment in this facility valued at over $17 million. HEB has been in compliance for the first two years of the agreement for employment and payroll requirements. CONFORMITY TO CITY POLICY: Project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering 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 250,000 250,000 BALANCE 250,000 250,000 Fund: Type A 1140 RECOMMENDATION: CCREDC, Type A Board, and Staff recommends approval of the first amendment to the Type A Grant to HEB in the amount of $250,000 for improvements to McCampbell Road to increase total project allocation from $850,000 to a not -to -exceed amount of $1,100,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Amendment - HEB Page 1 of 2 Ordinance Approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from HEB for the improvement of McCampbell Road in front of their bread and tortilla manufacturing facility in Corpus Christi and the retention of jobs; in which HEB proposes to invest up to $17,700,000 in expansion of their bread and tortilla manufacturing facility and will retain full-time jobs with an annual payroll of at least $12,522,700 over a five year period will best satisfy this goal; Whereas, The Type A Board approved the amendment at their May 18, 2015 meeting. Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and HEB; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the first amendment to the business incentive agreement for the retention of jobs between the Type A Corporation and HEB that provides for the improvement of McCampbell Road in front of their existing manufacturing facilities within the City of Corpus Christi, is approved. SECTION 2. That $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to HEB for the retention of jobs. SECTION 3. That Ordinance No. 030294, which adopted the FY 2014-2015 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $250,000 for the first amendment to a business incentive grant from the Type A Corporation to HEB for the improvements to McCampbell Road. @BCL©1406F47E Page 2of2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas Nelda Martinez Mayor That the foregoing ordinance was read for the first time reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill @BCL©1406F47E FIRST AMENDMENT TO THE BUSINESS INCENTIVE AGREEMENT FOR THE RETENTION OF JOBS BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND HEB GROCERY COMPANY, LP This First Amendment (this "First Amendment") to the Business Incentive Agreement for the Retention of Jobs is entered into between the Corpus Christi Business and Job Development Corporation (the "Corporation") and HEB Grocery Company, LP ("HEB"), a Texas limited partnership. WHEREAS, the Corporation and HEB entered into that certain Business Incentive Agreement for the Retention of Jobs between the Corpus Christi Business and Job Development Corporation and HEB to improve McCampbell Road, dated February 8, 2013 ("Agreement); WHEREAS, HEB has requested that the Corporation provide additional funds in an amount up to $250,000 for costs incurred by HEB to improve McCampbell Road and related utility improvements; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to provide the additional funding requested by HEB; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this First Amendment, the Corporation and HEB agree as follows: 1. The effective date of this First Amendment is the latest date that either party executes this First Amendment. 2. The first paragraph of Section 5 of the Agreement is hereby amended to read as follows: Corporation Performance Requirements. Provided that HEB complies with the terms of this agreement, the Corporation shall reimburse HEB for actual, documented expenses incurred to design and construct the McCampbell Road Project (the "Actual project Expenses"). Subject to 5(B) herein, the Corporation's reimbursement of the Actual Project Expenses shall be made to HEB in five (5) annual payments (each a "Corporation Grant") up to a maximum amount of $1,100,000 ("the "Maximum Reimbursement Amount"). 3. This First Amendment embodies the entire agreement between the Corporation and HEB with respect to the amendment of the Agreement, as of the effective date hereof. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control. 4. Except as specifically modified and amended herein, all other terms, provisions, requirements, and specifications contained in the First Agreement shall remain in full force and effect. Page lof2 #218141v1 5- This First Amendment shall be governed by the laws of the State of Texas. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORAT ION By: Date: Attest: By: Bart Braselton President Rebecca Huerta Assistant Secretary HEB Grocery Company, LP Todd A. Piland Executive Vice President THE STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on r 2015, by Todd A. Piland acting as Executive Vice President of HEB Grocery Compa , LP, a Texas limited partnership, on behalf of the partnership. Notary Public State of Texas • soo $ DEBRA L. SALDANA Notory Public. state of Texos x X78 My Commission Expires �;rr' March 12, 2018 Page 2 of 2 $218141v1 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July21, 2015 DATE: June 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 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 Enqineerinq Construction Contract South Staples Street from Morgan Avenue to IH 37 BOND 2012 Ordinance appropriating $771,036 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $6,557,836; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA, 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 $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 for the total Base Bid plus deductive alternate 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $74,350 for South Staples Street from Morgan Avenue to IH 37. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bay LTD, for South Staples Street BOND 2012 project. BACKGROUND AND FINDINGS: This project limits are from IH 37 to the north edge of Morgan Avenue. The construction work consists of reconstruction of the roadway curb to curb, replacement of water and wastewater lines, storm water trunk C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@A8051493\@BCL@A8051493.DOCX line, ADA compliant routes, sidewalk and curb & gutter improvements. Bus pads will be improved along Staples and RTA is funding reconstruction near new station to include new concrete roadways on Artesian and Mestina streets. On June 3, 2015, the City received proposals from three (3) bidders and the bidders: Contractor Concrete: IH 37 to Comanche Asphalt: Comanche to Morgan Concrete: IH 37 to Morgan Berry Contracting LP. DBA Bay LTD Corpus Christi, Texas $13,414,114.10 $14,691,702.00 Reytec Construction Resources Houston, Texas $14,585,865.50 $14,746,574.10 Haas -Anderson Construction LTD Corpus Christi, Texas $20,485,289.20 $0.00 The project bid both to include asphalt and to include concrete. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Naismith Engineering, Inc. conducted a bid analysis of the three (3) proposals submitted in response to the City's bid solicitation. Naismith Engineering found that Bay LTD has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $81,126.50 $9,047,100.51 $0.00 $9,128,227.01 Ordinance $0.00 $5,786,800.00 $0.00 $5,786,800.00 RTA $771,036.00 $0.00 $0.00 $771,036.00 Total Budget $852,162.50 $14,833,900.51 $0.00 $15,686,063.01 Encumbered / Expended Amount $852,162.50 $11,000.00 $0.00 $863,162.50 This item $0.00 $13,488,464.10 $0.00 $13,488,464.10 Future Anticipated Expenditures This Project $0.00 $1,230,663.44 $0.00 $1,230,66.44 BALANCE $0.00 $103,772.97 $0.00 $103,772.97 C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@A8051493\@BCL@A8051493.DOCX Fund(s): ST 09 Comments: Funds for utility requirements have been set aside through two 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 $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 BOND 2012 for the total base bid plus deductive alternative 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. from Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@A8051493\@BCL@A8051493.DOCX ORDINANCE APPROPRIATING $771,036 OF ANTICIPATED REVENUES FROM THE REGIONAL TRANSPORTATION AUTHORITY (RTA); CHANGING THE FY 2015 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030303 TO INCREASE REVENUES AND EXPENDITURES BY $6,557,836; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE RTA; 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 $13,414,114.10 FOR SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37 FOR THE TOTAL BASE BID PLUS DEDUCTIVE ALTERNATE 1 AND TO EXECUTE A CONSTRUCTION MATERIALS TESTING AGREEMENT WITH ROCK ENGINEERING AND TESTING, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $74,350 FOR SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37. (BOND 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add RTA anticipated revenues in the amount of $771,036 to the South Staples Street Project from Morgan Avenue to IH 37. SECTION 2. The amounts of $1,675,000 from Fund 3549 Street 2013 General Obligation Bond 2012 Project #E12101 Morgan Avenue from Staples to Crosstown, $1,624,371.75 from Fund 4530 Storm Water 2015 CIP Fund Project #E12146 Lifecycle Pipe Rehab and Replacement, $350,000 from Fund 4540 Storm Water Capital Reserves Project #E12146 Lifecycle Pipe Rehab and Replacement, $279,428.25 from Fund 3495 Storm Water 2012B Revenue Bond Project E12146 Lifecycle Pipe Rehab and Replacement, $1,822,000 from Fund 4093 Water 2013 Revenue Bond Project #180198 Programmed Water Line Lifecycle Replacement, and $36,000 from Fund 4254 Wastewater 2015 Revenue Bond Project #E14015 City Wide Collection System IDIQ are transferred to Project #E12096 South Staples Street from Morgan Avenue to IH 3. SECTION 3. Revenues and expenditures in the amount of $6,557,836 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303. SECTION 4. The City Manager or designee is authorized to execute a construction contract for South Staples Street Improvement Project from Morgan Avenue to IH 37 in the amount of $13,414,114.10 for the Base Bid and Deductive Alternate 1 with Berry Contracting, LP — DBA Bay LTD of Corpus Christi, Texas. SECTION 4. The City Manager or designee is authorized to execute a construction materials testing agreement for South Staples Street Improvement Project from Morgan Avenue to IH 37 in the amount of $74,350 with Rock Engineering and Testing, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , 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 , , 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 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING AND TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: South Staples Street from Morgan Avenue to IH 37 BOND 2012 (Project No. E12096) ("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $74,350.00 (Seventy Four Thousand Three Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D." 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant 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". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 6. 