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HomeMy WebLinkAboutAgenda Packet City Council - 09/08/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 8, 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 Father Paul Hesse, Pastor - St. Pius Catholic Church. C. Pledge of Allegiance to the Flag of the United States to be led by Saundra Thaxton, Assistant Director - Strategic Management. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0971 Proclamation declaring September 11, 2015, "9/11 Day of Service & Remembrance". Proclamation declaring September 1, 2015, "Childhood Cancer Awareness Day" and September 2015, "Childhood Cancer Awareness Month". Proclamation declaring September 8, 2015, "International Literacy Day" and September 2015, "International Literacy Month". Corpus Christi Page 1 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 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. INDUSTRIAL DESALINATION UPDATE 2. 15-1010 Port Industries of Corpus Christi Industrial Desal Update presented by Bob Paulison, Executive Director of Port Industries Attachments: Desal Update City Council Sep 2015 b. OTHER H. EXECUTIVE SESSION: (ITEMS 3 - 5) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 3. 15-0966 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the Corpus Christi Page 2 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 City of Corpus Christi and the Corpus Christi Firefighters' Association and/or Corpus Christi Police Officers' Association. 4. 15-0989 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 Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. 5. 15-0990 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 economic development agreements involving tourism -related development and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a tourism -related development business prospect(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect(s). I. MINUTES: 6. 15-0970 Regular Meeting of August 25, 2015 and Special Meeting of September 1, 2015. Attachments: Minutes - August 25 2015.pdf Minutes - September 1, 2015.pdf J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 7 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Corpus Christi Page 3 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 7. 15-0824 Engineering Construction Contract for the City Hall Fire Detection and Alarm System Motion authorizing the City Manager or designee to execute a construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. Attachments: Agenda Memo - City Hall Fire Detection.docx Project Budget - City Hall Fire Detection.xls Location Map - City Hall Fire Detection.pdf Presentation - City Hall Fire Detection.pptx 8. 15-0823 Engineering Construction Contract for the Museum Roof Replacement (Bond 2012) Motion authorizing the City Manager or designee to execute a construction contract with Haeber Roofing Company in the amount of $1,331,271 for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. Attachments: Agenda Memo - Museum Roof Replacement.docx Project Budget - Museum Roof Replacement.xlsx Location Map - Museum Roof Replacement.pdf Presentation - Museum Roof Replacement.pptx 9. 15-0836 Engineering Construction Contract for JFK Causeway Area Improvements (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $1,271,906.13 for the JFK Causeway Area Improvements for the total Base Bid plus alternate 1. (Bond 2012) Attachments: Agenda Memo - JFK Causeway Project Budget - JFK Causeway Area Improvements - with formulas Presentation - JFK Causeway Area Improvements Location Map - JFK Causeway Area Improvements 10. 15-0673 Agreement for temporary tax abatement for the development located in the 6000 Block of Bear Lane Resolution authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement. Corpus Christi Page 4 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 Attachments: Agenda Memo - Cameron Resolution - Cameron Exhibit A - Cameron Agreement 11. 15-0901 Approve the FY2015-2016 HOME Program set-aside funds. Motion to approve the allocation of FY2015-2016 HOME Program set-aside funds to 911 Glenoak Apartments in the amount of $300,000. Attachments: Agenda Memo - HOME FY2015-2016 HOME Attachment D 2015-2016 12. 15-0854 Second Reading Ordinance - Rezoning property located at 5425 Old Brownsville Road (1st Reading 8/25/15) Case No. 0715-04 Peterson Properties, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference to a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Corpus Christi Page 5 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Peterson Properties, Ltd Ordinance - Peterson Properties, Ltd. Aerial Map - Peterson Properties, Ltd. PC Zoning Report - Peterson Properties, Ltd 13. 15-0855 Second Reading Ordinance - Rezoning property at 1557 Waldron Road (1st Reading 8/25/15) Case No. 0715-05 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - John Kendall and The Boston Group Ordinance - John Kendall and The Boston Group Aerial Map - John Kendall and The Boston Group Zoning Report - John Kendall and The Boston Group 14. 15-0856 Second Reading Ordinance - Rezoning property at 401 Graham Road (1st Reading 8/25/15) Case No. 0715-06 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, Corpus Christi Page 6 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 located along the south side of Graham Road between Waldron Road and Humble Road. Planning Commission and Staff Recommendation (July 29, 2015): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), by changing the UDC Zoning Map in reference to 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - John Kendall and The Boston Group IL Ordinance -John Kendall and The Boston Group CC Ordinance -John Kendall and The Boston Group Aerial Map - John Kendall and The Boston Group Zoning Report - John Kendall and The Boston Group 15. 15-0774 Second Reading Ordinance - Lease Agreement for Merriman-Bobys House in Heritage Park (1st Reading 8/25/15) Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman-Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. Attachments: Agenda Memo - Merriman-Bobys House Lease with Lindy Burns dba Youga Yo Ordinance - Merriman Bobys House Lease with Lindy Burns dba Youga Yoga S Signed Lease - Youga Yoga - Merriman-Bobys 16. 15-0785 Second Reading Ordinance - Amending the City Code for "Motion Picture Event" to add Article III, Procedures, Guidelines and Fees for Commercial Filming (1st Reading 8/25/15) Ordinance repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Corpus Christi Page 7 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 Providing for publication. Attachments: Agenda Memo - Film Ordinance Film Ordinance Presentation - Film Ordinance potx 17. 15-0840 Second Reading Ordinance - Closing an undeveloped and unsurfaced public right-of-way, located west of Airline Road and north of Empire State Drive (1st Reading 8/25/15) Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. Attachments: Agenda Memo - Bordeaux Place Unit 4 Ordinance - Bordeaux Place Unit 4 Location Map - Bordeaux Place Unit 4 18. 15-0895 Second Reading Ordinance - Ground Lease for Haas -Anderson Construction, Ltd. vehicle storage (1st Reading 8/25/15) Ordinance authorizing the City Manager or his designee to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd for 3.89 acres out of a 25.06 acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. Attachments: Agenda Memo - Haas -Anderson Construction Lease Ordinance - Haas -Anderson Contruction Lease Location Map - Haas Anderson Construction Lease.pdf Ground Lease - Haas -Anderson Construction, Ltd..pdf 19. 15-0883 Second Reading Ordinance - Revision of Municipal Marina Boundary Contradiction in City Code of Ordinances (1st Reading 8/25/15) Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2-264 and 12-40 regarding Corpus Christi Marina definitions. Attachments: Agenda Memo - Marina Boundary Revision Ordinance - Marina Boundary Revision Map - Illustration of 1958 & 2007 Marina Boundaries Corpus Christi Page 8 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 M. PUBLIC HEARINGS: (ITEMS 20 - 23) 20. 15-0935 Second Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate Attachments: Agenda Memo - Public Hearing regarding FY16 Ad Valorem Tax Rate.doc 21. 15-0948 Public Hearing on Fiscal Year 2015-2016 Operating Budget Public hearing for the City of Corpus Christi Fiscal Year 2015-2016 Operating Budget for September 8, 2015 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo - Public Hearing for FY 2015-2016 Operating Budget Presentation - Budget Public Hearing Schedule of Amendments 22. 15-0906 Second Public Hearing to consider the proposed Municipal Services Plan for annexing 4.08 acres of land into the territorial limits of the City of Corpus Christi Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance. Attachments: Agenda Memo - Annexation Ind Ordinance with Service Plan - Annexation Annexation Schedule Presentation - 8-25-2015 Industrial District Annexation Revised Per Dan 23. 15-0930 Public Hearing and First Reading Ordinance - Rezoning property located at 14333 Northwest Boulevard (FM 624) Case No. 0815-01 Balusek-Frankson: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. Planning Commission and Staff Recommendation (August 12, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Balusek-Frankson on behalf of Fox Tree and Landscape Nursery, Inc. ("Owner"), by changing the UDC Zoning Map in reference Corpus Christi Page 9 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 to 2.968 acres out of Lot 1, Encino Park, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Balusek-Frankson Ordinance - Balusek-Frankson Zoning Report - Balusek Frankson Aerial Map - Balusek Frankson N. REGULAR AGENDA: (ITEM 24) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 24. 15-0929 Second Reading Ordinance - Adopting Utility Rates for FY 2015-2016 and FY 2016-2017 (1st Reading 8/25/15) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016. Attachments: Agenda Memo - Ordinance Adjusting Water, Wastewater and Gas Rates Ordinance - Ordinance Adjusting Water, Wastewater and Gas Rates Presentation - Ordinance Adjusting Water, Wastewater and Gas Rates O. FIRST READING ORDINANCES: (ITEMS 25 - 29) 25. 15-0951 First Reading Ordinance - To allow golf cart operation on North Beach Ordinance amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Attachments: Agenda memo - golf cart ordinance 09.08.2015 Ordinance - Operation of golf cart - NorthBeach 2015 26. 15-0833 First Reading Ordinance - Amending City Code for Animal Care to modify dangerous dog regulations and to adopt tethering standards Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Corpus Christi Page 10 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 Attachments: Agenda memo - animal care ordinance 09.08.2015 Ordinance - Modified Dangerous dog and tethering 9-1-15 27. 15-0954 First Reading Ordinance - Accepting and appropriating grant funds for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. Attachments: Agenda memo - JAG grant appropriation 09.08.2015 Ordinance - FY 2015 Edward Byrne Memorial Justice Assistance Grant - police Award - Report 28. 15-0791 First Reading Ordinance - Joint -Use Agreement for Zavala Senior Center and Joe Garza Recreation Center Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue. Attachments: Agenda Memo - WeIIMed Charitable Foundation - City of Corpus Christi - Joint I Ordinance - WellMed Chaitable Foundation - City of Corpus Christi - Joint Use / Joint Use Agreement - WeIIMed Charitable Foundation 29. 15-0973 First Reading Ordinance - Interlocal Agreement for Gap Analysis in programs and services for families and youth Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University - Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures. Corpus Christi Page 11 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 Attachments: Agenda Memo - GAP Analysis approp Susan Ordinance - Gap Analysis - TAMU-CC Interlocal Agreement Attach - Itr of commitment PICC CM Report CCY and GAP Analysis Interlocal Agreement - Gap Analysis - TAMU-CC P. RECESS FOR CORPORATION MEETING: (ITEM 30) 30. 15-0902 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). Attachments: Agenda Memo for CCCIC Board Meeting 08-2015 CCCIC Board Meeting Agenda CCCIC Minutes CCCIC Treasurer's Report 6-30-15.xlsx CCCIC ByLaws Q. RECONVENE COUNCIL MEETING: R. FUTURE AGENDA ITEMS: (ITEMS 31 - 36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 31. 15-0933 Contract for 9-1-1 Location Data Management Motion authorizing the City Manager or his designee to execute a contract with Intrado Systems Corporation in the amount of $465,312.85 of which $27,954.25 for one time cost is required for the remainder of FY2014-2015 for 9-1-1 Location Data Management software and services. The term of the contract is three years with two automatic 12 month renewals. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Attachments: Agenda memo - Intrado 911 Location Data Management 09.08.2015 Contract - Intrado Location Data Mgt 32. 15-0937 Developer Participation Agreement to reimburse developer for the City's portion of extending Brockhampton Street located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron Resolution authorizing the City Manager to execute a developer participation agreement with MPM Development, LP., ("Developer"), to Corpus Christi Page 12 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 reimburse the Developer up to $135,766.13 for the City's share of the cost to extend Brockhampton Street, in accordance with the Unified Development Code. Attachments: Agenda Memo - Bordeaux Place Resolution - Bordeaux Place Unit 4 combined Aerial Map - Bordeaux Place Unit 4 33. 15-0907 Engineering Construction Contract for Santa Fe Street from Elizabeth Street to Hancock Street (Bond 2014) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid for a mill and overlay roadway with full depth repairs as required and recommended by the design engineer. (Bond 2014) Attachments: Agenda Memo - Santa Fe Project Budget - Santa Fe from Elizabeth to Hancock Location Map - Santa Fe from Elizabeth to Hancock BOND 2014 Presentation - Santa Fe 34. 15-0991 Resolution in support of the proposed Barisi Village project Resolution in support of the proposed Barisi Village Project, which will result in the redevelopment of the vacant Pharaoh Valley Golf Course. Attachments: Agenda Memo - Supporting Barisi Village.docx Resolution - Supporting Barisi Village 35. 15-0978 Collective Bargaining Agreement - Corpus Christi Police Officers' Association Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement Attachments: Agenda Memo - September 15 2015.3 Contract - CCPOA Final 36. 15-0837 Amending Type A Guidelines adopted in 2010 Resolution adopting amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives Corpus Christi Page 13 Printed on 9/4/2015 City Council Meeting Agenda - Final September 8, 2015 Attachments: Agenda Memo - Guidelines Resolution - Guidelines Draft Guidelines S. BRIEFINGS: (ITEMS 37 - 38) 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. 37. 15-0968 Update on Desalination Projects Attachments: Agenda Memo - Desalination Update Presentation - Desalination Update 38. 15-0928 Coastal Bend Mitigation Action Plan Annual Update Attachments: Agenda Memo - Presentation, Costal Bend MAP 2015 Presentation - Coast Bend MAP 2015 T. POTENTIAL CHARTER AMENDMENT: (ITEM 39) 39. 