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 and may not be used again by the "LAB" without the express written consent of the Director of Capital Programs. However, the "LAB" may use standard details that are not specific to this project. CITY OF CORPUS CHRISTI ROCK ENGINEERING AND TESTING LA RATORY, INC J.H. Edmonds, P.E. (Date) Curtis A. Rock (Date) Director of Capital Programs Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office (361)883-4711 Fax Operating Department (Date) APPROVED Office of Management (Dat and Budget Project No. E12096 Accounting Unit: 3549-051 Account: 550920 Activity: E12096013549EXP Account Category: 50920 Fund Name: Street CIP Bond 2012 Encumbrance No. K:\Engineering DataExchange\ANGIEM\STREET\E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012\Construction Materials Testing ROCK\ CONSTRUCTION MATERIALS TESTING.doc AROVED AS TO LEGAL FORM egal Department (Date) ATTEST City Secretary (Date) K:\Engineering DataExchange\.ANGIEM\STREET1E12096 SOUTH STAPLES STREET FROM MORGAN T011-137 BOND ISSUE 2012\Construction Materials Testing ROCK\CONSTRUCTION MATERIALS TESTING.doc Thursday, June 11, 2015 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, PE •C;EOTECHNICAI ENGINEERING • ;(iNSTRUCTION MATERIALS ENC,INELRINC; 1tSTING • _ALS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E12096 South Staples St. Morgan Ave. to IH 37 Corpus Christi, TX RETL Proposal Number: P061015B Dear Jeffrey Edmonds, PE Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit a proposal for the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $74,350.00 This estimate will change and is dependent upon the actual scope of work performed as requested on the project site and will be billed based on the testing requested and performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $32.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement. submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 15 if you have any questions regarding the proposal or would like to discuss further. Sincerely. Pablo Schmitt Estimator Rock Engineering and Testing Y a f -Ni 11Nf FRU'(, IES IN(' I AH()RA K *1r IN( ,YI 1 1 i r rI`.ARI-1SIW<+F I • Cr.)Ri'US C;I IRISII li-<AS. /8404 EXHIBIT "A" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. EXHIBIT "B" Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; EXHIBIT "C" Page 1 of 3 (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractors safety measures in, on, or near THE PROJECT site. EXHIBIT "C" Page 2 of 3 ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "C" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering and Testing Laboratory, Inc. P. O. BOX: N/A STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78409 2. 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. 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 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 1 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: Curtis A. Rock Title: Business Development Manager (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. PROJECT BUDGET Staples Street from Morgan Avenue to IH 37 July 14, 2015 PROJECT FUNDS AVAILABLE: Bond 2012 $ 5,225,372.00 Storm Water CIP 1,752,000.00 Water CIP 344,034.54 Wastewater CIP 1,716,835.92 Gas CIP 89,984.55 RTA Contribution 771,036.00 Ordinance Streets 1,675,000.00 Ordinance Storm Water 2,253,800.00 Ordinance Water 1,822,000.00 Ordinance Wastewater 36,000.00 TOTAL $ 15,686,063.01 FUNDS REQUIRED: Construction Fees: Construction Total (Bay, Ltd) $ 13,414,114.10 Streets 5,520,470.85 RTA 771,535.15 Sub -total Street Construction 6,292,006.00 Storm Water 3,664,427.90 Water 1,860,370.90 Wastewater 1,554,070.30 Gas 43,239.00 Sub -total Utility Construction 7,122,108.10 Contingency (7.5%) 1,006,058.56 Construction Inspection 94,116.38 Design Fees: * Engineer (Naismith Engineering) Original and Amendment 1 848,162.50 Testing Fees: Geotechnical Testing (Kleinfelder) 15,000.00 Construction Materials Testing (Rock) 74,350.00 89,350.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (0.3%) 47,058.19 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (0.5%) 78,430.32 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 15,582,290.04 ESTIMATED PROJECT BUDGET BALANCE $ 103,772.97 * Original contract issued January 29, 2013. CONCRETE (RTA) CONCRETE CONCRETE OR ASPHALT South Staples Street from Morgan Avenue to IH 37 (BOND 2012) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS INTERLOCAL AGREEMENT (Staples Street Center Street Improvements) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, the RTA is developing a new customer service center, administrative offices, and lease space at the intersection of Staples Street and Leopard Street in Corpus Christi (the "Staples Street Center"); WHEREAS, the City is planning to reconstruct the blocks of Staples Street adjacent to and leading up to the Staples Street Center approved as part of the 2012 Bond Program (the "Staples Street Project"), and the RTA has determined a need to reconstruct Mestina Street, between Artesian and Staples Streets, and Artesian Street, between Leopard and Mestina Streets) adjacent to and leading up to the Staples Street Center (the "Mestina/Artesian Project"); and • WHEREAS, the City and the RTA desire to cooperate in the reconstruction of such streets in order to minimize the inconvenience to bus passengers and motorists and save taxpayer funds; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Mestina/Artesian Street Project. The City agrees to construct the Mestina/Artesian Street Project in conjunction with its construction of the Staples Street Project. The estimated construction cost for the Project is $648,036, plus a $23,000 betterment fund, with a contingency of $100,000. The RTA agrees to hire and pay for the cost of the design consultants estimated in the amount of $55,993 and testing fees estimated in the amount of $9,988. The City agrees to bid the Mestina/Artesian Project and oversee construction and perform inspection services. All costs of such construction, except for the inspection services fee, shall be paid by the RTA. The parties acknowledge that the above amounts are estimates only, and that the final costs shall be determined upon completion of the Project. 2. Reimbursement of Construction Costs. RTA agrees to reimburse the City for the costs of construction under the construction contract after the RTA's CEO has reviewed the final bids and approved the final construction contract between the City and the selected contractor. City shall invoice RTA monthly for costs incurred on the Mestina/Artesian Street Project. RTA will pay City within 30 days from the date of receipt of City's invoice. 3. RTA Response Required. RTA acknowledges that the City will be overseeing construction of the Project. RTA agrees to adhere to the decisions of the City Inspector on the Project. RTA will respond within three (3) days to all requests or inquiries from the City. 4. Timing of Construction. The RTA agrees to cause the plans and specifications for the Mestina/Artesian Project to be completed in sufficient time to allow the City to bid the Project and commence construction by June 1, 2015. The City agrees, subject to the RTA's completion of the plans and specifications, to bid the Project so that construction may be commenced by such date. The parties agree that the construction of the Mestina/Artesian Project along with that portion of the Staples Street Project between Leopard Street and Lipan Street shall be completed by December 31, 2015, in order to minimize traffic delays for bus passengers and motorists. 5. Term of Agreement. This Agreement shall be for an initial term of one year with all construction to be completed by December 31, 2015. 6. Coordination With Area Construction. The parties acknowledge that the RTA shall have its Staples Street Center construction project underway, and the City shall have its Staples Street roadway improvements construction underway at the same time as construction of this Project. The parties agree to cooperate in the coordination of their respective contractors and projects in order to minimize delays and interference with their respective projects. 7. Disadvantaged Business Enterprises. The City agrees to include such provisions in its construction documents as are reasonably required in order to promote the use of disadvantaged business enterprises in connection with the construction of the Project and comply with Title VI of the Civil Rights Act. 8. Payments. Any payment made by either the City or the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Inter -local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 9. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager 10. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 11. Severability CIause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 12. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 13. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 14. Inter -local Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. Executed this day of January, 2015. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager ATTEST: Rebecca Huerta, City Secretary APPROVED AS TO LEGAL FORM: This day of February, 2015. City Attorney C:\Users\smontez\AppDatalLocallMicrosoft\Windows\Temporary Internet FileslContent.outlookUQJJF16A114 Staples St Center Streets 0121- 15.docx 3 4 Corpus Chr sti Capital Programs South Staples Street from Morgan Avenue to IH 37 BOND 2012 Council Presentation July 14, 2015 Project Scope LOCATION MAP NOT TO SCALE Corpus Chr sti Capital Programs Project includes: • Replace existing with 4 - lanes curb to curb (lip) and on -street parking, to include bike lanes. Concrete from I37 to Comanche Street. • RTA funded Improvements at Artesian & Mestina Streets (concrete). • ADA compliant sidewalks/ ramps • Utility upgrades to include water, sanitary, and storm with other minor improvements. • Pavement markings. 2 Project Schedule 41111116 Corpus Chr'sti Capital Programs 2013 2014 2015 2016 2017 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q Jan Feb Mar Apr esigl May Jun Jul Bid Aug Sep Oct Nov Dec 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q July Constructions Project Estimate: 720 Calendar Days 24 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: June 30, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director of Development Services dang@cctexas.com 361-826-3595 Approval of a resolution to begin annexation of 4.08 acres of land into the territorial limits of the City of Corpus Christi CAPTION: Resolution declaring the City's intent to begin annexation of approximately 4.08 acres of land into the territorial limits of the City of Corpus Christi, directing city staff to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation. PURPOSE: The purpose of this item is to complete processes related to annexation and economic development. The proposed annexation land in the City's Extraterritorial Jurisdiction will provide for compatible future land use and development in the City's Industrial District No. 1. (See attached resolution map) BACKGROUND AND FINDINGS: In accordance with Ordinance 029958, companies in the Industrial District have the option of entering into an Industrial District Agreement (IDA) for payment in lieu of taxes at a reduced rate, or being annexed. After extensive efforts to accommodate the five companies below, staff is recommending to begin the annexation proceedings for seven tracts of land located in the Industrial District as follows: • Coastal States Petroleum — indicated preference for annexation on two tracts. • Coastal Liquids Partners — disclaimed land ownership by all parties, no one to sign IDA on two tracts. • ABTEX — defunct company, no one to sign IDA. • Exxon Pipeline Co. — indicated preference for annexation. • Koch Gathering Sys Inc. — indicated preference for annexation In order to comply with the Local Government Code which allows the City to have an Industrial District, the City may annex properties that do not enter into an IDA. There are no known dwellings or residents on these seven tracts. In addition, these tracts do not currently have Nueces County Appraisal District agricultural, timber land or wildlife management property tax exemptions. The annexation process will span about three months, including two City Council public hearings and two readings of an annexation ordinance. Concurrent with the annexation process, Staff will initiate the zoning process for each of the properties, starting with a public hearing at Planning Commission. The staff will propose "IH" Heavy Industrial zoning for these properties as they are located in Industrial District No. 1. ALTERNATIVES: 1. To not annex some or all of the areas. 2. To continue to offer these land owners an Industrial District contract. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan and the City's Industrial District Agreement (Ordinance 029958). EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office 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 Comments: Due to the lack of residents and small size of the areas, costs to provide services will be absorbed into the City Budget. Similar to other parts of the City, as growth occurs, improvements will be placed in the City's Capital Budget as needed. RECOMMENDATION: City Council resolve and direct staff to initiate the annexation process for seven Industrial District No. 1 properties. LIST OF SUPPORTING DOCUMENTS: Annexation Schedule Resolution Presentation RESOLUTION DECLARING THE CITY'S INTENT TO BEGIN ANNEXATION OF APPROXIMATELY 4.08 ACRES OF LAND INTO THE TERRITORIAL LIMITS OF THE CITY OF CORPUS CHRISTI, DIRECTING CITY STAFF TO PREPARE A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES TO THE PROPOSED ANNEXATION AREA, AND SETTING TWO PUBLIC HEARINGS ON ANNEXATION WHEREAS, state law requires the City to direct its staff to prepare a service plan that provides for the extension of municipal services to the area to be annexed; and WHEREAS, state law provides that the City should conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City Council declares its intent to begin the process of annexing the territory identified in Exhibit "A" and depicted on the location map in Exhibit "B" attached hereto and incorporated herein, consisting of approximately 4.08 acres lying adjacent to the City of Corpus Christi, Texas into the territorial limits of Corpus Christi, Texas. 2. In accordance with Texas Local Government Code section 43.065, the City Council directs the staff to prepare a service plan that provides for the extension of municipal services to the annexation area. 3. In accordance with Texas Local Government Code section 43.063, the City Council hereby schedules two public hearings on this annexation on August 25, 2015 and September 8, 2015 during a regular City Council meeting beginning at 11:30 a.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. 4. If more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the City Secretary within 10 days of the publication of the notice, then the City Manager is authorized and directed to reschedule at least one of the hearings to a suitable site, if available, in the area proposed for annexation. 5. The provisions of this resolution shall become effective immediately upon final passage and approved by the City Council. Attest: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary NELDA MARTINEZ, MAYOR 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 Exhibit A — Property Table Nueces County Ag, Timber Appraisal Dist. or Wild Life Category Tax Id # Tracts Owner Acreage NCAD Value Exemption Improvemenl Ind. Dist. 1 0266-0000-0105 Tract 1 ABTEX Brinkerhoff Oil Co 1.09 19,710 No Vacant Ind. Dist. 1 3875-0000-0273 Tract 2 Coastal States Petroleum C 0.96 121,403 No Ind. Building Ind. Dist. 1 3875-0000-0273 Tract 3 Coastal States Petroleum C 0.58 73,347 No Gas Tank Ind. Dist. 1 3875-0000-0276 Tract 4 Coastal Liquids Partners LP 0.10 11,863 No Gas Tank Ind. Dist. 1 3875-0000-0277 Tract 5 Coastal Liquids Partners LP 0.92 115,000 No Ind. Building Ind. Dist. 1 5933-0003-0078 Tract 6 Exxon Pipeline Co 0.18 8,138 No Ind. Building Ind. Dist. 1 5933-0003-0079 Tract 7 Koch Gathering Sys Inc 0.25 8,174 No Vacant 4.08 357,635 Note: Coastal States properties, NCAD have one Tax Id. for two tracts therefore values for each tract are estimated by Developm ent Services. Exhibit B - MAP 0 JOE FULTON INTL TRADE COR W U Q Q FX 00 INDUSTRIAL DISTRICT NO. 1 7f• INSIDE CITY LIMITS (I 02 u �® .u.' 0 [p U ON tOOMNNV 3 N ❑2J NV`»IOW 0NV?I J U o �w o a o u c 9SE HS ON S10f1002Jd NNO0 Industrial District Annexations Annexation Schedule 7-14-2015 — Future Item on City Council Agenda 7-21-2015 — City Council Annexation Resolution 7-24-2015 — Letter to Property Owners 8-25-2015 — 1st City Council Public Hearing 9-08-2015 — 2nd City Council Public Hearing 8-26-2015 — Planning Commission Public Hearing on zoning 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-13-2015 — City Council Public Hearing and 1st Reading on zoning 10-20-2015 — City Council 2nd Reading on zoning Industrial District No. 1 Annexation (7 Tracts, 4.08 acres) Proposed Resolution to Initiate Annexation City Council Meeting July 14, 2015 Aerial Overview TRACT 1 1.49 ACRES DCRY EII g LIMITS I ICL INDUSTRIAL DISTRICT NO. 1 INSIDE LIMITS (ICL) ‘D' (IC L) G TRACT 4 .10 ACRES TRACT 2 6. 3 1 55 ACRES JOE NUDE AEDE COP TRACT 6 .18 ACRES ) TRACT 5 .92 ACRES RACT 7 IX Leovuwu .25 ACRES Legend 201,AnneAtOn 969990699 Industrial District No. 1 7 Tracts, 4.08 acres t N 2 Background • Industrial District Properties • Oct 2013 — Council Approved Industrial District Agreement. • Agreements needed signatures by Jan 2015. • Extensive communication and efforts to accommodate. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda 7-21-2015 — City Council Annexation Resolution 7-24-2015 — Letter to Property Owners 8- 25-2015 — 1st City Council Public Hearing 8-26-2015 — Planning Commission Public Hearing on Zoning 9-08-2015 — 2nd City Council Public Hearing 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-13-2015 — City Council Public Hearing and 1st Reading on zoning 10-20-2015 — City Council 2nd Reading on zoning Aerial — Industrial District Tracts Location Map Tract 1: ABTEX, 1.09 acres northeast of the Veterans Cemetery Company Defunct, Taxes Delinquent Tract 2: Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd. Prefers Annexation N Aerial — Industrial District Tracts Tract 3: Coastal States Petroleum, 0.58 acres acres northeast of Up River Road and Navigation Blvd. Prefers Annexation Tract 4: Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership N Aerial — Industrial District Tracts Tract 5: Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership Tract 6: Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads Prefers Annexation N Aerial — Industrial District Tracts Tract 7: Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6 Prefers Annexation t N Questions? Proposed Resolution to Initiate Annexation AGENDA MEMORANDUM Future item for the City Council Meeting of July 14, 2015 Action item for the City Council Meeting of July 21, 2015 DATE: July 2, 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 Interlocal Agreement County Road 52 Motion authorizing the City Manager, or designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County in an amount up to $2,000,000 for the County Road 52 Extension Phase 2 project for project -related activities. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with Nueces County for the County Road 52 Extension project. BACKGROUND AND FINDINGS: This is a joint city/county project to extend County Road 52 from County Road 69 to FM 1889. The new roadway consists of a 2 -lane section with 12 -foot travel lanes and new striping and markings. Design and construction will be executed by the county with a monthly reimbursement from the city in an amount not to exceed $2,000,000. This project also requires land acquisition of two tracts of land that the City will be responsible for acquiring and will be deducted from the $2,000,000. This project was originally approved in the November 2012 General Obligation Bond Election under Proposition Eight Economic Development Projects. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@08061 D53\@BCL@08061 D53.DOCX 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 Interlocal Cooperation Agreements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $217,596.54 $2,282,403.46 $2,500,000.00 Encumbered / Expended Amount 217,596.54 217,596.54 This item 2,000,000.00 2,000,000.00 Future Anticipated Expenditures This Project BALANCE 0 $282,403.46 $282,403.46 Fund(s): Street CIP #42 Comments: This item was presented to the Nueces County Court Commissioners on June 24, 2012 and was unanimously approved for a joint expenditure by the County for up to $2,000,000. RECOMMENDATION: City staff recommends the approval of the Interlocal Agreement with Nueces County for design and construction of County Road 52 Extension Phase 2. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Location Map Presentation C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@08061 D53\@BCL@08061 D53.DOCX Zo isoiEl COUNTY ROAD 52 EXTENSION PHASE 2 PROJECT INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & NUECES COUNTY THE STATE OF TEXAS § COUNTY OF NUECES § THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a Texas municipal corporation and home -rule city, acting by and through its duly authorized City Manager or designee upon authority of its governing body, the Corpus Christi City Council and NUECES COUNTY, TEXAS ("County"), acting by and through its duly authorized County Judge or designee upon authority of its governing body, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and in accordance with the provisions of Chapter 791, as amended, Texas Government Code. WITNESSETH WHEREAS, for the mutual benefit of the parties and the residents of the City and County, the City and County desire to fund and provide for the extension of CR52 from County Road 69 to FM 1889 ("Project"); and WHEREAS, Texas Government Code Section 791.028 authorizes the City and County to enter into this Agreement; and WHEREAS, in 2012, the City called an election to finance certain improvements and development projects to be financed by general obligation bonds the repayment of which are payable from and secured by the annual levy and collection within the legal limits permitted by law of the City's ad valorem tax ("Bond 2012"); and WHEREAS, the Corpus Christi City Council ("Council") adopted Ordinance 029589 consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which proposition eight ("Proposition 8"), relating to economic development projects, was successful; and