15-1009 Discussion and possible action regarding the City Charter Amendment Process Attachments: Agenda Memo - September 8 2016 - Charter Amendment Process Timeline 1 - Two Step Timeline 2 - Three Step U. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. V. ADJOURNMENT Corpus Christi Page 14 Printed on 9/4/2015 Port Industries of Corpus Christi Industrial Desal Update 8 September 2015 PORT INDUSTRIES lA%Ai!~i OF CORPUS CHRISTI 11 Why Interest in Industrial Desal? • Period of prolonged drought and increased economic activity... • Concern that available water supply was impacting competitiveness of region in attracting new industry and expansions • Desire to reduce risk of water rationing or curtailment to operations • Interest in diversifying and strengthening the region's water supply PORT INDUSTRIES OF CORPUS CHRISTI Industrial Desal Study Partners • Corpus Christi Regional EDC • City of Corpus Christi • San Patricio MWD • Port of Corpus Christi • Chemours • Cheniere Energy • CITGO Refining Et Chemicals • Flint Hills Resources • Lyondell-Basell • OxyChem • Sherwin Alumina • Valero • voesta l pi n e Texas • AEP Texas • Talen Energy PORT INDUSTRIES OF CORPUS CHRISTI Industrial Desal Concept Construct plant for industrial consumption Capacity 10-30 MGD of non -potable water Customers would subscribe for output with long-term "take or pay" contracts Water not subject to water rationing The water would be "owned" by the company paying for it Water exchange or "water bank" concept To enable geographically distant customers to participate in project and benefit from reliability of desal production PORT INDUSTRIES rr1i MM OF CORPUS CHRISTI MIlig Industrial Desal Scoping Study Independent assessment of feasibility and cost Stakeholders working in partnership Explores economics of developing an industrial desal plant in the region Examines major plant development issues Size, location, permitting, etc. Major outputs Preliminary design basis for a facility Estimate of the "delivered" cost of water Necessary first step for the potential customers/subcribers to determine interest in participating in project PORT INDUSTRIES rr1i MM OF CORPUS CHRISTI Industrial Desal Study Milestones • Letter of Intent (Nov 2014) • Consultant Selection (Jan 2015) • Scope of Work Refinement (Mar 2015) • Data Collection and Background Investigation (Jun 2015) • Project Assumptions Memorandum (Aug 2015) • Project Profiles (Sep -Oct 2015) • Project Definition Package (Nov -Dec 2015) • Participant "Go - NoGo" Decision Period (starts Jan 2016) PORT INDUSTRIES OF CORPUS CHRISTI Thank you! PORT INDUSTRIES ~Is OF CORPUS CHRISTI Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 25, 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 Reverend John Roberts, Grace Presbyterian Church. Reverend John Roberts gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Bill Mahaffey, Assistant Director, Maintenance of Lines - Utilities Treatment. Assistant Director of Maintenance of Lines - Utilities Treatment Bill Mahaffey 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 City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring August 26, 2015, "Women's Equality Day" in Honor of the League of Women Voters of Corpus Christi and the 95th Anniversary of Women's Right to Vote Mayor Martinez presented the proclamation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Corpus Christi Page 1 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 a. OTHER Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: 1) City Manager Olson informed the City Council that the City has refinanced the bonds with the Nueces River Authority (NRA). The refinancing has resulted in a $940,000 annual saving in the City's debt service. This is an example of how City staff continues to monitor the City's financial situation and provide recommendations to achieve savings. 2) There is an item on today's agenda, Item 6, to purchase eight (8) compressed natural gas (CNG) trucks. The City Council gave a directive last year to increase the CNG fleet. Approval of today's item will result in 67% (23 vehicles) of Solid Waste's vehicles being CNG. City Manager Olson stated that using CNG vehicles is less expensive and friendlier to the environment. 3) There is a new traffic signal located near the new Veterans Memorial High School at Lipes and Cimarron Boulevards. This traffic signal is one of the first to include a flashing yellow turn signal. City Manager Olson referred to a video demonstrating the new flashing yellow turn signal which will be adopted as a new standard in the City. 4) A celebration of the restoration of the Miradores on the seawall will be held on August 31, 2015 at 10:00 a.m. at the southern -most Mirador on McGee Beach. For more information, contact the Communications Department. 5) City Manager Olson announced that Item 27, regarding dangerous dogs and feral cats, is being withdrawn to allow staff to continue to study and be fully vetted. FIRST READING ORDINANCES: (ITEM 27) 27. First Reading Ordinance - Amending City Code for Animal Care to modify dangerous dog regulations and to adopt tethering standards Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. This Ordinance was withdrawn by staff and will be presented at a later date. I. MINUTES: 3. Regular Meeting of August 18, 2015 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member McIntyre and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: 4. Corpus Christi Regional Economic Development Corporation Retired & Senior Volunteer Program Advisory Committee Corpus Christi Page 2 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Senior Companion Program Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Corpus Christi Regional Economic Development Corporation Council Member McIntyre nominated Toby Hammett Futrell. Mayor Martinez made a motion to appoint Toby Hammett Futrell, seconded by Council Member Scott and passed unanimously. Retired and Senior Volunteer Program Council Member Magill made a motion to reappoint Dale Berry (At -Large), Sylvia Portales (At -Large) and Abel Sanchez (At -Large) and the new appointment of Rita Sonia Herrera-Padron (RSVP Volunteer), seconded by Council Member Riojas and passed unanimously. Council Member Magill made a motion to realign Anne Bauman to the At -Large category, seconded by Council Member Riojas and passed unanimously. Senior Companion Program Council Member McIntyre made a motion to reappoint Sherry DuBois (At -Large), Tami Longino (At -Large), Veronica Marsello (At -Large), and Shirley Selz (At -Large), seconded by Council Member Magill and passed unanimously. L. EXPLANATION OF COUNCIL ACTION: M. CONSENT AGENDA: (ITEMS 6 - 18) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda Items. Errol Summerlin requested that Item 10 be pulled for individual consideration. There were no comments from the Council. Council Member Scott announced that he was abstaining on Item 17. A motion was made by Council Member McIntyre, seconded by Council Member Riojas, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 6. Lease -Purchase of 8 CNG Trucks, 3 Diesel Trucks and 2 Trailers for Solid Waste Operations Motion approving the lease -purchase of eight compressed natural gas garbage trucks, one cab and chassis, two retriever side loaders, and Corpus Christi Page 3 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 7. 8. two trailers from the following companies for the amounts below for a total cost of $3,413,907.30. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC) and the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease purchase financing contractor. Rush Truck Center of Texas, L.P. Houston, Texas $2,737,724.84 Purchase Price Interest for Lease Total Cost Heil of Texas Houston, Texas $188,302.00 $3,218,001.84 $195,905.46 $3,413,907.30 Corpus Christi Freightliner Corpus Christi, Texas $291,975.00 This Motion was passed on the Consent Agenda. Enactment No: M2015-088 Replacement Mobile Computers for Police and Fire Vehicles Motion authorizing the City Manager, or designee, to approve a 48 -month lease agreement with CSI Leasing, Inc. of Saint Louis, Missouri, DIR-SDD-1880, for two hundred thirty-five (235) Datalux T5 Integrated Mobile Data Computer (MDT) systems from Austin Ribbon & Computer of Austin, Texas, fora total expenditure of $1,186,571.89. Funds are available in the Municipal Information Systems Department FY2014-2015 budget and will be requested in future budget years. This Motion was passed on the Consent Agenda. Enactment No: M2015-089 Engineering Monitoring Contract Amendment No. 2 for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 Motion authorizing the City Manager or designee to execute Amendment No. 2 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $96,428 for a total restated fee not to exceed $288,720 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2015-090 9. Engineering Monitoring Contract Amendment No. 5 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Corpus Christi Page 4 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Christi Meteorological Monitoring 2015-2016 Motion authorizing the City Manager or designee to execute Amendment No. 5 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $99,593 for a total restated fee not to exceed $654,674 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2015-091 11. Resolution to approve the Corpus Christi Crime Control Budget for FY2015/2016 (Public Hearing held on 8/18/15) Resolution approving the FY 2015-2016 budget for the Corpus Christi Crime Control and Prevention District. This Resolution was passed on the Consent Agenda. Enactment No: 030585 12. Second Reading Ordinance - Appropriating Funds for Increased Wrecker Fees (1st Reading 8/18/15) 13. Ordinance appropriating $110,000 in General Fund No. 1020 from increased towing fees adopted by City Council in January 2015; and changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures in the General Fund No. 1020 by $110,000 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030586 Second Reading Ordinance - Accepting and appropriating grant funds for Driving While Intoxicated (DWI) and Speed enforcement overtime (1st Reading 8/18/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of $43,247.57, for a total project cost of $141,329.57 and appropriating $98,082 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030587 Corpus Christi Page 5 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 14. Second Reading Ordinance - Appropriating grant funds for motor vehicle theft enforcement (1st Reading 8/18/15) 15. Ordinance appropriating $527,853 from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants Fund; and appropriating $6,621 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030588 Second Reading Ordinance - Authorizing contracts and appropriating funds for the Community Youth Development Program (1st Reading 8/18/15) Ordinance ratifying execution of Community Youth Development program contracts with Texas Department of Family and Protective Services from March 1, 2015 to August 31, 2015 in the amount of $207,233.47 and September 1, 2015 to August 31, 2016 in the amount of $396,765.44; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030589 16. Second Reading Ordinance - Amending City Code regarding Technical Construction Boards (1st Reading 8/18/15) 17. Ordinance amending the Corpus Christi Code of Ordinances, Chapter 14 "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14-206, "Technical construction boards," by amending the licensing requirements for members of the Electrical Advisory Board and Mechanical/Plumbing Advisory Board; providing for severance; and providing for effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030590 Second Reading Ordinance - Agreement for Traffic Signal Improvements for Park Road 22 and Aquarius Drive Intersection (1st Reading 8/18/15) Corpus Christi Page 6 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 18. Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by appropriating $420,000 in Developer contributions from TBD -Q Packery Pointe, LP (Developer), increasing expenditures by $420,000 in the FY 2015 Capital Improvement Budget, and authorizing the City Manager, or designee, to execute a Traffic Signal Improvement Agreement between the City of Corpus Christi and Developer for the Park Road 22 and Aquarius Drive intersection and roadway improvements. This Ordinance was passed on second reading on the Consent Agenda. 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 Abstained: 1 - Council Member Scott Enactment No: 030591 Second Reading Ordinance - Adopting the 2015 Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan (1st Reading 8/18/15) Ordinance approving the Project & Financing Plan as proposed by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030592 10. Change Order No. 9 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Change Order No. 9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $668,515.36 for a total restated fee of $51,403,936.57 for the New Broadway Wastewater Treatment Plant. Mayor Martinez referred to Item 10. Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke in support of Item 10 in order to avoid any further delays regarding the completion of the New Broadway Wastewater Treatment Plant. Council Member Rubio made a motion to approve the motion, seconded by Council Member McIntyre. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 7 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Abstained: 0 Enactment No: M2015-092 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. Jewel Wilson, 6102 Allencrest Circle, introduced Miss Nueces County Rebekah Harris who will be representing Corpus Christi in Houston, Texas on September 4-6, 2015. Rebekah Harris, Miss Nueces County, said she is grateful to share in this experience for Nueces County and with the City of Corpus Christi. The following individuals spoke in support of Item 27, amending the City's Code of Ordinances, Animal Care for dangerous dogs and Trap -Neuter -Return (TNR) animals: Cheryl Martinez, 3938 Surfside; Samantha Person, Director of The Cattery, 6505 Lazy Willow; Bridget Landon, 7517 E. Lake Boulevard; Stacy Palacios, 7313 Candy Ridge; Santos Rodriguez, 4509 Sheffield Lane; Elizabeth Kempski, 538 Del Mar; and Monica Hugo, 808 Elizabeth Street. Rocco Montesano, 2101 Riata Drive, spoke in support of Item 26, Citizens' Collection Center - Flour Bluff/Padre Island and Item 27, animal care for dangerous dogs, and the TNR ordinance. Janice Sautter, 1938 Woodcrest Drive; Keith Hanson, 331 Graham Road; Clifford Zarbock, 1802 Hosea Court; and Tony Keith, 1233 Seth, spoke in opposition to Item 26, the Citizens' Collection Center - Flour Bluff/Padre Island. Walter Saganice, 3349 Picadilly, spoke in opposition to the City Council amending the City Charter to initiate a referendum to address road improvements. Maybeth Christensen, 15521 Cuttysark, and Mark Thomas, 1025 Graham, spoke in support of the Citizens' Collection Center - Flour Bluff/Padre Island. Susie Luna Saldana, 4710 Hake!, thanked the five (5) council members that supported taking the street issue to the voters. Rick Milby, 4412 High Ridge Drive, spoke regarding the following topics: fiscal responsibility, addressing the current financial crisis, the Citizens' Collection Center - Flour Bluff/Padre Island; and the budget. Errol Summerlin, Citizens Alliance for Fairness & Progress, spoke regarding a local refinery seeking a permit to increase the use of hydrogen cyanide. Mr. Summerlin said the Alliance plans on looking into the application and filing a compliant opposing issuance of the permit. Mr. Summerlin also address pollution and contamination in the Hillcrest area. Nikki Ikonomopoulos spoke regarding her dangerous dog; Animal Care's failure to protect the community from dangerous animals; and in support of the Item 27, TNR ordinance. Rodney Paige, 1519 Leopard Street, spoke regarding the re-routing of the Regional Transportation Authority's (RTA) buses on Mexico and Leopard Streets and the damage to the streets. Mr. Paige also spoke in support of Item 27, the TNR ordinance; and the Corpus Christi Police Department's improved efforts at eliminating synthetic marijuana use in the area. Gloria Scott, 4422 South Alameda, spoke regarding the use of "transition neighborhood" when referring the the Washington Coles/Hillcrest area and the investigation of the late Chief Floyd Simpson's death. Corpus Christi Page 8 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 ONE -READING ACTION ITEMS: (ITEM 26) 26. Proceeding with the Flour Bluff Collection Center Resolution authorizing the City Manager or designee to proceed with the design and construction of the Flour Bluff Collection Center in the Flour Bluff/Padre Island area. Mayor Martinez deviated from the agenda and referred to Item 26. MOTION TO TABLE Council Member McIntyre made a motion to table Item 26 and bring the item back after 30% design with a more accurate estimate, operational plan and a town hall meeting, along with an ordinance restricting household waste from the site, seconded by Council Member Riojas. Council members spoke on the following topics related to this motion: the cost to complete 30% of the design; the funding that has been spent on the project already; refining the costs of the project; public dialogue; previous actions on this project; limiting household waste; financing for the project and the impact to ratepayers; whether the certificates of obligation have been issued; the planning process for this project; a brief history of this project; Council Member Scott not having a conflict of interest on this item; the total cost for this project; and the number of town hall meetings held on this item. John Michael stated that the design is ready to bring back to the residents at a town hall meeting to receive input and will not require any additional cost. The motion failed with the following vote: Martinez, McIntyre, Riojas, and Scott, voting "Aye"; Vaughn, Garza, Magill, Rosas, and Rubio, voting "No". Executive Director of Public Works Valerie Gray stated that the purpose of this item is to obtain direction from the City Council to proceed with the Flour Bluff/Padre Island Collection Center. Ms. Gray said the collection center will provide for easy drop-off for waste, have covered drop-off areas, concrete all-weather pads and driveways, screened fencing around the property, access from Holly Road, video security and staffing Thursday through Sunday. Ms. Gray provided a location map and conceptual project layouts. Mayor Martinez called for comments from the public. Kyle Pape, 1801 Hosea; Shirley Thornton, 1917 Woodcrest; Lucas Lang, 2209 Oakcrest; and Brant Aggus, 1818 Hosea Court, spoke in opposition to the collection center. Jeff Rank, President of the Flour Bluff Business Association; Flo East, 1605 Yorktown; Abel Alonzo, 1701 Thames; and Eddie Savoy, 8100 S. Padre Island Drive, spoke in support of tabling the item to allow residents time to learn more about the collection center. Council members spoke regarding the following topics: the layout of the building; building costs; the proximity of the neighborhood to the site; the litter critter program; issues raised by the residents: traffic from Flour Bluff Road, odor control, illegal dumping, hours of operations, asthetics of the location, and protection of trees; Cash for Trash; citizen involvement on this issue; and future budget costs. Corpus Christi Page 9 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Mayor Martinez called for a motion to approve the Resolution. The Resolution failed for lack of a motion. MOTION OF DIRECTION Council Member McIntyre made a motion directing staff to initiate a regular litter critter operation in the Flour Bluff community, seconded by Council Member Riojas. The motion was passed and approved with the following vote: Martinez, Vaughn, Garza, Magill, McIntyre, Riojas, Rosas, Rubio, and Scott, voting "Aye". H. EXECUTIVE SESSION: (ITEM 2) 2. Mayor Martinez deviated from the agenda and referred to the day's executive session and announced that there was nothing to report on this item. 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 withdrawn. Mayor Martinez called for a brief recess. N. PUBLIC HEARINGS: (ITEMS 19 - 22) 19. First Public Hearing to consider the proposed Municipal Services Plan for annexing 4.08 acres of land into the territorial limits of the City of Corpus Christi Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance. Mayor Martinez referred to Item 19. Director of Development Services Dan Grimsbo stated that the purpose of this item is to hold a public hearing to present the proposed Municipal Services Plan for seven tracts of land in Industrial District No. 1 proposed for annexation. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. 20. Public Hearing and First Reading Ordinance - Rezoning property located at 5425 Old Brownsville Road Case No. 0715-04 Peterson Properties, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a Corpus Christi Page 10 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference to a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 20. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property for a light industrial use to allow for the development of a convenience store with truck stop and fueling. 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 Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 11 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Abstained: 0 21. Public Hearing and First Reading for property at 1557 Waldron Road Case No. 0715-05 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 21. 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 boat storage facility. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. Toni McIntyre, 337 Graham Road and Keith Hanson, 331 Graham Road, expressed concern regarding the following topics: the negative impact to the neighborhood; flooding concerns; egress onto Graham Road; and damage to the street. John Kendall, 5866 S. Staples, said that drainage issues will be addressed and spoke regarding access to Graham Road. Mr. Kendall said the main entrance will be on Waldron Road. Mayor Martinez closed the public hearing. A council member asked questions regarding the following topics: primary access only to Waldron Road; access to the gas facility; the outdoor boat storage facility related to Item 22; and the acreage on the smaller lot. 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: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Corpus Christi Page 12 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 22. Public Hearing and First Reading for property at 401 Graham Road Case No. 0715-06 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. Planning Commission and Staff Recommendation (July 29, 2015): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), by changing the UDC Zoning Map in reference to 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 22. 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 an outdoor boat storage facility. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. Toni McIntyre, 337 Graham Road expressed concern regarding the following issues: drainage; flooding; the facility blocking her views; a buffer for the gas line; and traffic. Keith Hanson, 331 Graham Road, spoke in opposition and requested plans for the project. John Kendall, 5866 S. Staples, addressed the concerns regarding drainage, buffering, and landscaping. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas, Council Member Scott and Council Member Vaughn Nay: 1 - Council Member Rubio Abstained: 0 FIRST READING ORDINANCES: (ITEM 29) 29. First Reading Ordinance - Amending the City Code for "Motion Corpus Christi Page 13 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Picture Event" to add Article III, Procedures, Guidelines and Fees for Commercial Filming Ordinance repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. Mayor Martinez referred to Item 29. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to amend the City's Code of Ordinances to establish the Corpus Christi Film Commission, create procedures, fees and guidelines, and assign to the Corpus Christi Convention and Visitors Bureau (CVB) to administer on the City's behalf. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on 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 K. BRIEFINGS: (ITEM 5) 5. Discussion regarding a Charter Amendment Election Discussion regarding a Charter Amendment Election that includes a charter amendment proposition authorizing the city council to submit an ordinance, resolution, or measure to the popular vote for adoption or repeal and other possible amendments. Mayor Martinez deviated from the agenda and referred to Item 5. City Secretary Rebecca Huerta stated that the purpose of this item is to present information on the proposed Charter Amendment Election. At the August 18th City Council meeting, the City Council discussed possibly amending the City's Charter to allow for a City Council -initiated binding referendum. City Secretary Huerta presented the following information: the proposed language for the amendment; election date considerations for a May 7th or November 8th Uniform Election date; and considerations regarding a Charter Revision Commission. There was a general consensus of the Council to support a November Election. City Attorney Miles Risley presented a proposed ordinance with language written by local attorney John Bell. Council members spoke regarding the following topics: the timing of the election; other revisions the Charter Commission would review; limiting the language so as to be specific to streets; previous Charter Commissions; the Corpus Christi Page 14 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 potential of a rollback election; housekeeping measures presented to the Charter Commission by staff; changing the term of office for City Council members; staggering City Council terms; and a timeline on the election process. MOTION OF DIRECTION Council Member Magill made a motion directing the Charter Revision Commission to review a residential street charter provision; changes to Article II., City Council, which is inclusive of term limits; and housekeeping measures presented by staff, seconded by Council Member Rubio and passed unanimously (Council Member Vaughn - absent). O. REGULAR AGENDA: (ITEMS 23 - 24) 23. Second Reading Ordinance - Authorizing the Issuance of Certificates of Obligation for Facility Improvements (Senior Centers) (1st Reading 8/18/15) Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015" in an amount not to exceed $2,000,000 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Mayor Martinez referred to Item 23. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of up to $2,000,000 of certificates of obligation for the purpose of financing facility improvements, with a priority on the Lindale, Northwest and Greenwood Senior Centers. There were no comments from the public. In response to a council member, Assistant City Manager Gus Gonzalez stated that the facilities assessment will be completed in approximately two weeks and will be provided to the City Council. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on second reading and approved with the following vote: Corpus Christi Page 15 Printed on 9/3/2015 City Council Meeting Minutes August 25, 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 030593 24. City Council Construction Change Order Policy Resolution establishing City Council policy for construction change orders. Mayor Martinez referred to Item 24. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to approve the establishment of a City Council Construction Change Order Policy in order for City Council to exercise their oversight responsibilities and allow staff to effectively implement policy. There were no comments from the Council or the public. Council Member Scott made a motion to approve the resolution, seconded by Council Member Garza. 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 030594 P. ONE -READING ACTION ITEMS: (ITEM 25) 25. Authorizing submission of the 2016 Hazardous Materials Emergency Preparedness (HMEP) grant application Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $70,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000 from the Local Emergency Planning Committee (LEPC) reserve fund; and authorizing the city manager, or designee, to apply for, accept, reject alter or terminate the grant. Mayor Martinez referred to Item 25. Fire Chief Robert Rocha stated that the purpose of this item is to authorize the submission of a grant for FY2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study. There were no comments from the Council or the public. Corpus Christi Page 16 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Q. Council Member McIntyre 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 030595 FIRST READING ORDINANCES: (ITEMS 27 - 28 and 30 - 34) 28. First Reading Ordinance - Lease Agreement for Merriman-Bobys House in Heritage Park 30. Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman-Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. Mayor Martinez referred to Item 28. Director of Development Services Jay Ellington stated that the purpose of this item is to execute a lease agreement for the Merriman-Bobys House in Heritage Park for yoga and office operations. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 First Reading Ordinance - Closing an undeveloped and unsurfaced public right-of-way, located west of Airline Road and north of Empire State Drive Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. Mayor Martinez referred to Item 30. Director of Development Services Dan Corpus Christi Page 17 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Grimsbo stated that the purpose of this item is to abandon and vacate a portion of a public right-of-way to align with the public right-of-way in conjunction with the Bordeaux Place Unit 4 plat. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 31. First Reading Ordinance - Adopting Utility Rates for FY 2015-2016 and FY 2016-2017 32. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016. Mayor Martinez referred to Item 31. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to amend the Code of Ordinances to revise the water, wastewater, and gas rates. Mr. Van Vleck presented a sample of the water bills and other utilities. The additional changes include:changing the effective date to January 1, 2016; public agency for retail rates will be brought separately; raw water customer adjustments will be calculated every other year except were required by contract; wastewater winter average will be updated every other year; and new residential wastewater accounts will be set at 3,000 gallons per month. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first 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 Scott Nay: 1 - Council Member Rubio Absent: 1 - Council Member Vaughn Abstained: 0 First Reading Ordinance - Lease Agreement for Installation of Air Monitoring Station at 4801 Holly Road (Requires 28 -day delay between readings) Ordinance authorizing the City Manager, or designee, to execute a five year lease agreement (with the option for one five year renewal) with Corpus Christi Page 18 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 the Texas A&M University System (TAMUS) for installation and operation of an air quality monitoring station on tracts of land containing 9 square feet and 1,350 square feet, located at Holly Road Pumping Station, 4801 Holly Road, Corpus Christi, Texas; providing for severance; and providing for publication. (Requires 28 day delay between 1st and 2nd readings). Mayor Martinez referred to Item 32. Director of Capital Programs Jeff Edmonds stated that the purpose of this item is to execute a five-year lease agreement, with the option for one five-year renewal, with Texas A&M University System for use of the Holly Road Pumping Station for an air quality monitoring station. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 33. First Reading Ordinance - Ground Lease for Haas -Anderson Construction, Ltd. vehicle storage Ordinance authorizing the City Manager or his designee to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd for 3.89 acres out of a 25.06 acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. Mayor Martinez referred to Item 33. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a five-year ground lease with Haas -Anderson Construction Ltd. for the use of approximately 3.89 -acres located next to the City's vehicle impound yard off of Greenwood Drive for a fee of $9,600 per year until September 30, 2020. 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: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Scott Nay: 1 - Council Member Rubio Absent: 1 - Council Member Vaughn Corpus Christi Page 19 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 Abstained: 0 34. First Reading Ordinance - Revision of Municipal Marina Boundary Contradiction in City Code of Ordinances Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2-264 and 12-40 regarding Corpus Christi Marina definitions. Mayor Martinez referred to Item 34. Assistant City Manager Susan Thorpe stated that the purpose of this item is to amend the City's Code of Ordinances to clarify conflicting definitions of the Corpus Christi Marina Boundaries and to clarify the membership category for a representative on the Marina Advisory Committee. In a response to a council member, Ms. Thorpe stated that the change will not impact the Port of Corpus Christi. There were no comments from the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio and Council Member Rosas Absent: 2 - Council Member Scott and Council Member Vaughn Abstained: 0 R. FUTURE AGENDA ITEMS: (ITEMS 35 - 39) Mayor Martinez referred to Future Agenda Items. City Manager Olson said staff did not have any planned presentations. City Secretary Huerta announced that Council Member Magill recused himself from any discussion on Item 38. A council member requested information on Item 38. 35. Engineering Construction Contract for the City Hall Fire Detection and Alarm System Motion authorizing the City Manager or designee to execute a construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. This Motion was recommended to the consent agenda. 36. Engineering Construction Contract for the Museum Roof Replacement (Bond 2012) Motion authorizing the City Manager or designee to execute a construction contract with Haeber Roofing Company in the amount of Corpus Christi Page 20 Printed on 9/3/2015 City Council Meeting Minutes August 25, 2015 $1,331,271 for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. This Motion was recommended to the consent agenda. 37. Engineering Construction Contract for JFK Causeway Area Improvements (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $1,271,906.13 for the JFK Causeway Area Improvements for the total Base Bid plus alternate 1. (Bond 2012) This Motion was recommended to the consent agenda. 38. Agreement for temporary tax abatement for the development located in the 6000 Block of Bear Lane Resolution authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement. This Resolution was recommended to the consent agenda. 39. Approve the FY2015-2016 HOME Program set-aside funds. Motion to approve the allocation of FY2015-2016 HOME Program set-aside funds to 911 Glenoak Apartments in the amount of $300,000. This Motion was recommended to the consent agenda. S. FUTURE CORPORATION MEETING: (ITEM 40) 40. Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). This Corporation Meeting was recommended to be held. T. LEGISLATIVE UPDATE: None. U. ADJOURNMENT The meeting was adjourned at 5:11 p.m. Corpus Christi Page 21 Printed on 9/3/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 1, 2015 11:30 AM Council Chambers SPECIAL COUNCIL MEETING 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 Deacon Michael Mantz, Diaconate Director, Diocese of Corpus Christi. Deacon Michael Mantz gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Kristina Leal, Chief of Staff, Mayor's Office. The Mayor's Chief of Staff, Kristina Leal 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 City Council and the required Charter Officers were present to conduct the meeting. (Note: Council Member Magill arrived at 11:38 a.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 7 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas, and Council Member Carolyn Vaughn Absent: 2 - Council Member Colleen McIntyre, and Council Member Mark Scott E. PUBLIC HEARINGS: 1. First Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate Corpus Christi Page 1 Printed on 9/3/2015 City Council Meeting Minutes September 1, 2015 F. ADJOURNMENT Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate Mayor Martinez referred to Item 1. Assistant City Manager Wes Pierson stated that the purpose of this item is to hold the first public hearing on the FY2016 property tax rate. Assistant City Manager Pierson explained that the Property Tax Code requires that two public hearings be held when the proposed tax rate exceeds either the rollback rate of the effective tax rate, which ever is lower. The City of Corpus Christi is proposing a tax rate of $0.606264 per $100 valuation. Since the proposed rate exceeds the effective tax rate, two public hearings are required. The first public hearing is being held today, September 1, 2015. The second public hearing will be held on Tuesday, September 8, 2015. The City Council will vote to adopt a tax rate at the September 15, 2015 City Council meeting. Mayor Martinez opened the public hearing. There were no comments from the public or the Council. Mayor Martinez closed the public hearing. Mayor Martinez made the following statement: "During the September 15, 2015 City Council meeting beginning at 11:30 a.m. at City Hall, the City Council will vote on the proposed tax rate." The meeting was adjourned at 11:39 a.m. Corpus Christi Page 2 Printed on 9/3/2015 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: July 29, 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: Carlos Gonzalez, Director of Facilities CarlosG2@cctexas.com (361) 826-3567 Engineering Construction Contract City Hall Fire Detection and Alarm System Motion authorizing the City Manager or designee to execute a construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. This project will replace the existing fire detection and fire alarm system, in its entirety, for the City of Corpus Christi's City Hall at 1201 Leopard Street. The new system brings City Hall compliant with all National, State and City of Corpus Christi Codes and Regulations. BACKGROUND AND FINDINGS: Based on an investigative process by an independent licensed engineer, it was determined that the existing City Hall Fire Detection and Alarm System does not provide adequate detection coverage, adequate notification to occupants, and system support for first responders. More specifically, the existing system has several major deficiencies as noted: • Inadequate smoke detector coverage spacing due to quantity and some existing smoke detectors are non-functional. • The current audio system does not adequately transmit critical directions to advise City Hall occupants during emergencies. • The existing fire fighter communication system (handsets) does not provide remote access to fire fighters to effectively communicate during a rescue operation. Neither the elevator recall (automatically recalls the elevators to the first floor and open doors so that no individual is trapped) nor the smoke control system currently functions. • City Hall fire sprinkler system does not fully detect and alarm when fire flows are called for during an event. During testing, the fire alarm pull stations did activate the alarm system but did not activate the elevator recall or the smoke evacuation. All proposed improvements have been reviewed by the City of Corpus Christi Fire Marshall for code compliance. Additionally, the Contractor is required to obtain a permit for construction requiring further review by the Fire Marshall. The proposed project consists of the replacement of the existing Fire Detection and Alarm System as well as the Voice Evacuation System, including: 1. Fire Alarm Control Panel 2. Fire Alarm Power Supplies 3. Notification Devices 4. Detection Devices 5. Monitor Modules 6. Control Modules 7. Speakers 8. Fireman's Handsets (Telephone) 9. Elevator Recall System and Stairwell Pressurization System The project also involves the reconstruction and interconnection of the existing elevator recall system, stairwell pressurization system, and smoke evacuation system. On June 3, 2015, the City received proposals from two (2) bidders and the respective bids are as follows: CONTRACTOR TOTAL TBC Commercial Construction Portland, TX $344,921.45 Total Protection Systems Corpus Christi, TX $401,222.00 NRG Engineering conducted a bid analysis of the two (2) proposals submitted to the City. After reviewing the Statement of Experience submitted by TBC Commercial Construction, NRG Engineering recommends the City of Corpus Christi award the construction contract to TBC Commercial Construction as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) is $350,103. TBC Commercial Construction's bid is less than the Engineer's OPCC. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Facilities Management and Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $407,321.45 $407,321.45 Encumbered / Expended Amount $24,640.00 $24,640.00 This Item $344,921.45 $344,921.45 Future Anticipated Expenditures This Project $37,760.00 $37,760.00 BALANCE $0.00 $0.00 Fund(s): Facilities Maintenance Operating Fund Comments: This project requires approximately 210 calendar days with anticipated completion in March 2016. The construction contract will result in the expenditure of an amount not to exceed $344,921.45. RECOMMENDATION: City Staff recommends approval of the construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET City Hall Fire Detection and Alarm System FUNDS AVAILABLE: Facilities Maintenance Operating Fund $407,321.45 FUNDS REQUIRED: Construction Contract (TBC Commercial Construction) (THIS ITEM) $344,921.45 Contingency (10%) 34,500.00 Design Fees: * Engineer (NRG Engineering) 24,640.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (0.3%) 1,035.00 Engineering Services (Project Mgmt/Constr Mgt/Traffic Mgt Services) (0.5%) 1,725.00 Misc. (Printing, Advertising, etc.) 500.00 TOTAL $407,321.45 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Original contract issued April 22, 2014 • �- 1irrIt • Ja. n, r R=„1, ..LOCATION MAP NOT TO SCALE • -. • I PROJECT LOCATION PROJECT: E14013 City Hall Fire Detection and Alarm System CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs City Hall Fire Detection and Alarm System Council Presentation August 25, 2015 Project Location Corpus Chr'sti Capital Programs This project replaces: ➢ Fire Detection & Alarm System ➢ Voice Evacuation System ➢ Fire Alarm Control Panel and Power Supplies ➢ Notification & Detection Devices ➢ Monitor & Control Modules ➢ Fireman's Handsets Project Schedule Corpus Chr'sti Capital Programs 2014 2015 2016 Sep Oct Nov Dec Jan Feb Mar Apr DESIGN May Jun Jul Aug BID & AWARD Sep Oct Nov Dec Jan Feb Mar CONSTRUCTION Construction Estimate: 210 Calendar Days 7 Months Projected Schedule reflects City Council award of construction in August 2015 with anticipated construction completion by March 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: July 28, 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 Carol Rehtmeyer, Director, City of Corpus Christi Museum CaroIR@cctexas.com (361) 826-4660 Engineering Construction Contract Museum Roof Replacement (Bond 2012) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Haeber Roofing Company in the amount of $1,331,271 for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. BACKGROUND AND FINDINGS: The existing roof of the Corpus Christi Museum of Science and History is at the end of its service life and allowing leaks into the building. This project was approved in the Bond 2012, Proposition No. 5 Museum and Library Improvements by the community in the general election held on November 6, 2012. Brochure description: "Museum of Science & History Roof Replacement $1,600,000 This project proposes the complete replacement of the existing membrane roof system, replacement of the glass/ glazing system at the two sides of the children's interactive activity area and construction of rainwater collection system". Proposed construction will replace the entire existing 73,000 S.F. roof membrane and insulation system including parapet, wall penetrations and cap flashing with a two-ply 20 -year warranted modified bitumen roof membrane system including related components. Additional work will replace the existing two story aluminum and glass curtain wall system at the children's area, replace two sets of aluminum and glass exterior doors and replace one of the three roof -mounted HVAC units. The Base Bid of the proposed project includes the replacement of the existing roofing system and replacement of the existing two story aluminum and glass curtain wall system at the Children's Area. The proposed project also includes two additive alternates: • Additive Alternate No. 1 consists of the replacement of two exterior aluminum and glass storefront exit doors located on the east end of the Children's Area. • Additive Alternate No. No. 2 consists of the replacement of the existing roof -mounted HVAC air handling unit serving the Discovery Dome as well as the related components and accessories. On July 8, 2015, the City received proposals from three (3) bidders and the respective bids are as follows: Contractor Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Total Haeber Roofing Company Corpus Christi, Texas $1,265,196 $20,640 $45,435 $1,331,271 Sehrist-Hall Company Corpus Christi, Texas $1,295,200 $19,800 $37,700 $1,352,700 Gourley Contracting Corpus Christi, Texas N/A N/A N/A N/A The City rejected the proposal of Gourley Contracting because of an irregularity that after bid opening, Gourley Contracting submitted a Revised Bid Form to alter their Total Project Base Bid price. Solka Nava Torno, LLC conducted a bid analysis of the two (2) proposals submitted to the City. After reviewing the Statement of Experience submitted by Haeber Roofing Company, Solka Nava Torno, LLC recommends the City of Corpus Christi award the construction contract to Haeber Roofing Company as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) for Base Bid is $1,280,000. The bid of Haeber Roofing Company is less than the Engineer's OPCC. The project available fund allows for the construction of the Base Bid plus Additive Alternate Nos. 1 and 2, with a total construction price of $1,331,271. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Museum Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $1,600,000.00 $1,600,000.00 Encumbered / Expended Amount 130,040.00 130,040.00 This Item 1,331,271.00 1,331,271.00 Future Anticipated Expenditures This Project 138,689.00 138,689.00 BALANCE $0.00 $0.00 Fund(s): Public Facilities CIP No. 05 Comments: This project requires approximately 210 calendar days with anticipated completion in April 2016. This construction contract will result in expenditure not to exceed $1,331,271. RECOMMENDATION: City Staff recommends approval of the construction contract with Haeber Roofing Company of Corpus Christi, Texas in the amount of $1,331,271 for Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Museum Roof Replacement (Bond 2012) PROJECT FUNDS AVAILABLE: Bond 2012 $1,600,000.00 FUNDS REQUIRED: Construction (Haeber Roofing Company) (This Contract) $1,331,271.00 Contingency (5%) 66,564.00 Construction Inspection (Estimate) 42,000.00 Engineer Fees: * Architect (Solka Nava Torno, LLC) 130,040.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) 6,656.00 Engineering Services (Project Mgmt/Constr Mgmt) 18,469.00 Misc 5,000.00 TOTAL $1,600,000.00 PROJECT BUDGET BALANCE $0.00 * Original contract issued April 10, 2013. VIM NIP rf A Corpus Christi Museum of Science and History ' • k ..i .:y i r�WR wo lox 1 :r% t�- • -y • rirj.0 LOCATION MAP'- NOT TO SCALE• .. • • PROJECT LOCATION PROJECT: E12120 Museum Roof Replacement (BOND 2012) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 AC.g;;;111/ Corpus Chr sti Capital Programs Museum Roof Replacement (Bond 2012) Council Presentation August 18, 2015 Project Scope - Base Bid Carpus Christi Museum of Science and History Replacement of the existing roofing system and the accessories. 40* Corpus Chr sti Capital Programs Replacement of the existing two story aluminum and glass curtain wall system and upgrades for wind -storm certification. Project Scope - Alternates Corpus Chr"sti Capital Programs Alt. #1: Replacement of two sets of aluminum and glass exterior doors at the Children's Area entrance. Alt. #2: Replacement of the roof -mounted air -handler unit installed with the original building construction. Project Schedule Corpus Chr"sti Capital Programs 2015 2016 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Bid & Award Construction Construction Estimate: 210 Calendar Days = 7 Months Projected Schedule reflects City Council award of construction in August 2015 with anticipated construction completion by April 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 7, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract JFK Causeway Area Improvements BOND 2012 Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $1,271,906.13 for the JFK Causeway Area Improvements for the total Base Bid plus Additive Alternate No.1. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bridges Specialties, Inc., for the JFK Causeway Area Improvements BOND 2012 project. BACKGROUND AND FINDINGS: This project includes access road and utility improvements on the south side of the JFK Memorial Causeway in accordance with the proposed plan for infrastructure improvements to the Village. This project was coordinated with Texas General Land Office (TGLO), Texas Department of Transportation (TxDOT), and US Army Corps of Engineers. C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5405E705\@BCL@5405E705.DOCX The Construction project scope is as follows: Base Bid — New concrete roadway to replace the existing deteriorated roadway with replacement of existing wastewater, water & gas pipelines and new fire hydrants plus small wastewater lift station. New utilities will be constructed by open cut trenches. Alternate No. 1 — Installs new underground utilities in an alternate location to minimize impacts to the roadway & local businesses. Alternate No. 2 — Installs new underground utilities by boring to minimize impacts to local businesses and potential risk of delay with tidal flow impacts. This project was approved in the Bond 2012, Proposition No. 1 Street Project by the community in the general election held on November 6, 2012. Brochure description: "JFK Causeway Area Improvements $650,000.00 - This project includes access road improvements on the west and east side of the JFK Memorial Causeway. Project will require coordination with the Texas General Land Office and TxDOT." City Staff updated the board of the Island Strategic Action Committee (ISAC) on the JFK Causeway Area Improvements at their monthly meeting. On July 8, 2015, the City received proposals from three (3) bidders and the bidders: Contractor Base Bid Alternate 1 Alternate 2 Bridges Specialties, Inc. Robstown, Texas $1,291,678.21 $1,271,906.13 $1,390,236.59 Jhabores Construction Company, Inc. Corpus Christi, Texas $1,440,514.00 $1,406,338.75 $1,341,195.50 Clark Pipelines Services, LLC. Corpus Christi, Texas $1,397,248.13 $1,448,032.73 $1,446,243.01 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, Urban Engineering conducted a bid analysis of the three (3) proposals submitted in response to the City's bid solicitation. Urban Engineering found that Bridges Specialties, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5405E705\@BCL@5405E705.DOCX FINANCIAL IMPACT. Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $15,100.00 $1,718,744.94 $0.00 $1,733,844.94 Encumbered / Expended Amount $15,100.00 $0.00 $0.00 $15,100.00 This item $ $1,271,906.13 $0.00 $1,271,906.13 Future Anticipated Expenditures This Project $0.00 $403,447.96 $0.00 $403,447.96 BALANCE $0.00 $43,390.85 $0.00 $43,390.85 Fund(s): ST 34 Comments: RECOMMENDATION: City staff recommends that the construction contract be awarded to Bridges Specialties, Inc. of Corpus Christi, Texas in the amount of $1,271,906.13 for JFK Causeway Area Improvements BOND 2012 for the total Base Bid plus Additive Alternative No.1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5405E705\@BCL@5405E705.DOCX PROJECT BUDGET ESTIMATE JFK Causeway Area Improvements BOND 2012 PROJECT FUNDS AVAILABLE: Street Bond 2012 $ 650,000.00 Water CIP 560,677.57 Wastewater CIP 523,167.37 TOTAL 1,733,844.94 FUNDS REQUIRED: Construction: Construction (Bridges Specialties) 1,271,906.13 Streets 531,635.85 Water 290,436.22 Wastewater 449, 834.06 Contingency (7.5%) 95,392.96 Construction Materials Testing (Rock) 8,774.00 Construction Inspection (In House) 52,000.00 Design Fees: * Engineering (Urban Engineering) 172,720.00 RH Shackelford, Inc 8,543.00 Geotechnical Study and Testing (Rock) 15,100.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (1.75%) 30,342.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.00%) 34,676.00 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL 1,690,454.09 ESTIMATED PROJECT BUDGET BALANCE $ 43,390.85 * Original Contract Awarded on January 29, 2013 - M2013-025 ‘t• Corpus Chr sti Capital Programs JFK Causeway Area Improvements BOND 2012 Council Presentation August 25, 2015 Project Scope • DO• C'S Seafood and Steaks Snoopy's Pier rJ� Project was Coord. w/TxDOT GLO & USACE (Permit) (L.4) Corpus Chr sti Capital Programs Project includes: • Access road improvements on the south side of the causeway • New wastewater, water and gas lines • New fire hydrant • New wastewater lift station Project Schedule Corpus Chr sti Capital Programs 2013 2014 2015 2016 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q Jan Feb Mar Apr Design May Jun Jul Aug Bid Sep Oct Nov Dec Jan Feb Construction Project Estimate: 180 Calendar Days 6 Months DOC'S Seafood and Steaks Snoopy's Pier LOCATION MAP NOT TO SCALE Aft I PROJECT LOCATION lid Project was Coord. w/TxDOT GLO & USACE (Permit) 1, 414 4 Y PROJECT: E12107 JFK Causeway Area Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Agreement for temporary tax abatement for the development located in the 6000 block of Bear Lane CAPTION: Resolution authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement PURPOSE: Granting a tax abatement to Cameron International for a term of up to eight years. BACKGROUND AND FINDINGS: Cameron International Corporation submitted an application for incentives to the City of Corpus Christi requesting tax abatement for a facility located in the 6000 block of Bear Lane. The development is located within a Texas Enterprise Zone catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, Cameron is seeking tax abatement as per section 2 (i)(3) of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad -valorem tax will be abated based on the following schedule: • Years 1-5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% Cameron International Corporation (CAM) plans to construct a new facility to serve as both new manufacturing and remanufacturing of CAM Frac Valve and Gate Valve/Components servicing South Texas and North American assets. The capital improvements will include machine tools such as CNC Horizontal Boring Mills, CNC Horizontal Machining Centers, CNC Lathes and Robotic Clad welding machines. The building and site will consist of the following: 105,405 square foot building which includes: 11,825 SF office (level 1); 11,825 SF office, 73,000 SF workshop; 8,800 SF warehouse and 10 acres of stabilized yard. The total capital investment for site, building and equipment is approximately $29 million. They will create forty (40) new jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in a catalyst area as defined by the City Council. EMERGENCY / NON -EMERGENCY: NON -EMERGENCY 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 515,032 515,032 BALANCE 515,032 515,032 Comments: The amount of property taxes for ten years, based on the City's current rate, for the unimproved property would be $10,356. With the tax abatement, the amount of property tax collected over the base amount of $10,356, will be $515,032 in new tax revenues to the City. West Oso ISD would receive more than $4 million over the next ten years from this development. RECOMMENDATION: Staff recommends approval to grant a temporary tax abatement to Cameron International, the owner of taxable property located of in the 6000 block of Bear Lane in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Resolution — Cameron Agreement - Cameron Page 1 of 3 Resolution Authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by Cameron International Corporation for the construction of a facility in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Cameron International Corporation providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Cameron International Corporation, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@8405436A Nelda Martinez Mayor Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill @BCL@8405436A Page 2 of 3 EXHIBIT A @BCL@8405436A Page 3 of 3 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, Texas ("City") and Cameron International Corporation, a foreign Delaware for profit corporation ("Owner"), the owner of taxable property in the City of Corpus Christi, Texas, located on 6045 Bear Lane, Corpus Christi, Nueces County, Texas ("Property"). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real, including certain improvements, and personal property in a zone designated for economic development purposes under the Act. 2. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of January 1, 2015, plus the agreed upon value of any Improvements made after January 1, 2015 but before the execution of this Agreement. 3. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 4. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Page 1 of 13 Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 5. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 6. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 7. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased; any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. 8. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. III. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The City represents and the Owner acknowledges that the Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. B. The City represents and the Owner acknowledges that the Nueces County Appraisal District has established the following values for the Property as of the January 1, 2015 valuation date, which is prior to the date of execution of this Agreement. Account No. 3895-0001-0020 (R249797) Improvements C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Page 2 of 13 Additional Improvements: D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and pursuant to Articles V and VI of this Agreement. The Abatement is effective with the January 1, 2016 valuation date immediately following the date of execution of this Agreement, and the Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2023 tax year (collectively, the "Abatement Period"). If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1, 2016 and expiring on December 31, 2023 and in no event may the Abatement extend beyond December 31 of the 2023 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post -construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the Abatement Period. All terms and conditions imposed upon the Owner continue in effect during the Abatement Period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement during the Abatement Period. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon a Manufacturing Facility located in an enterprise zone. Owner represents and warrants that this project will add forty (40) new jobs additional and retain one hundred fourteen (114) permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the Abatement Period. The percentage of tax abated is under the following schedule: Page 3 of 13 Percentage of Abatement Construction Period (not to exceed 2 years) 100% Year I (January 1- December 31, 2018 tax year) 100% Year 2 (January 1- December 31, 2019 tax year) 100% Year 3 (January 1 —December 31, 2020 tax year) 100% Year 4 (January 1- December 31, 2021 tax year) 75% Year 5 (January 1- December 31, 2022 tax year) 50% Year 6 (January 1 -December 31, 2023 tax year) 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full-time position providing regular work schedules at least 35 hours per week. For compliance purposes, the determination date is January 1 of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement is based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. C. At the time of execution of this Agreement, the Owner states to the City that the minimum investment comprising permanent Improvements upon completion of the Construction Phase is: $29,000,000 ("Minimum Investment"), of which $16,000,000 is eligible for tax abatement. VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. Page 4 of 13 B. Owner represents and warrants that this project will add forty (40) new jobs and retain one hundred fourteen (114) permanent or full-time operating or contract employees, and Owner will maintain the same level of employment or higher from Year 1 thru Year 6 of the Abatement Period. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of one hundred fourteen (114) permanent jobs by the January 1, 2018, no abatement is given for that tax year, and the full amount of taxes assessed against the Property is due and payable for that tax year. B. Discontinuance of Operations During Abatement Period. In the event the Facility is completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the years within the Abatement Period after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes abated for the calendar year(s) in which the default occurred by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Subject to Section VIIIB, should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement for the calendar year in which the default was not cured by the expiration of the Cure Period will be recaptured and must be paid as provided in this Agreement. E. Actual Investment. Should the Company not reach the Minimum Investment as stated in Section 6. C., the difference between the tax abated on the Minimum Investment and the tax that should have been abated based upon the actual investment as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the Abatement Period any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as Page 5 of 13 defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year during the Abatement Period is secured by a first and prior tax lien, which continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until any and all taxes, whether assessed or recaptured, are paid in full in accordance with the terms of this Agreement. H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. 1. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60 -day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. Page 6 of 13 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made during normal business hours and only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the Abatement Period, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. Submit to the Nueces County Appraisal District an Application for Property Tax Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 116). A copy must be forwarded to the City. D. Utilization of Local Contractors and Suppliers. Owner agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in Page 7 of 13 operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements, excluding any equipment related purchase contracts. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Owner agrees, during the construction of the Project and for four years after completion of the Construction Phase, to maintain written records documenting the efforts of Owner to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. E. Utilization of Disadvantaged Business Enterprises ("DBE"). Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises, women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after completion of the Construction Phase, to maintain written records documenting the efforts of Owner to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically - underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. F. Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. G. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the Abatement Period. H. Undocumented Workers. Owner does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, [Company] is convicted of a violation under §U.S.C. Section 1324a(f), [Company] shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date [Company] has been notified of the violation. X. ASSIGNMENT Page 8 of 13 A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XI. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: To the Owner: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Cameron International Corporation 1333 West Loop South Suite 1700 Houston, Texas 77027 Attn: Director of Corporate Real Estate C. Either party may designate a different address by giving the other party ten days written notice. Page 9 of 13 This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Rebecca Huerta Ronald L. Olson City Secretary City Manager APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney OWNER: CAM By: Printed Name. Title: ERNATIONAL CORPORATION H. Keith Jennings VP & Treasurer ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF Harris This instrument was acknowled ed before me on ' ZG , 2015, by N. 1:Wch - iqs Vr--ileaak.O.Cameron International Corporation, a Delaware for profit corporation, on behalf of the corporation. -,,,I!‘,SHERRY CROW °= Notary Public, State of Texas '.��.4.:T; My Commission Expires "";:liA;s4;.•' November 15, 2017 CuaiS- NOTARY PUBLIC, State of Texas Page 10 of 13 SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar -year basis during the first four years of the Abatement Period: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily -available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Page 11 of 13 Exhibit A Project Plan Cameron International Corporation (CAM) plans to construct a new facility to serve as both new manufacturing and remanufacturing of CAM Frac Valve and Gate Valve/Components servicing South Texas and North American assets. The capital improvements will include machine tools such as CNC Horizontal Boring Mills, CNC Horizontal Machining Centers, CNC Lathes and Robotic Clad welding machines. The building and site will consist of the following: 105,405 square foot building which includes: 11,825 SF office (level 1); 11,825 SF office, 73,000 SF workshop; 8,800 SF warehouse and 10 acres of stabilized yard. The total capital investment for site, building and equipment is approximately $29 million. Page 12 of 13 EXHIBIT B Property Description Being a tract situated in Corpus Christi, Nueces County, Texas, generally described as the Northeast 40.0 acres of Lot 1 of the Subdivision of the Margaret Kelly Land, as shown by map thereof recorded in Volume 8 at Page 40, Map Records of Nueces Country, Texas, and being that tract described in the Deed from Eleanor M. Kelly to The Sisters of Divine Providence, Our Lady of the Lake Convent, San Antonio, Texas, recorded Volume 972 at Page 356 of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod with a cap, found in the centerline of Bear Lane for the northeast corner of Lot 1 of the Subdivision of the Margaret Kelly Lands and the northeast corner of this tract; THENCE S 1°11'13" E along the east boundary of Lot 1 at 30.0 feet pass a 5/8 inch iron rod found for a point in the south right-of-way line of Bear Lane at 50.0 feet pass a 1/4 inch iron pipe found for the northwest corner of Lot 1, Industrial Technology Park Unit, as shown on the map thereof recorded in Volume 46 at Page 105-107, Map Records of Nueces County, Texas, and in all a distance of 1333.46 feet to a 5/8 inch road with an aluminum cap for the southeast corner of this tract; THENCE S 88°37'10" W a distance of 1307.04 feet to a 5/8 inch rod with an aluminum cap found for the southwest corner of this tract; THENCE N 1°11'13" W at 1303.46 fee pass a 5/8 inch iron rod with an aluminum cap found in the south right-of-way of Bear Lane and in all a distance of 1333.46 feet to a 5/8 inch iron rod set in the centerline of Bear Lane for the northwest corner of this tract; THENCE N 88°37'10" E along the centerline of Bear Lane, a distance of 1307.04 feet to the point of beginning, forming a tract embracing 40.01 acres, 0.90 acres of which lie within the right-of-way of Bear Lane leaving a net acreage of 39.11 acres of land, more or Tess. Page 13 of 13 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for City Council Meeting September 8, 2015 DATE: 8/10/2015 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manger SThorpe@cctexas.com 361-826-3898 Eddie Ortega, HCD Director EddieOcctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Approve the FY2015-2016 HOME Program set-aside funds. CAPTION: Motion to approve the allocation of FY2015-2016 HOME Program set-aside funds to 911 Glenoak Apartments in the amount of $300,000. PURPOSE: Purpose of the motion is for the City Council to approve the FY2015-2016 HOME Program set-aside funds for one project which has received Texas Department of Housing and Community Affairs (TDHCA) Housing Tax Credits. BACKGROUND AND FINDINGS: On February 17, 2015, the Christi Community Improvement Corporation passed a Resolution in support of the proposed affordable housing project known as 911 Glenoak Apartments who was requesting local support from the U.S. Department of Housing and Urban Developments (HUD) HOME Program funds. On July 14, 2015, City Council approved to set-aside HOME FY2015 funds for affordable housing projects which were also applying for TDHCA Housing Tax Credits. The TDHCA Board of Directors met on July 30, 2015 for a discussion on the proposed Housing Tax Credit projects. TDHCA awarded Housing Tax Credits to the 911 Glenoak Apartments projects. The City set-aside $303,966 for the HOME Housing Tax Credit proposed projects which were submitted to TDHCA for possible Housing Tax Credit Support. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: HCD requests the passing of the motion. LIST OF SUPPORTING DOCUMENTS: Attachment D FY2015 HOME ATTACHMENT "D" RECOMMENDED FY2015 HOME PROGRAM FY2015 HOME Allocation Reprogrammed Funds TOTAL FUNDS AVAILABLE FOR FY2015 HOME PROGRAM $837,740 $100,000 $937,740 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt 1 HOME Administration/Technical Assistance Administrative funds for .75 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $83,774 $83,774 $83,744 2 Homebuyer Assistance Program (up to $10,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $200,000 $200,000 $200,000 3 Rehabilitation Program Provide loans/grants to Veteran low income homeowners which will assist them with major rehabilitation or demolition/reconstruction of their homes. $350,000 $350,000 $350,000 INTERDEPARTMENTAL TOTAL $633,774 $633,774 $633,744 NON- PROFIT ORGANIZATIONS - Funding determination will be made no later than October 1, 2015 1 Glenoak Apartments (CHDO)* Glenoaks Apartments, located on 711 Glenoak, is an affordable housing multi -family community consisting of 68 units which serve low-income families, seniors, and individuals. The project will propose to demolish and reconstruct the existing complex. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. Glenoak Apartments serves residents at 30%, 50%, and 60% area median income. Total project cost: $14,002,820 $300,000 $300,000 CHDO Total $300,000 $300,000 HCD Projects Total $633,774 $633,774 $633,774 Overall Total $933,774 $633,774 $633,774 * Total Set -Aside to be determined no later than October 1, 2014 $300,000 *HOME Subrecipient Agencies who submitted HOME FY2015 funding will be awarded funding no later than October 1, 2015 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* 1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: August 4, 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 5425 Old Brownsville Road CAPTION: Case No. 0715-04 Peterson Properties, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). PURPOSE: The purpose of this item is to rezone property for a light industrial use. RECOMMENDATION: Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing a Stripes convenience store to include a 6,800 -square -foot store to be open 24 hours a day, seven days a week. The "IL" Light Industrial zoning is being requested because the fueling station will cater to heavy load vehicles for fueling, restrooms, and restaurant uses, which is classified and defined as a "truck stop with overnight accommodations" in the city's Unified Development Code. The applicant is aware the development would require an extension of the city's wastewater infrastructure to support the proposed use. It is staff's opinion that allowing the requested zoning district would encourage the extension of the wastewater trunk system in this area which largely is vacant and lacks the necessary infrastructure. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the city's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP) and is not consistent with the adopted Future Land Use Plan but with elements of the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig 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 Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the"CG-2" General Commercial District to the "IL" Light 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 Peterson Properties, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "IL" Light Industrial District, and on Tuesday, August 25, 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 Peterson Properties, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358) (the "Property"), from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 051040), 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, 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. 0715-04 Ordinance -Peterson Properties, Ltd. 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 0715-04 Ordinance -Peterson Properties, Ltd. Page 3 of 3 2.65 Acre Tract STATE, OF TEXAS COUNTY OF NUECES Job No. 40706.B4.04 June 10, 2015 Fieldnotes for a 2.65 Acre Tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, a Map of which is recorded in Volume A, Page 53, Map Records of Nueces County, Texas, Tract 1-B and Tract 6, M.M. Gabriel Land, a map of which is recorded in Volume 2, Page 22, Miscellaneous Map Records of Nueces County, Texas, a 9.980 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., a Texas limited partnership recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all ofa 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas; said 2.65 Acre Tract being more fully described as follows: Beginning, at a Texas Department of Transportation (TXDOT) Type 1 Monument (broken) Found on the Southwest Right -of -Way of North Padre Island Drive Frontage Road, the East comer of the said 0.446 Acre Tract, the North comer of the said Tract II, for an inner ell comer of this Tract; Thence, South 52'16'29" East, with common boundary line of the said Southwest Right -of -Way and the Northeast line of Tract I1, 77.28 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the East corner of this Tract; Thence, with the boundary of this Tract as follows: • South 68`51'43" West, departing said common line, over and across said Tract II, 76.87 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for in inner ell comer of this Tract; • South 52°42'24" West, 333.06 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the South corner of this Tract; • North 37°17'36" West, at 56.18 Feet, pass the Southeast boundary line of the said 2.083 Acre Tract, in all a distance of 295.18 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set on the Southeast Right -of -Way of Old Brownsville Road, the Northwest line of the said 2.083 Acre Tract, for the West comer of this Tract; S 1Sur cying1,107061840410FFICEIMETES AND BOUNDS/40706B404_2 65Acrcs Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001. www.urbanens.