WHEREAS, Proposition 8 gives the City the ability to expend certain Bond 2012 proceeds for particular capital projects, including "designing, constructing, renovating, improving, and equipping City streets, sidewalks, and related facilities that are expected to promote and expand business activities in the City"; and WHEREAS, Proposition 8 gives priority to, among other economic development projects, County Road 52 Extension, generally from County Road 69 to FM 1889 (contingent upon receipt of leveraging funds) ("CR 52 Extension Phase 2" or "Phase 2" or "the Project"); and WHEREAS, the City may therefore provide financial contribution and assistance for Phase 2 for the economic development purposes stated under Proposition 8 of Bond 2012; WHEREAS, the County will perform, or cause to be performed, the Project activities, including planning and alignment, design, land acquisition. construction and maintenance therefore; and 1 of 6 WHEREAS, the parties acknowledge and agree that the City may, at the County's request, assist the County in preparing documents and communications for the County and provide right-of-way service to the County, and that the County will be responsible for performing, or causing to be performed, the following Project -related activities with the assistance of the City upon request of the County: (a) negotiate with Nueces Electric Cooperative ("NEC") and all other owners of property within the planned Project limits; (b) determine what amounts to offer NEC and each of the other property owners as just compensation; (c) determine whether to acquire a right-of-way easement from NEC and each of the other property owners, or to determine whether it is in the best interest of the County to instead acquire a fee simple interest; (d) execute real estate agreements, sales contracts, easements, and property instruments; (e) acquire property interests in its own name; (f) accept the property interests in the name of the County; and (h) maintain the property interests and the CR 52 Extension Phase 2 Road ("Roadway"); and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the City and the County do agree as follows: AGREEMENT SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to outline the terms by which each party will contribute to the Project. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to contribute to the Project costs necessary to facilitate the construction of improvements to renovate, extend and expand CR 52 from County Road 69 to FM 1889 (heretofore defined as the "Project," also referred to herein as the "Work"). The Project limits are shown in the attached Exhibit "A." a) Funding. City and County agree to contribute up to $2,000,000 each for costs associated with the Project ("Project Funds"), including but not limited to engineering services to design and prepare construction plans, easements, property and land acquisition, construction costs, drainage adjustments, utility relocation, storm water improvements, legal expenses, advertising, printing, and miscellaneous expenses. i. If construction bids exceed the total amounts anticipated to be paid for construction by the parties under this Agreement, based upon the engineers cost projection the County may, in its discretion, opt to reject all construction bids, re -scope and re -bid the Project. ii. The City has incurred certain Project costs in the amount of $272.630.79 (as shown in the attached Exhibit B). Therefore, the City will deduct an amount of 3272.630.79 from the maximum amount of $2,000,000 that it will contribute under this Agreement, for a total remaining balance of $1.727.369.21 subject to any deduction as set out in (c) herein ("City's Remaining Project Fund Balance" or "City's RPFB"). 2 of 6 iii. It is mutually agreed that the total Project costs under this Agreement will not exceed $4,000,000. As this "Phase 2 portion" of County Road 52 lies solely within the jurisdiction of Nueces County, the parties acknowledge that the County may decide to increase its funding to fund further improvement to this Phase 2 portion of County Road 52, however any such increased funding of the County will not be considered part of this Agreement, and such increase will not require any commitment of matching funds by the City. iv. The parties agree to be responsible and prudent with the Project Funds. Except as otherwise provided in this Agreement, before entering into any agreement for the Project, whether verbal or written, the parties agree to fully negotiate to the extent allowed under law all fees with potential service providers, and, where applicable, to make a good faith effort to either require a potential service provider to reduce its fees, or to require a re -scoping of the Work necessary to reduce costs, so that Project Funds are used responsibly to pay for fees, prices and expenses considered fair and reasonable fees or prices for those services when compared to fees and prices for the same or similar work in the engineering field or construction industry of Nueces County, Texas. No Project Funds may be expended for any Project costs or services, including services for engineering, construction, construction management, observation or inspection services, without complying with this section. b) Payments. The City will reimburse the County for half of the Project expenses incurred by the County up to an amount equal to the City's RPFB, upon receipt of paid invoices, itemized and accompanied by supporting documentation. Nothing in this Agreement may be construed to require or cause either the City or the County to pay an amount exceeding $2,000,000.00 for the Project. c) Property & Land Acquisition. The County agrees to acquire or have acquired any construction easements, rights-of-way, and utility easements that may be necessary for Project, and to conduct or have conducted proceedings, if any, to condemn by use of the power of eminent domain. The County agrees to acquire the necessary property rights in the name of the County. The City has assisted and will continue to assist the County with Property and Land Acquisition by providing certain land acquisition/right-of-way services. At County's direction the City is acquiring the necessary property rights in the City's name and will transfer the acquired property rights to the County. The County must agree to the specific land acquisition and amount of any expenditure for the land acquisition. Land acquisition expenditures incurred by the City will be deducted from the City's RPFB. d) Design and Installation of Roadway. The road is to be a County Road and subject to the County's standards, therefore the County has decided and the City acknowledges that the Roadway will be built to the same standards and specifications as that portion of roadway or "the NEC driveway" built by NEC, found within Project limits. e) Maintenance. As long as it remains a county road, County will maintain the roadway constructed under this Phase 2 and any other improvements. This paragraph will survive expiration of this Agreement. f) Payment Dates. The County will provide the City with the necessary invoices on a monthly basis in accordance with this Agreement. The City will provide reimbursement or payment pursuant to the terms of this Agreement for necessary Project costs within 30 days from the date of receipt of the County's invoice submittal. g) Contract Management and Administration. Testing. County will be responsible for all planning, design and construction activities, including all contract administration for the Project. County will provide construction observation, management and inspection services and provide, through an independent third party provider, the necessary geotechnical services, engineering materials inspection, testing and laboratory services. The cost of contract management and administration and testing as set out in this paragraph will be paid by Project Funds. The City will have neither first nor prior approval rights of decisions related to Contract Management and Administration, Testing. h) Change Orders. The County will negotiate, approve, and execute all Change Orders as part of contract management and administration. The City will have neither first nor prior approval rights of a Change Order. 1) Project Plans, Specifications, and Cost Estimates. The County will procure and approve the Project Plans, Specifications, and Cost Estimates, as well as advertise and proceed to solicit bids for the construction of the Work. The City will have neither first nor prior approval rights of the Project Plans, Specifications, or Cost Estimates. SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be from the date signed and authorized by the parties until the County's final acceptance of the Work or City's last payment up to $2,000,000, whichever occurs later. This Agreement may be extended upon written agreement of the parties. SECTION 4. MISCELLANEOUS. a) Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code, or any other manner permitted by law, as permitted by and in accordance with Section 791.028, as amended, Texas Government Code. b) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. c) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies -the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. 4 of 6 d) Written Amendment. This Agreement may be amended only by written instrument duly executed on behalf of each party. The authorized representatives may execute minor amendments without obtaining prior approval from their respective governing bodies if the minor amendment would change neither the amounts nor the responsibilities agreed to by either party under this original Agreement. e) Notices. All notices required or permitted must be in writing and will be deemed delivered when actually received or, if earlier, on the fifth business day (5th) following deposit in a United States Postal Service post office or receptacle with proper postage affixed, certified mail, return receipt requested, addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: CITY City of Corpus Christi Attn: Director, Engineering Services 1201 Leopard St., 3rd floor Corpus Christi, Texas 78401 w/ copy to: Gustavo Gonzalez, P.E. Assistant City Manager PO Box 1541 /1201 Leopard, 5"' Floor Corpus Christi, Texas 78401 COUNTY Nueces County Attn: County Engineer 901 Leopard St. Corpus Christi, Texas 78401 w/ copy to: Samuel L. Neal, Jr. County Judge 901 Leopard Room 303 Corpus Christi, Texas 78401 f) Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. g) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City of Corpus Christi, or any officer, agent or employee of the City, or any County Commissioner, officer, agent or employee of the County. h) No Waiver of Immunity. No party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents and representatives as a result of its executing this Agreement and performance of its covenants. 1) No Third Party Beneficiaries. No provision of this Agreement is intended or may be construed to confer upon or give to any person or entity other than the signatories to this Agreement any rights, remedies or other benefits under or by reason of this Agreement. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. 5 of 6 CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS Gustavo Gonzalez, P.E. Date ammuel L. Neal, Jr. %%' Date Assistant City Manager Public Works & Utilities County Judge ATTEST: 44/ A4 -c LI) (461421-iik Rebecca Huerta Date Kra Sands Dat City Secretary Approved as to form(P '211-15 11111/(..- Assistant iAssistant City Attorney For City Attorney County Clerk County Road 52 - Phase 2 Exhibit A Exhibit 8 to Interlocal with City and County for CR 52, Phase 2 COUNTY ROAD 52, PHASE 2 Revised Expenses as of June 8, 2015 Expenses to Date (Includes ACTUALS TO DATE: Encumbrances) * Engineering Services 259,349.86 Land Acquisition Services 12,857.35 Advertising and Printing 423.58 TOTAL: 272,630.79 * Engineering Services Charges: Naismith AIE Agreement (executed March 26, 2013) 241,692.50 Kleinfelder Central Inc. (executed May 15, 2013) 9,000.00 Engineering Services reimbursements 8,657.36 259, 349.86 2406 .1° 6'_ clop PHASE 11 0) 03 03 i PHASE 1 CR 52 LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT: E12136 County Road 52 Extension (CR 69 to FM 1889 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 010 Corpus Chr sti Capital Programs County Road 52 BOND 2012 Council Presentation July 14, 2015 Project Scope Corpus Chr sti Capital Programs Project includes: • Design and construct a rural roadway from CR 69 to FM 1889, to County standards • 2 - 12' travel lanes with continuous center turning lane, with no bike lanes • Storm Water and Water lines construction • Hydrants and erosion control • Pavement markings and signage • No curb and Gutter • No Sidewalk 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 21, 2015 Second Reading for the City Council Meeting of July 28, 2015 DATE: June 24, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager or designee, to execute a Revocable Surface Easement Abandonment Agreement ("Agreement") with Avinash C. Ahuja and Peggy B. Ahuja ("Owners") to construct and maintain a brick wall, within the Ocean Way public street right-of-way. CAPTION: Ordinance authorizing the City Manager or designee, to execute a Revocable Surface Easement Abandonment Agreement ("Agreement") with Avinash C. Ahuja and Peggy B. Ahuja ("Owners"), to construct and maintain a masonry brick wall, extending approximately 50 -square feet into the public right-of-way while occupying an additional 138 -square feet of public right-of-way (approximately 188 total square feet), subject to Owners' compliance with specified conditions. PURPOSE: The purpose of the Agreement is to allow the Owners the ability to construct and maintain a brick wall, in an unneeded portion of the present Ocean Way public street right-of-way. BACKGROUND AND FINDINGS: Owners desire to construct and maintain a masonry brick wall, extending approximately 50 -square feet into the public right-of-way while occupying an additional 138 -square feet of public right-of-way (approximately 188 total square feet) of the present Ocean Way public street right-of-way. Staff recommends that the Owners pay a one-time surface easement abandonment agreement fee of $3,215.00 for the use of the construction of a masonry brick wall (approximately 50 -square feet into the public right-of-way while occupying an additional 138 -square feet of public right-of-way (approximately 188 total square feet) into the existing Ocean Way public street right-of-way, prior to the Agreement request going to City Council. ALTERNATIVES: Deny the Agreement request. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Agreement, provided the applicant meets the specified conditions set out in the Agreement. 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 $3,215.00 One-time payment of $3,215.00 $3,215.00 BALANCE $3,215.00 $3,215.00 $3,215.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization to use the public right-of-way to place and maintain the brick wall, the Owners agrees to provide the City with a one- time payment fee of $3,215.00. b. All costs incurred to maintain, repair, or remove the brick wall is the responsibility of the Owners. LIST OF SUPPORTING DOCUMENTS: Ordinance with Revocable Agreement attached Ordinance authorizing the City Manager or designee, to execute a Revocable Surface Easement Abandonment Agreement ("Agreement")with Avinash C. Ahuja and Peggy B. Ahuja ("Owners"), to construct and maintain a masonry brick wall, extending approximately 50 -square feet into the public right-of-way while occupying an additional 138 -square feet of public right-of-way (approximately 188 total square feet) of the present Ocean Way public street right-of-way, subject to Owners' compliance with specified conditions. WHEREAS, Avinash C. Ahuja and Peggy B. Ahuja ("Owners,"), desire to construct and maintain a brick wall, within the present Ocean Way public street right-of-way; WHEREAS, the Owners have requested, and the City of Corpus Christi ("City") desires to grant a Revocable Surface Easement Abandonment Agreement ("Agreement"), with a one-time payment fee, in order to accomplish the purpose and use intended of the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Owners, subject to the Owners' compliance with the specified provisions of the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a Revocable Surface Easement Abandonment Agreement ("Agreement"), one- time payment fee, with Avinash C. Ahuja and Peggy B. Ahuja ("Owners") to construct and maintain a brick wall, within the Ocean Way public street right-of-way, such Agreement at all times subject to the Owners' compliance with the conditions specified in the attached Agreement, the terms and content of which are incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Owners' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization to use the public right-of-way to place and maintain the brick wall, the Owners agrees to provide the City with a one- time payment fee of $3,215.00. b. All costs incurred to maintain, repair, or remove the brick wall is the responsibility of the Owners. Page 1 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 REVOCABLE SURFACE EASEMENT ABANDONMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § The City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, Ron L. Olson, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of Three Thousand Two Hundred and Fifteen Dollars ($3,215.00) by Avinash C. Ahuja and Peggy B. Ahuja ("Owners"), the owners of the property located at 101 Ocean Way, Corpus Christi, Nueces County, Texas, 78411, more particularly described on Exhibit A attached (the "Property"), the receipt of which is acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto said Owners, a revocable surface easement abandonment solely to the extent necessary to construct and maintain a masonry brick wall, extending from the Property approximately 50 -feet into the adjacent Ocean Way public right-of-way occupying an additional 138 -square feet of public right-of-way (188 total square feet) (the "Improvements") as shown on the attached Exhibit B. TO HAVE AND TO HOLD the same unto Owners, their heirs and assigns as owners of the Property, together with the right under these conditions at any time to enter upon the above described right-of-way to maintain the Improvements, and it is further understood that this surface easement abandonment is granted subject to the retention of underground public utility easement rights and Owner's compliance with the following conditions: A. This Revocable Surface Easement Abandonment Agreement ("Agreement") may be revoked at any time upon the giving of 180 days' notice in writing by the City of Corpus Christi's City Manager, or designee ("City Manager") in the event that the public right of way occupied by the Improvements is needed for public purposes. Owners agree to remove all of the Improvements during such notice period. B. OWNERS COVENANT 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 AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY Page 1 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way MANNER CONNECTED WITH THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNERS SHALL HAVE THE RIGHT AND DUTY, AT THEIR OWN EXPENSE, TO INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. C. Prior to the commencement of construction of any of the Improvements, Owners must acquire and maintain liability insurance pertaining to the Improvements and the activities related to the Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit C and maintain such policies in effect during the period of the initial construction of the Improvements and during any subsequent periods of construction activity. The liability policy must name the City as an additional insured. Upon City Manager's written request, Owners shall provide copies of all insurance policies to the City Attorney. Such policies may not be canceled, renewed, or materially changed without 10 days advance written notice to the City's Asst. City Manager of Development Services, or designee ("Director of Development Services"). D. Owners shall require their contractor and each subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit C and require its contractor and each subcontractor to indemnify the City, its officers, employees, and agents in the same manner that Owners has provided indemnification to the City, prior to the start of construction. E. Owner's use of the Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of any existing or future proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently located in said rights-of-way) needs access to the rights-of-way, Owners must pay for removing or relocating the Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owners must repair the Improvements to their original condition or remove the Improvements at which time this Agreement terminates immediately. Page 2 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way F. Owners must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain the Improvements until the Owners or their contractor has filed an approved traffic control plan with City's Traffic Engineering Office. G. Owners must maintain the Improvements and keep them in good repair at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Owners. Failure to do so may result in termination of this Agreement. H. Owners must comply with all applicable Federal, State, and local laws and regulations, as may be amended. This Agreement shall inure to the benefit of the Property, and the rights hereunder shall run with the land and not be separable from ownership of the Property. J. Owners must submit a set of construction drawings to the City's Major Project Engineer for any proposed work two weeks prior to onset of construction. The drawings must show depth and location of the proposed construction and distance from the existing water, storm water, waste water and gas lines. K. Owners or their contractor, at least 48 hours prior to beginning any approved construction, shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Owners or their contractor shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm Water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location L. Owners or their contractor must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. Page 3 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way M. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Owners within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). N. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $310.35 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the Improvements pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $58.18 an hour. Owners must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on October 1 to reflect any pay increase. O. Owners must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. P. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Owners at their expense within 30 days after being notified of damage to same. Q. Owners must not store or leave any equipment or material in City right-of-way overnight. The Owners' contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. R. Public right-of-way outside the area of the Improvements shall be maintained clear of any and all obstructions, including posts, support columns, and private light pole fixtures, etc. S. 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 signatures. T. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: Page 4 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way If to Owners: Avinash C. Ahuja and Peggy B. Ahuja ("Owners") 101 Ocean Way Corpus Christi, TX 78411 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. U. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. V. The Owners further agree, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit D. Completed versions of Exhibit D by the Owners form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. W. This instrument, including exhibits, constitutes the entire agreement between the City and the Owners, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Owners and approved as required by City law. NOTE: All references herein to Owners include Owners' contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2015. Page 5 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Daniel M. Grimsbo, P.E. Director, Development Services Department APPROVED AS TO LEGAL FORM: day of , 2015 By: Julian Grant, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Daniel M. Grimsbo, P.E., as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas Page 6 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way The above Revocable Surface Easement Abandonment is hereby accepted this the day of , 2015, by Avinash C. Ahuia and Peggy B. Ahuia , Owners of the Property at 101 Ocean Way, said Owners agree to keep and perform the conditions imposed by said Agreement and that they are bound by all of the terms of same. Avinash C. Ahuja Peggy B. Ahuja THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2015, by Avinash C. Ahuja and Peggy B. Ahuja. Notary Public, State of Texas Printed Name: Expiration Date: Page 7 of 7 Revocable Surface Easement Abandonment Agreement 101 Ocean Way EXHIBIT A Lot Seven (7), Alta Vista Heights, a subdivision in Corpus Christi, Nueces County, Texas CD CDW 0 0 0 0 z 52723'20"E 100.1' l.25 PVC Bea —Sbp Top of 6. PM: Pipe PROPOSED WALL LOCATION. APPROXIMATE DIMENSIONS: H=4' BRICK, 3' IRON ON TOP (7' TOTAL) L=46' W=1'=46 SF (23 Sf on either side) 22.t • II b 20. 25. ADDmONAL 138 SF ROW AREA= 0=180'00'00" R=50.00' L=157.08' pm • 1 V EM.m26.78 FL 2D'5tTO— — ST 31-0 STO Mg 0"""101 O N29'581301'W 86.40' LOT 5 Lord LIB* Polo 3) Sanitary Scor Man ® Slam Sawa Manhole aannnnl O Electric, Mater E0 Mate. Mater N Water Valls —x— CBa90* Eaves —ii— Wood Paws EXIST. 20" RCP STOsO ST 129'58'30"W 86.40' LOT 2 1• EXHIBIT B REVOCABLE SURFACE EASEMENT ABANDONMENT 101 OCEAN WAY 0 0 D URBAI' ENGINEERIN TBPE FIRM N0. 145, TBPLS FIRM NO. 10032400 2725 MOWER DR, CORPUS CHRISTI, TX 78404 PHONE 361.854.3101 NWN.URBANENO.COM l DATE: JULY 8, 2015 SCALE: 1"=40' JOB NO.: 41658.B3.00 SHEET: 1 OF 1 DRAWN BY: SB 0 2015 by Urban En . ineering EXHIBIT C INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all Insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non-renewal,Bodily material change or termination and a 10 day written notice of cancellation for non-payment of premium is required on all certificates Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises – Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY—OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. UPA ins. req. 8-11-05 ep Risk Mgmt. II. ADDITIONAL REQUIREMENTS A. Permittee 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. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations". At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination and a 10—day written notice of cancellation for non-payment of premium is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.6 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. UPA ins. req. Risk Mgmt. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: CITY: FIRM IS: 1. Corporation 4. Association STREET ADDRESS: STATE: ZIP: 2. 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. r,p 1. State the names of each "employee" of the City of Cous 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 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)] EXHIBIT D CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT D Location Map REVOCABLE SURFACE EASEMENT ABANDONMENT AGREEMENT Revocable Surface Easement Abandonment Agreement Vicinity Map A 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 21, 2015 Action Item for the City Council Meeting of July 28, 2015 DATE: July 21, 2015 TO: 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 Supply Agreements for Food Items CAPTION: Motion authorizing the City Manager or designee to execute supply agreements with the following companies in the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-4 for food items, for an estimated six-month expenditure of $225,067.49, of which $75,022.49 is required for the remainder of FY 2014-2015. The terms of the contracts shall be for six months. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 140 Line Items $97,747.03 Performance Food Group Victoria, Texas 142 Line Items $127,320.46 Grand Total: $225,067.49 PURPOSE: The food items will be used by Senior Community Services for the Elderly Nutrition Program. The items include canned and frozen fruit and vegetables, meats, and condiments. The food is prepared at the Senior Community Service Kitchen, served at the Senior Citizen Centers, and also delivered to households throughout the City. Approximately 81,250 meals will be prepared and served over the six-month contract period. BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. This award is a cooperative effort between the City of Corpus Christi and the following members of the Coastal Bend Council of Governments: Community Action Corporation of South Texas, Nueces County Senior Community Services, Refugio County Elderly Services, Bee Community Action Agency, Aransas County Council on Aging, Kleberg County Human Services, Duval County Elderly Program, and Live Oak County Elderly Program. ALTERNATIVES: The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid requirements. 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 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 $1,060,596.00 $150,045.00 $1,210,641.00 Encumbered / Expended Amount $791,905.40 $0 $791,905.40 This item $75,022.49 $150,045.00 $225,067.49 BALANCE $193,668.11 $193,668.11 Fund(s): Parks and Recreation Grants. Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Summary COASTAL BEND COUNCIL OF GOVERNMENTS BID INVITATION NO. CBCOG-15-4 STAPLES, MEAT, & OTHER FROZEN FOODS FOR SENIOR COMMUNITY SERVICES Award Summary LABATT FOOD SERVICE Corpus Christi, Texas One hundred and fourty (140) line items consisting of canned fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soups & bases, spices, starches & pasta, sugar & products, miscellaneous, beef, pork, poultry, frozen, breads, and dairy. PERFORMANCE FOOD GROUP Victoria, Texas One hundred and fourty two (142) line items consisting of canned fruit, dried fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, soups & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen, breads, frozen meals, and dairy. $97,747.03 $127,320.46 Grand Total: $225,067.49 AGENDA MEMORANDUM Future item for the City Council Meeting of July 21, 2015 Action item for the City Council Meeting of July 28, 2015 DATE: TO: July 1,2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Daniel McGinn, Assistant Director, Environmental and Strategic Initiatives DanielMc@cctexas.com (361) 826-3245 Interlocal Agreement Texas Water Development Board CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Water Development Board in the amount of $43,518 for a volumetric survey of Lake Corpus Christi Reservoir. PURPOSE: The purpose of this agenda item is to obtain authority to execute an agreement for a volumetric survey of Lake Corpus Christi Reservoir. BACKGROUND AND FINDINGS: The Lake Corpus Christi (Lake) is owned and operated by the City of Corpus Christi for municipal water supply purposes. Accurate surveys to determine water volume are necessary to estimate the quantity of water available for purposes such as long-term planning, drought management, and environmental flows operations. Reservoir water volume will change due to sedimentation from large inflow events. The last survey by the Texas Water Development Board (TWDB) was done in 2012. However, the surface elevation at the time was so low that only half of the surface area of the reservoir could be surveyed. Because of this, the TWDB recommended performing an additional survey when the reservoir filled to capacity. This survey will collect the necessary data to develop an updated elevation -area -capacity table for public and regulatory use. ALTERNATIVES: 1. Authorize the execution of the agreement. 