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit "A" Thence, North 52°4224" East, with the said common line of the said Southeast Right -of -Way of Old Brownsville Road and the Northwest line of the said 2.083 Acre Tract, at 282.24 Feet pass the West corner of the said 0.446 Acre Tract, the North corner of the said 2.083 Acre Tract, in all a distance of 387.84 Feet, to the said Southwest Right -of -Way of North Padre Island Drive Frontage Road, for the North corner of this Tract; Thence, South 37°0429" East, with the common line of the said Southwest Right -of -Way and the Northeast line of the said 0.446 Acre Tract, 241.91 Feet, to the Point of Beginning, and containing 2.65 Acres (115,428 SgFt) of land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING /..-71----'.- Keith W. Wooley, R.P.L.S. License No. 5463 S lSurveying1407061B404440706B404 2.65Acres.aocx Page 2 or2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TAPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit "A" A iv 3 7 7 mai 0 0 CO 0 N o 0 3, 3 P3P iA 'y .0 ( / �l {9 6664, r� E Y Y a 9 LZ Y Y .p e'' I, r0 'P? .. ". teC (d' v34'0 s 1 m 1'1 11,z Roomm 47)%6, ;fez C)Z 74 Q zdr xC�aA \ NN ef• (A ypn CA nen 2 T 74 F .a `p fsr. ` _O4 y "e 64_14 *0<ta-lozO.Ermits> a°c Qg� �. �Qi.N e ° Oo - 3 ..o gW U 0O io ° V8 ° 4 m-' _ `'- !� - Q 2 2 ~' -Ti q n�� 2> * z^m 0, z o 000= W O°=Q °c 0 iCa 'ao-0=23°113 pn n cy c!go�' `� 1 a n *I tti not.4 n.nao_i Q gAZ41g-atei. r it UtOI° 4 74 xQom"5 Cgis. 0i ga 22.T: ° ;'n`4 %i7r�� o c$'° l� m -da 0 0 513'1°14g 179.3.2.733Aup43 oa eR IV Aerial Overview iy 3> 80Rrvs m e R 4'4% IH37 NM' 44 BEA = Vicinity Map U � CR 28 U CR 26 r 9 MAI N FM 43 6‘'t9.41,72,Cv44 OCE,,_ FM 885 r G,y Q vu v w i7 CSU Quo ° s CR 14 tt CR 12 WHITECAP' FM 70 WINN 1 Aerial PLANNING COMMISSION FINAL REPORT Case No. 0715-04 HTE No. 15-10000038 Planning Commission Hearing Date: July 29, 2015 Applicant/Representative: Jenifer Paz/Harrison French & Associates Owner: Peterson Properties, Ltd. Legal Description/Location: Being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). 0) U) • E • & O 0 N t From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 2.65 acres Purpose of Request: To allow the development of a convenience store with truck stop and fueling. ca 0) 0 _ 0 ' E cn o M N -0 0) c O ccs = J :thX w Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Estate Residential and Vacant Commercial North "CG -2" General Commercial Commercial Light Industrial and Commercial South "CG -2" General Commercial Vacant Commercial East "CG -2" General Commercial Vacant Commercial West "IL" Light Industrial Light Industrial Light Industrial 06 0 Q c ca 0 2 'a 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 "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan but with elements of the Westside Area Development Plan. Map No.: 051040 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 480 feet of street frontage along Old Brownsville Road, which is a "A3" Primary Arterial Divided street, and 500 feet of street frontage along North Padre Island Drive (SH 358), which is a freeway. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Old Brownsville Rd. "A3" Primary Divided 130' ROW 79' paved 120' ROW 85' paved N/A SH 358 Freeway 400' ROW Varies 350' ROW 3,200 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow the development of a convenience store with truck fueling. Development Plan: The applicant is proposing a Stripes convenience store to include a 6,800 -square -foot store to be open 24 hours a day, seven days a week. The retail store will include a Laredo Taco Company restaurant with seating. Fueling stations for trucks and cars will be available with both diesel and gasoline. Parking for heavy truck traffic will be on site. The site will have access to both Old Brownsville Road and North Padre Island Drive. Existing Land Uses & Zoning: North of the subject property is zoned "CG -2" General Commercial and consists of a convenience store with fuel pumps. South and east of the subject property is vacant and is zoned "CG -2" General Commercial. West of the subject property is a light manufacturing company in the "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • High-intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of: main roads, public and institutional buildings, open space, scale of design, landscaping and other transitional land uses. — Westside Area Development Plan Land Use Statement C.5 Planning Commission Final Report Page 3 • 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 activities. — Westside Area Development Plan Land Use Statement C.6 • Complete trunk main system in Ayers Street, Old Brownsville Road, Saratoga Boulevard and portions of the Westside Plan Area south of Saratoga Boulevard — Westside Area Development Plan Public Service Statement 1.2 Plat Status: The property will need to be re -platted. Department Comments: • The "IL" Light Industrial zoning is being requested because the fueling station will cater to heavy load vehicles for fueling, restrooms, restaurant uses, which is classified and defined as a "truck stop with overnight accommodations" in the city's Unified Development Code. • Wastewater infrastructure is not available along this stretch of Old Brownsville Road. The applicant is aware the development would require an extension of the city's wastewater infrastructure to support the proposed use. • It is staff's opinion that allowing the requested zoning district would encourage the extension of the wastewater trunk system in this area, which is necessary to foster and encourage future development along this portion of Old Brownsville Road, which largely is vacant and lacks the necessary infrastructure. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area • The rezoning is consistent with elements of the city's Comprehensive Plan. • The rezoning is compatible with the adjacent neighborhood and land uses. • The zoning map amendment does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 5 outside notification area As of August 4, 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\0715-04 Peterson Properties, Ltd\Council Documents\Report for CC_0715-04 Peterson Properties, Ltd.docx SUBJECT PROPERIX 0 400 800 Feet Date G -aced: 6/24/2015 Prepared By: jeremym/ Department of/Development Service's / / CASE: 0715-04 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 —1AGNES CCIA OE-MIREUR BEAR SUBJECT / PROPERTY LOCATION MAP ilk City of Corpus Christi T Y.(4,7O15-17:59..n - the la..00A10.0 L tIOVw13-oaass Caws D ttU IX 5 F. Irma Or and Onnanarila eoWac e■\a aVtid 5. pa, X5-5-20 (II.. -1)\ Io-14-100ls propos STREET LIGHT REQUIRED AT INTERSECTION EoNAS mro o"it o A2,?�,';'."'2 aNOH �omg zH vs� ;r "��� Cx VI i moN YZ•Cn�cu -±- in cik�z�vWNo 't1 41 , q-1DCznroao 25 tri 0mDw) 4. Nyu,oar-I ro me�xx 21MQExRDv>n%ri Z PZIAAI °-1190°C10100 M &a z At ENm m^ o-gnmm - Icmm Gm O PM ra In tif amo m▪ � z G > m +u0@m o�.. II ��.11 0-, ID tNj1 �pZ N .'I.O m [7 uo,,Xen co n ao �� �mAy z� my -r �ro�2 �ptn> V3 23Z m' > (z' zps1, • +oo �c • �n o m '�w�Z rn o dim z m ; Q a m o 0 x ▪ p XII m n Ot 03N0Z3a 41 03dI1103 { 313H3NO3 GIM N eO .th m N*1 n N m mUI} 0 C) 0 - ) Z m 3 e 4 2 1 1 1 1 2 a v_ Y s T a Y tripes. mOS NN OW ORORi119R1i RO. CORPUS CI4E511. 71 75411 PROD OUNSZIk 45-14-01o14 i talaxalirai tar Num Wumm ■ . ■ • • 1? -11! • 5 • ■ ■ ■ • • ■ •�• ■ y ■ .4 . ■ . • m • j+2;5 • ■�+'.r _ C■ . •illi ■ A ■ • •�* STREET LIGHT REQUIRED AT INTERSECTION EoNAS mro o"it o A2,?�,';'."'2 aNOH �omg zH vs� ;r "��� Cx VI i moN YZ•Cn�cu -±- in cik�z�vWNo 't1 41 , q-1DCznroao 25 tri 0mDw) 4. Nyu,oar-I ro me�xx 21MQExRDv>n%ri Z PZIAAI °-1190°C10100 M &a z At ENm m^ o-gnmm - Icmm Gm O PM ra In tif amo m▪ � z G > m +u0@m o�.. II ��.11 0-, ID tNj1 �pZ N .'I.O m [7 uo,,Xen co n ao �� �mAy z� my -r �ro�2 �ptn> V3 23Z m' > (z' zps1, • +oo �c • �n o m '�w�Z rn o dim z m ; Q a m o 0 x ▪ p XII m n Ot 03N0Z3a 41 03dI1103 { 313H3NO3 GIM N eO .th m N*1 n N m mUI} 0 C) 0 - ) Z m 3 e 4 2 1 1 1 1 2 a v_ Y s T a Y tripes. mOS NN OW ORORi119R1i RO. CORPUS CI4E511. 71 75411 PROD OUNSZIk 45-14-01o14 i talaxalirai tar Num Wumm goo oct3E ill CITY OF CORPLJS CHRISTI DEVELOPMENT SERVICES P 0 Box 9277 Corpus Christi, Texas 78469-9277 (361) 826.3240 Located at 2406 Leopard (Comer of Leopard Street and Pon 1 Street Avenue) APPLICATION FOR A CHANGE OF ZONING = I a 6 Case Na.: 0715-04 Map No.: 051040 *Planning Commission Location City 7-29-15 Hearing Date: Hall Council Chambers, 1201 Leonard 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 meeting. 1. Applicant/Representative: Address (City, State, Zip): E-mail Address: Jenifer Paz - HFA Telephone: ( 479 ) 273-7780 x677 2656 S. Loop W, Suite 525 Houston, TX 77054 Cell Phone: ( 713 ) 702-0987 2. Property Owner(s): Address (City, State, E-mail Address: Peterson Properties, Ltd. Telephone: ( 361 ) 779-2009 Zip): 5830 McArdle Road # 201, Corpus Christi, Texas 78412 Partnership ❑ Corporation Cell Phone: ( ) ❑ Other Ownership Type: ■ Sole ■ 3. Current Zoning and Use: Project Address- 5425 Old CG -2 General Commercial Proposed Zoning and Use: IL Light Industrial Brownsville Rd Area of Request (sq. ft./acres) 12 -Digit Nueces County If platted, Subdivision Name: Legal description: Tax ID _1040 _ 0001 _ 0060 Block: Lot(s): 4. DOCUMENTS ATTACHED Use Statement Executed Metes and REQUIRED: ■ Land • Disclosure of Interest ■ Copy of Warranty Deed Appointment of Agent bounds if request is for a portion of a platted lot or an unplatted lot IF APPLICABLE: 1 • , I cert ' . • , t the information provided is accurate, correct and signed by all owners. L' (Owner's Signature) �IG;q y eis1- ' trjt1 Ctiet r o' n*i (Applicant's Signature) iZt°'.s.aN (Owner's Printed Namg) 6irspallip icant's Printed Name) j All signatures on this application shall be original signatures. No copied prints or faxed copies INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as or 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 Only4� ,Q fe Date Received: -1 -VS.-Received By: r' - Application Fee: / 64,g,.,51) 1 fig? SO No. Signs Required 2 X $10 Sign Fee: 20.00 Total: 1,712.50 Sign Posting Date: 6-3(1-15_ ADP: WS Form Revised 8124/I2 K 1DEVELOPMENTSVCSti,SHAREDILAND DEVELOPMEN1lORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAL120121ZONING APPLICATION 2012DOC 5-I ocwoo3s. 15-/Voo 00.3 r CITY OF CORPUS Ct-!p:5T3 DEVELOPMENT SERVICES PO Box 9277 Corpus Chnsti, Texas 784J9-92" (361)826.3240 Located al 2406 Leopard Street (Comer et -Leopard Street and Port Avenue) APPLICATION FOR A CHANGE OF ZONING Case No Map No. *Planning Commission Hearing Date: Location City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A matimum offtve applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available rneetin 1. ApplicantrRepresentative: Jenifer Paz - HFA Address (City, State, Zip): 2656 S. Loop W, Suite 525 Houston, TX 77054 E-mail Address Telephone. ( 479 ) 273-7780 x677 Cell Phone: ( 713 ) 702-0987 Property Owner(s): Peterson Properties, Ltd. Telephone: ( 361 ) 779-2009 Address (C E-mail Address ity, State, Zip): 5830 McArdle Road # 201, Corpus Christi, Texas 78412 Ownership Cell Phone: ( ) Type: ❑ Sole EDPartnership ❑ Corporation ❑ Other Current Zoning and Use CG, 2 GeneralrtCommercial Proposed Zoning and Use IL Light Industrial. Project Address 5425 Old Brownsville Rd Area of Request (sq. ft /acres) 12 -Digit Nueces County Tax 1D: 3040 0001 _ 0060 If platted, Subdivision Name: Legal description: Block: Lot(s): DOCUMENTS ATTACHED REQUIRED' *Land Use Statement 0 Disclosure of Interest IF APPLIC ® Copy of Warranty Deed ABLE 0 Executed Appointment of Agent El Metes and bounds if request is for a portion of a platted lot or an unplatted lot 1 certify that the information provided is accurate, correct and signed by all 1 -- (Owner's Signature) f l,(ut,;ot f2- jerslJu1i/ CUtlet rr' i�41 T=. (Owner's Printed Nam4+ye) '*�-✓`{�/�1 �� cant's Printed Name) ■—{h- vrik �/r' /e- r� l All signatures on this application shall be original signatures No copied prints or faxed copies INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as 0.00 - 0.99 acre 1.00 - 9.99 acres 10.00 - 24,99 acres 25 - acres Notice Sign Fee K IDEVELOPMENTSVCS1Sli of November l , 2011) $ 1,107.50 $ 1,692.50 $ 1,976.75 51,976.75 plus $50.00 per acre over 25 acres Office Use Only Date Received (Aka. " t5'.Received By Application Fee. 11,4*, ; 5'0 No. Signs Required X S10 Sign Fee Total Sign Posting Date ADP: $10.00 per sign REMAND DEVELOPACEMDORDINANCE ADMINISTRATION,APPLICATiON F08MS1FORMS Form Revised 8/24/12 S PER LEGAL\20121Z.0N1NG APPLICATION 2012 DOC P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 CITY OF CORPUS CHRISTI Located at: 2406 Leopard St, DEVELOPMENT SERVICES 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. Currently, the property is occupied by a single-family home and used for agricultural purposes. The existing structures will be removed from the site to allow for the site to be redeveloped for commercial use. The proposed rezoning will consist of 2.4 acres for the development of a new Stripes Convenience store. The proposed improvements consist of a 6,844sf store with 24 hour sales and gasoline and diesel fuel services (10 MPDs for gasoline and 4 MPDs for diesel fuel). Included in the improvements will be a subsidiary food establishment, Laredo Tacos, with seating. The site will have access from both Hwy 358 (South Padre Island Dr.) frontage road and Hwy 665 (Old Brownsville Rd.). The rezoning from CG -2 General Commercial to IL Light Industrial is needed in order to allow truck fueling, as defined under Truck Stop in the Unified Development Code. 2. Identify the existing Iand uses adjoining the area of request: North _ IL Light Industrial (across Old Brownville) South - CG -2 General Commercial East - CG -2 General Commercial (across SPID) West - CG -2 General Commercial K 1DEVELOPMENTSVCSLSHAREDILAND DEVELOPMENT\ORDINANCE ADMINISTRATIONIAPPLICA11ON FORMSSFORMS AS PER L.EGALSLAND USE STATEMENT FOR ZONING DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Scrvtces P 0 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: Peterson Properties, Ltd. STREET: 5830 McArdle Road # 201 CITY: Corpus Christi Zip: 78412 FIRM is: ❑ Corporation ❑■ 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) 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 . . information requested; and that supplemental statements will be promptly submitted to the City of Corpus risti, xas as changes o r. Certifying Person: � i'1 GJ 1G Lt~SS Title: 68-4 a r Q1/' (Print) Signature of Certifying Person; Com' Date: _ 1A < K 11EVELOPMENTSVCSSlAREOILANn DEVELOPMF,trrottnPNAVAT,M1Tii�1 };�I'.A Vt+[.IRAii FO�RMSFORMS AS PER LEGAL12t1I25DISCLoS11RE OF INTERESTS S7 ATV;MrNTI 2712 nor / i Vt « i� Ain r'v/ DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAM E: \/ PGZ STREET: I-7U�I 4' \ J N°vi f (JG(f Q t.' CITY: ."17��(i �2 P%-1(2--- FIRM L - FIRM is: ❑ Corporation xi Partnership ❑ Sole Owner ❑ Association ❑ Other ZIP: ---71/ 2_ 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 Tile and City Department (if known) Nie 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 wl� 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 1\4 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 Nig 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. J1i1_ Certifying Person: 2 Title: 11(1)1e04-- Njta-vje-t2— (Print Name) .._! Date: //'t (l S Signature of Certifying Person: CLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC 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: 5425 OLD BROWNSVILLE ROAD Legal Description (Subdivision, Lot, Block): 2.65 Ac. Tract out of Lot 10, Sect 5, Range VII of Gugenheim & Cohn's Farm Lots Applicant Name: Stripes LLC Address: 4525 Ayers Street City/State/Zip: Corpus Christi, TX 78415 Telephone: Email: michael.choate@susser.com Application Status (Select One): N Rezoning n Site Plan nStreet 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 2.65 ACRES CG -2 RESIDENTIAL 210 0.77 0.77 1.02 1.02 Resturant(Laredo Taco) 933 63.5 76 52.40 63 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 2.65 ACRES IL -Light Industrial Convenience Store(fuel) 94 10.56 254 13.57 326 Resturant(Laredo Taco) 933 63.5 76 52.40 63 Total 330 Total 389 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) S.P.I.D. Frontage Road YES Approx. 