2. Do not authorize the execution of the agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $46,129.00 $46,129.00 Encumbered / Expended Amount This Item $43,518.00 $43,518.00 Future Anticipated Expenditures This Project $2,611.00 $2,611.00 BALANCE $0.00 $0.00 Fund(s): Water Supply CIP #6 Comments: This project requires approximately forty-five days with anticipated completion in October 2015. RECOMMENDATION: City Staff recommends approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Interlocal Agreement Resolution Presentation PROJECT BUDGET Texas Water Development Board Interlocal Agreement for Lake Survey PROJECT FUNDS AVAILABLE: Water Supply $46,129 Fees: Engineer (TWDB) 43,518 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 762 Engineering Services (Project Mgmt) 1,523 Misc 326 TOTAL $46,129 ESTIMATED PROJECT BUDGET BALANCE $0 LAKE ORPUS CHRISTI NUECES BAY CORPUS CHRISTI BA 'a LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT: E15148 Interlocal Agreement with the Texas Water Development Board CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 TWDB Contract No. 1548011865 INTERLOCAL COOPERATION AGREEMENT CONTRACT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF CORPUS CHRISTI REGARDING VOLUMETRIC SURVEY OF LAKE CORPUS CHRISTI RESERVOIR This Interlocal Cooperation Agreement Contract ("Agreement") is made by and between the Texas Water Development Board, hereinafter called "TWDB", and the City of Corpus Christi hereinafter called "the CITY" under the authority of Chapter 791, Texas Government Code. ARTICLE I. DESCRIPTION OF SERVICES TO BE PROVIDED The parties hereto agree to the performance of a volumetric survey of Lake Corpus Christi Reservoir, Texas (LAKE). A detailed Scope of Services, incorporated into this Agreement as Attachment A, shall provide the substantive basis for definition of the conduct of the technical work, reporting, and coordination requirements of this Agreement. ARTICLE II. RESPONSIBILITIES OF TWDB TWDB will furnish all necessary equipment and personnel with professional classification, skill, and expertise required to perform the tasks set forth in this Agreement. TWDB shall designate an authorized representative to direct the field and office work pertaining to the volumetric survey performed under this Agreement. TWDB will initially pay all expenses incurred by TWDB in the performance of the Scope of Services incorporated as Attachment A. This Agreement shall not be construed as creating any debt by or on behalf of the State of Texas, and for TWDB; any obligations are subject to the availability of funds. ARTICLE III. RESPONSIBILITIES OF THE CITY The CITY shall provide TWDB with, to the best of its knowledge, an overview of the lake conditions as they may affect the conduct of the survey, including such possible situations as extreme current conditions, impediments to navigation, or other potentially hazardous conditions. The CITY shall provide TWDB with an authorized contact person, on call during the survey, to facilitate the access to public and private property as may be needed to conduct the volumetric survey in an expeditious manner. TWDB Contract No. 1548011865 Section I, Page 1 of 5 The CITY, as outlined in Attachment A, shall provide a secure, locked enclosure for storage of TWDB equipment and survey vessels during the survey should the field survey activities extend beyond one working day at the reservoir site. Such enclosure should be relatively proximate to the location of work activities and 'ready access should be provided TWDB staff. This Agreement shall not be construed as creating any debt by or on behalf of the CITY. Payments by the CITY under this Agreement are subject to the availability of funds and must be made from current revenues available to the CITY. ARTICLE IV. COMPENSATION TWDB agrees to perform the tasks prescribed by this Agreement in consideration for an amount not to exceed $43,518.00 to be paid by the CITY, as conditioned by the terms of the Scope of Services incorporated into this Agreement as Attachment A. TWDB will invoice for 75% of the cost of the survey upon completion of the field work. The remaining 25% of the cost of the survey will be invoiced upon completion of the volumetric survey report. The total cost of the survey and report shall not exceed $43,518.00. The CITY will provide payment to the TWDB for cost incurred associated with performance of the survey as defined Attachment A, Scope of Services, Cost Estimate within forty-five (45) days from receipt of the TWDB's respective invoices, unless such invoices are not approved. If an invoice is not approved, it shall be returned by the CITY to the TWDB within 15 days with a written explanation of why it was not approved. ARTICLE V. TIME OF PERFORMANCE This Agreement is valid upon execution by both parties. The field survey performed under this Agreement will commence on an agreed date with the initial set-up activities necessary prior to actual conduct of the field survey by TWDB staff. TWDB shall make all reasonable efforts to perform the field survey by September 9, 2015, unless conditions of lake pool level, weather, or other conditions beyond the TWDB's control, may delay the field survey work. TWDB may commence the field survey three weeks prior to or following the stated date, with three working days notice to the CITY. Should any rescheduling of the survey be required outside of the period stated above, such schedule will be determined in a mutually satisfactory manner within 60 days of the above stated period of field performance or this Agreement will be terminated. The records and report manuscripts resulting from this Agreement shall be completed and provided to the CITY within eighteen months of completion of field survey efforts. This Agreement shall expire December 1, 2016. TWDB Contract No. 1548011865 Section 1. Page 2 of 5 ARTICLE VL RECORDS AND USE OF INFORMATION Upon request of the CITY, TWDB shall make available to the CITY all records, worksheets, and other evidence directly related to the performance of work under this Agreement. With written agreement of both parties, either party shall have the privilege of publishing the records, reports, and report manuscripts provided that all publications by either party shall contain a statement acknowledging the joint -study efforts of TWDB and the CITY. The CITY without the prior written consent of TWDB may not modify the published report manuscript developed by TWDB under this Agreement. ARTICLE VII. LIABILITIES TWDB shall not assume any liability regarding the presentation or reproduction of this survey information or for the misuse of this information in a manner not consistent with the survey design; for example, maps produced from this volumetric survey are not intended for use as recreational boating maps or for lake boundary determinations. Any published use of data, developed as a product of this Agreement, should contain an adequate and prominent statement referencing the survey intent and proper use of the information. ARTICLE VIII. AMENDMENTS It is agreed that, without invalidating this Agreement, upon the advance written agreement of each party, this Agreement may be altered or amended to include additional work to be performed or to change the scheduled period of fieldwork, and to adjust the consideration to be paid hereunder by virtue of such alterations or amendments by formal written amendment. ARTICLE IX. SEVERANCE PROVISIONS Should any one or more provisions of this Agreement be held to be null, void, voidable, or any reason whatsoever of no force and effect, such provision(s) shall be construed as severable from the remainder of this Agreement and shall not affect the validity of all other provisions of this Agreement which shall remain in full force and effect. ARTICLE X. TERMINATION The Agreement shall terminate upon the earlier of the completion of the Scope of Services, incorporated as Attachment A or December 1, 2016, unless extended by written agreement pursuant to Article VIII of this Agreement. This Agreement may be terminated prior to full performance only by 30 days written notification by either party of this Agreement, and in all cases, the non -terminating party shall be afforded an opportunity for consultation with the terminating party prior to termination. In the event of breach of performance, either party may TWDB Contract No. 1548011865 Section 1. Page 3 of 5 terminate this Agreement by giving written notice to the other party at least one (1) week prior to the date of termination. ARTICLE XI. CORRESPONDENCE All correspondence between the parties shall be made to the following addresses: For TWDB: For the CITY: Jason J. Kemp Team Lead, Hydrographic Survey Texas Water Development Board P.O. Box 13231, Capitol Station Austin, Texas 78711-3231 Ronald L. Olson City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 TWDB Contract No. 1548011865 Section 1, Page 4 of 5 IN WITNESS WHEREOF. the parties have caused this Interlocal Cooperation Agreement Contract to be duly EXECUTED in three (3) counterparts. each of which is deemed to be an original. AGREED: CITY OF CORPUS CHRISTI, TEXAS TEXAS WATER DEVELOPMENT BOARD By: By: 1r' Ronald L. Olson Kevin Patteson City Manager Executive Administrator Date: Date: APPROVED AS TO LEGAL FORM By: Assistant City Attorney for City Attorney Date: ATTEST By: Rebecca Huerta City Secretary Project No: E15148 Accounting Unit: 4088-061 Account: 550950 Activity: E15148014088EXP Account Category: 50950 Fund Name: Water 2012 RVBD 6 TWDB Contract No. 154801 1865 Section 1. Page 5 of ATTACHMENT A SCOPE OF SERVICES INTRODUCTION The Texas Water Development Board (TWDB) proposes to perform a volumetric survey of Lake Corpus Christi Reservoir, Texas (LAKE). The purpose of this survey is to collect bathymetric data to develop an updated elevation -area -capacity table. All maps generated from this survey are related to this purpose, and the TWDB makes no representation or assumes any liability if this information is used for any other purposes, such as boating maps. City of Corpus Christi (CITY) is the ultimate beneficiary of the data to be collected under this study. The Hydrographic Survey Program is a non-profit, user -funded program within the TWDB. It was established to provide essential information at an affordable rate. In an effort to keep costs to a minimum, basic needs were identified and are presented in the Specifications section below. Should the CITY require analysis beyond that identified in the basic contract, information can be provided at an additional cost as identified in the Budget section. LOCATION OF STUDY The LAKE is located in San Patricio, Jim Wells, and Live Oak Counties on the Nueces River (Nueces River Basin), four miles southwest of Mathis, Texas. The CITY owns the water rights. The LAKE is owned and operated by the City. The LAKE has a surface area of 18,700 acres at the current water surface elevation of 94.0 feet (NGVD'29) according to the 2013 TWDB survey. SURVEY PLAN, SPECIFICATIONS, AND ANALYSES Surface acreages will be based on Digital Orthophoto Quadrangles, if available. Positioning on the lake surface will be established utilizing Differential Global Positioning System (DGPS) with an estimated resolution of one meter or better. Survey data will be collected from survey lines designed at no more than 500 feet spacing. These lines will be followed to the.extent possible as permitted by obstructions. Positioning and sounding data will be collected and stored electronically at the rate of one measurement every second. TWDB represents the accuracy of the area where data was collected. The model of the lake bottom is mathematically interpolated between collected points by accepted engineering practices, and is a mathematical estimate of the actual bottom. Analyses of the survey data will include: (1) an elevation -area -capacity table of the lake, acceptable to the Texas Commission on Environmental - Quality, with definition of 0.1 feet; (2) a bottom contour map with definition of 5 feet, depending on legibility; and (3) a shaded relief plot of the lake bottom. The TWDB will provide a copy of the report text and elevation -area -capacity table to the CITY for review and comment prior to preparation of the final report. The CITY must submit written comments on the draft report text and elevation -area -capacity table within 60 days of receipt. If no comments are received by the TWDB within sixty days from receipt the TWDB may finalize the report. The TWDB will address any legitimate questions regarding accuracy in writing within thirty days of receipt, and the TWDB will address the comments in the final report. Three hard copies and one (1) electronic copy of the final report will be provided to the CITY along with the digital data. Additional copies of the reports will be provided at the TWDB Contract No. 1548011865 Attachment A. Page 1 of 3 cost of $50.00 per copy. All data from the survey will be stored for future reference on TWDB computers and backup up on tape, CD or DVD. The elevation -area -capacity table will be delivered as a Microsoft Office Excel spreadsheet. A Triangulated Irregular Network (TIN) Model will be created using a mass points file, from bathymetric data collected during the survey. All vertical data will be adjusted and referenced to lake gage datum (USGS 08210500 Lk Corpus Christi nr Mathis, TX). The horizontal datum will be referenced to NAD83 State Plane, Texas North Central .Zone. These procedures will be described in the final report. SURVEY SCHEDULE The TWDB will schedule the field survey to begin on an agreed date after the contract has been signed and to be completed in 30 — 45 days after commencement. The first day will be spent meeting the CITY representative, visually surveying the lake conditions, and finding and checking the condition of boat ramps. The survey will begin after the completion of these activities. Pool elevation, weather, and condition of equipment are some of the possible factors that could affect the actual time of performing the survey on the scheduled date. The TWDB will contact the CITY, the week prior to the survey to confirm the proposed dates. Confirmation by the CITY's representative will signify the CITY's approval that the survey be conducted at the current lake elevation. If any delays are anticipated, the TWDB will reschedule the survey as soon as possible. The new dates will be determined with the approval of the CITY. ON-SITE STORAGE The CITY shall provide a secure locked enclosure for storage of the survey vessel(s) if the TWDB deems necessary. The secured area may be a fenced enclosure. The enclosed, secured structure will need a vertical clearance of sufficient height to allow storage of the survey vessel(s) on its trailer, or approximately 12 feet. TWDB personnel traveling in marked State vehicles should have unlimited access to the area during the performance of the field survey. COST ESTIMATE a. Survey Cost. Standard charges for the cost of the survey and report are proposed as lump sum fees in accordance with the recorded surface areas and the computed cost shown in paragraph b. below. A contingency fee may be charged for navigational hazards. The total survey cost shall not exceed $43,518.00 b. Hydrographic Survey Program Cost Computation. The Texas Water Development Board computes Standard Charges for Volumetric Surveys utilizing the following formula: Base Rate= -0.0000016 x (Area)2 + 1.15 x (Area) + $20,500.00 (Area is the surface area of the lake at the time of the survey, in acres and Rate is the proposed cost of the survey). The LAKE has a surface area of 18,700 acres at elevation 94.0 feet above msl. The estimated base rate is therefore $41,446.00 The cost of the TWDB Contract No. 1548011865 Attachment A. Page 2 of 3 c. survey and report are proposed as lump sum fees in accordance with the recorded surface areas and the standard rate schedule and represents the typical charges for a "standardized" underwater bathymetric survey for a given size lake and associated reporting of the findings. This standard charge schedule assumes: a surface acreage of the lake at normal pool elevation; an underwater bathymetric (volumetric) survey only; a 500 -foot maximum width between the surveying transects; acceptable weather conditions; no significant surface or sub -surface obstructions to navigation; no unusual owner -induced delays once the field mobilization and survey effort has been initiated; a coordination meeting with the CITY's Representative; and a standard survey report consisting of a description of the lake and previously -known physical and storage conditions, description of the hydrographic survey methodology, narrative and tabular descriptions of the newly surveyed physical parameters of the lake bathymetry and storage capacity, representative cross-sections of the lake survey, a two-dimensional contour map and shaded relief plot of the lake bathymetry, and associated digital files of the survey results. A contingency fee not to exceed 5% of the base rate, $2,072.00, may be charged for navigational obstructions encountered during the field survey. These obstructions such as submerged trees and vegetation, sand bars, marinas, boat docks and piers delay the data collection process. Cost Summary Base rate (18,700 surface -acres) $41,446 Contingency: Navigational obstructions (not to exceed) $2,072 Total $43.518 SUMMARY Based on the above rate schedule, and assuming the lake's surface area at the time of the survey is 18,700 surface acres, the maximum total cost of this survey will be $43,518.00 (including $2,072.00 contingency for navigational obstructions). The final cost analysis will be conducted at the conclusion of the survey. The TWDB shall furnish invoices to the CITY as follows: (1) An invoice for 75% of the cost of the survey upon completion of the data collection and (2) An invoice for the remaining 25% of the cost of the survey upon completion of each lake survey report. TWDB Contract No. 1548011865 Attachment A. Page 3 of 3 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Water Development Board in the amount of $43,518 for a volumetric survey of Lake Corpus Christi Reservoir. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the Texas Water Development Board in the amount of $43,518 for a volumetric survey of Lake Corpus Christi Reservoir. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Corpus Chrsti Capital Programs Interlocal Agreement with Texas Water Development Board Council Presentation July 21, 2015 Project Scope c*. Corpus Chr sti Capital Programs ➢ Volumetric survey of Lake by Differential Global Positioning System (DGPS) ➢ Data analysis including: ✓ An elevation -area -capacity table of the Lake acceptable to TCEQ; ✓ A bottom contour map of the Lake; and ✓ A shaded relief plot of the lake bottom. ➢ Final Survey Report to the City likSurvey Services m j Project Schedule Corpus Chr'sti Capital Programs 2015 Sep Oct Project Estimate: 45 Calendar Days Projected Schedule reflects City Council approval in July 2015 with anticipated completion by October 2015. AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 21, 2015 Regular Agenda Item for the City Council Meeting of July 28, 2015 DATE: TO: July 13, 2015 Ronald L. Olson, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB@cctexas.com (361) 826-3356 Resolution to support Downtown Management District's application for the Texas Historical Commission's Main Street Program. CAPTION: Resolution authorizing participation as a Texas Main Street Urban City and designating city participation. PURPOSE: The purpose of this item is to support the Downtown Management District (DMD) in their application to the Texas Historical Commission's (THC) Main Street Program (TMSP). BACKGROUND AND FINDINGS: The mission of the Texas Main Street Program (TMSP) is "to provide technical expertise, resources and support for Texas communities in the preservation and revitalization of historic downtowns and commercial neighborhood districts in accord with the National Main Street Four Point Approach® of organization, economic restructuring, design and promotion." Each year, the THC selects up to five Texas cities for official Main Street designation. The designation provides access to a statewide and national network and services from the TMSP staff. Designation lasts for five years. Benefits include: • Design services from professionally -trained TMSP staff to help downtown property owners undertake effective rehabilitation, restoration and adaptive re -use projects • As -needed technical consultation with business and property owners on a variety of topics • Individualized, on-site training for Main Street managers, boards and participants • Two Annual Main Street trainings for volunteers or staff • Product development, such as design reports for specific properties, strategic planning reports and other technical reports based upon the community's individual needs • Participation in a Main Street listsery • Technical assistance on resources for funding projects and furthering development • Comprehensive resource reports for new programs to drive a multi-year plan of action • Access to a Main Street -specific pool of improvement funds through the Texas Capital Fund of the Texas Department of Agriculture. Though Corpus Christi has a rich history, there is room for improvement on utilizing and preserving this history to enhance our identity as a community settled in 1852. Participation in the TMSP will support efforts to build on the history of Downtown Corpus Christi. ALTERNATIVES: The alternative was no to support the DMD's Application. OTHER CONSIDERATIONS: For communities over 50,001, TMSP requires two full time positions, including a full-time Main Street Director to be budgeted for through the five year membership. The DMD has met this requirement with the Merchant's Coordinator position, added in FY 2015. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: This is a routing, non -controversial item. DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: By supporting this Resolution, the City is not obligated for any finances beyond what is budgeted annually for the DMD Interlocal Agreement. RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution — Texas Main Street Program RESOLUTION AUTHORIZING PARTICIPATION AS A TEXAS MAIN STREET URBAN CITY AND DESIGNATING CITY PARTICIPATION WHEREAS: The Texas Main Street Urban Program of the Texas Historical Commission has been authorized to assist historic commercial areas in cities with population of 50,001 people or greater to develop a public/private effort to revitalize their target areas. If selected, this historic urban commercial area will begin participation as a Texas Main Street Urban Program in January 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Being in the public interest of the City of Corpus Christi to support the development and diversification of the economy of this City as will be accomplished by membership in the Texas Main Street Urban Program, the City agrees and authorizes SECTION 1. That the City of Corpus Christi be a co -applicant with the Downtown Management District in application for selection to participate in the 2016 Texas Main Street Urban Program with the specific goal of revitalizing a targeted business district within the context of the preservation and rehabilitation of its historic buildings; SECTION 2. That the City of Corpus Christi will provide financial support to the Urban program for staffing, professional development and operations/administration, through direct or indirect City funding; SECTION 3. That the City of Corpus Christi understands that downtown revitalization is a long- term effort and that the initial commitment for a Texas Main Street Urban Program is participation for a minimum of five (5) years; SECTION 4. That the City of Corpus Christi will contract with the Downtown Management District to co-sponsor the Main Street Urban Program; and SECTION 5. That the Business Liaison be designated to coordinate the Program on behalf of the City and serve as the principal contact in relation to matters involving the City. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary 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