38' VARIES Old Brownsville Road YES Approx. 99' 120' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with nthe 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 riexceed 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) 2.65 Acre Tract STATE, OF TEXAS COUNTY OF NUECES Job No. 40706.B4.04 June 10, 2015 Fieldnotes for a 2.65 Acre Tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, a Map of which is recorded in Volume A, Page 53, Map Records of Nueces County, Texas, Tract 1-B and Tract 6, M.M. Gabriel Land, a map of which is recorded in Volume 2, Page 22, Miscellaneous Map Records of Nueces County, Texas, a 9.980 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., a Texas limited partnership recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all ofa 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas; said 2.65 Acre Tract being more fully described as follows: Beginning, at a Texas Department of Transportation (TXDOT) Type 1 Monument (broken) Found on the Southwest Right -of -Way of North Padre Island Drive Frontage Road, the East comer of the said 0.446 Acre Tract, the North comer of the said Tract II, for an inner ell comer of this Tract; Thence, South 52'16'29" East, with common boundary line of the said Southwest Right -of -Way and the Northeast line of Tract I1, 77.28 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the East corner of this Tract; Thence, with the boundary of this Tract as follows: • South 68`51'43" West, departing said common line, over and across said Tract II, 76.87 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for in inner ell comer of this Tract; • South 52°42'24" West, 333.06 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the South corner of this Tract; • North 37°17'36" West, at 56.18 Feet, pass the Southeast boundary line of the said 2.083 Acre Tract, in all a distance of 295.18 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set on the Southeast Right -of -Way of Old Brownsville Road, the Northwest line of the said 2.083 Acre Tract, for the West comer of this Tract; S 1Sur cying1,107061840410FFICEIMETES AND BOUNDS/40706B404_2 65Acrcs Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbanens.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Thence, North 52°4224" East, with the said common line of the said Southeast Right -of -Way of Old Brownsville Road and the Northwest line of the said 2.083 Acre Tract, at 282.24 Feet pass the West corner of the said 0.446 Acre Tract, the North corner of the said 2.083 Acre Tract, in all a distance of 387.84 Feet, to the said Southwest Right -of -Way of North Padre Island Drive Frontage Road, for the North corner of this Tract; Thence, South 37°0429" East, with the common line of the said Southwest Right -of -Way and the Northeast line of the said 0.446 Acre Tract, 241.91 Feet, to the Point of Beginning, and containing 2.65 Acres (115,428 SgFt) of land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING /..-71----'.- Keith W. Wooley, R.P.L.S. License No. 5463 S lSurveying1407061B4044t0706B404 2.65Acres.aocx Page 2 or2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TAPE, Firm # 145 • TBPLS Firm # 10032400 .04 ob -its any �A, y SAN- v��� tr wc��A� go Co-�vZazEz�> "e 64_Av Ros'x0calgFa Qor Qggn. N o\ 0 00.18 p i °' O "0 _al 1 91.—.002-0m20- .. �� ? 0. A m ,O 0003Q' 'O.4 1 iCa CO -0.23C1 ?PI/ "10SR19F+ 13 ar 2038 -"S"W-g CI. OtCn z al i o r a a Y0 a _ eca :all~ Qg^i aogz�o�f0'geQra4.1) p°§:ao0 a., 8 <qw a'� g � °'` 2 8 Nf7411.P a�c1°ate= .< xm R,T °' V. w ; c 5 G• agC0i,.nrq 81.N. a •c 3 2 0 l _ 81 p'0Z$0 oto m .. Nix -4 m i -I o yto° g A ma3A•cguaa0 a 172-3.2.733aP'v¢3 III lr vi i; R3 ! 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CORPUS CI4E511. 71 75411 PROD OUNSZIk 45-14-01o14 i talaxalirai tar Num Wumm AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: August 4, 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 1557 Waldron Road CAPTION: Case No. 0715-05 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. PURPOSE: The purpose of this item is to rezone property to allow a boat storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing a boat storage facility on 10.293 acres of land, which fronts mostly Graham Road and has access to Waldron Road. The existing zoning of "RM -1" Multifamily 1 District is not a desirable location for residential uses because of its adjacency to an "IH" Heavy Industrial District where a gas plant currently is in operation. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the city's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan's designation of the property as medium density residential, but fits in with the character of the area. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital 1111t 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District, and on Tuesday, August 25, 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 10.293 - acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road (the "Property"), from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District (Zoning Map No. 035031), 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, 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. 0715-05 Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group 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 0715-05 Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of 10.293 acres of land being out of Lot 13 and 14, Section 55, Flour Bluff Encina) Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 — 42, Map Records Nueces County, Texas Said 10.293 acre tract also being out of a 15.90 acre tract deed recorded in Document No. 20030391 14, Deed Records Nueces County, Texas. Said 10.293 acre tract being more particularly described as follows. BEGINNING at a point in the south right away of Graham Road, for the northeast corner of Lot 1, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas, and for the northwest corner of this survey. THENCE with the south right of way of Graham Road, South 61'20'34" East, a distance of 657 26 feet to a point for an outside corner of the Four Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the northeast corner of this survey. THENCE South 28'32'20" West. a distance of 327.28 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2, and fur an outside corner of this survey, THENCE North 61'27'08" West, a distance of 300.27 feet to a point for an outside corner of said Flour Bluff Gas Plant Unit 2 and for an inside corner of this survey. THENCE South 28®39'26" West, a distance of 631.62 feet to a point for the northeast corner of Lot 6, Block 1, Flour Bluff Garden Unit 2, as shown an a map recorded in Volume 36, Page 172, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE with the non!' line of said Lot 6, North 61'25'42" West, a distance of 319.10 feet to a point for the southeast corner of Lot 5, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 56, Map Records Nueces County, Texas, and for the southwest corner of this survey. THENCE with the east line of said Lot 5. North 28'34'18" East, a distance of 150.00 feet to a point for the northeast corner of -said Lot 5, and for an inside comer of this survey, THENCE North 61'26'02' Vilest, a distance of 37.14 feet to a point for an outside corner of this survey. THENCE North 28'34'18" East, a distance of213.76 feet to a point for an inside corner of this survey, THENCE North 61`20'34" West, a distance of 262.41 feet to a point in the east right of way of Waldron Road for an outside corner of this survey, THENCE with the east right of way of Waldron Road, North 28'34'18" East, a distance of 50.00 feet to a point for an outside corner of this survey THENCE South 61°20'34' East, a distance of 262.41 feet to a point for an inside corner of this survey, THENCE North 28'34' 18" East, a distance of 546.25 feet to the POINT of BEGINNING, and containing 10.293 acres of land, more or less. Notes: 1,) Bearings arc based on Global Positioning System NAD 83 (93) 4205 Datum. 1, 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. once. Ronald E. Brister, RPLS No. 5407 Date. June 30, 2015, Job No 15975 Exhibit "A" Exhibit "B" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0715-05 HTE No. 15-10000041 Planning Commission Hearing Date: July 29, 2015 Applicant & Legal Description Applicant/Representative: John Kendall and The Boston Group Owner: Cloudcroft Land Ventures, Inc. Legal Description/Location: Being 10.293 acres of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. Zoning Request From: "RM -1" Multifamily 1 District To: "CG -2" General Commercial District Area: 10.293 acres Purpose of Request: To allow the development of a boat storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Commercial and Medium Density Residential North "CG -2" General Commercial Commercial and Vacant Medium Density Residential South "RM -1" Multifamily 1 Public Semi -Public and Vacant Public Semi -Public East "IH" Heavy Industrial Heavy Industrial Light Industrial West "CG -2" General Commercial Commercial and Vacant Commercial 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 "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan, but some elements of the Flour Bluff Area Development Plan. Map No.: 035031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 260 feet of street frontage along Graham Road, which is a "01" Minor Residential Collector street, and 50 feet of street frontage along Waldron Road which is an "A2" Secondary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Graham Road. "C1" Minor Residential Collector 60' ROW 40' paved 57' ROW 18' paved N/A Waldron Road "A2" Secondary Arterial Divided 100' ROW 54' paved 86' ROW 61' paved 15,938 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District to allow the development of a boat storage facility. Development Plan: The proposed rezoning is in the Flour Bluff area. The applicant is proposing a boat storage facility on 10.293 acres of land, which fronts mostly Graham Road and has access to Waldron Road. There will be four buildings on site for a total of 295 boat stalls. Each stall will be approximately 481 square feet. One employee will remain on site. Customers will have access seven days a week during the operating hours of 8 a.m. to 5 p.m. A 10 -foot -wide buffer yard and 5 buffer yard points will be required along the property line adjacent to the "RM -1" Multifamily 1 District. Along the property lines adjacent to the "IH" Heavy Industrial, a 15 -foot -wide buffer yard and 15 buffer points will be required. Existing Land Uses & Zoning: North and west of the subject property is zoned "CG -2" General Commercial and consists of an O'Reilly Auto Parts retail store, a boat repair shop, vacant land fronting Waldron Road and Mango Car Wash. South of the subject property is zoned "RM -1" Multifamily 1 where a church, St. Peter's By the Sea, is located and vacant land. East of the subject property is zoned "IH" Heavy Industrial with a gas plant on it. 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 "CG -2" General Commercial District is not consistent with 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: - Existing industrial uses south of South Padre Island Drive and between Waldron Road and Laguna Shores should be encouraged to transition into uses compatible to adjacent proposed multi -family land uses if, and when the current uses are discontinued. — Flour Bluff Area Development Plan Policy Statement B.12 Planning Commission Final Report Page 3 - Expansion of commercial or industrial use into residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. — Comprehensive Plan Land Use Statement E Minimize the impact of commercial areas on adjacent, existing or future residential areas through the use of compact design, screening fences, open space and landscaping — Comprehensive Plan Commercial Land Use Policy B - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. — Comprehensive Plan Commercial Land Use Policy D - Encourage all business areas to develop and maintain a pleasing environment - Comprehensive Plan Commercial Land Use Policy E Plat Status: The property will need to be re -platted. Department Comments: • The existing zoning of "RM -1" Multifamily 1 is not a desirable location for residential uses because of its adjacency to an "IH" Heavy Industrial District where a gas plant currently is in operation. • A zoning of "CG -2" General Commercial District allows for an expansion of the commercial zoning to the northwest of the subject property where the O'Reilly Auto Parts retail store is located, which provides further buffer between the gas plant and the developed properties due west and to the south. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The rezoning is consistent with elements of the city's Comprehensive Plan. • The rezoning is compatible with the adjacent neighborhood and land uses. • The zoning map amendment does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 12 within 200 -foot notification area 9 outside notification area As of August 4, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 1 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 4. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0715-05 John Kendall and The Boston Group (10.293 acres)\Council Documents\Report for CC_0715-05 John Kendall and The Boston Group.docx SUBJECT PROPERTY 6eF4No N A LOCATION MAP City of Corpus Christi CASE: 0715-05 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 WALDRON RD. BOAT STORAGE BUILDING BOAT STORAGE BUILDING n - 0 n D�fTI Xnn n ` p P co 1 1 V' RC1 2 1F4 co v OD C° z mi rn Coon 0 Pi E 1 1. Development Services Dept P.D. Box 9277 Carpus Christi. Texas 78489-9277 (381) 828-3240 Located 312408 Leopard Street 4y --/D moo q REZONING APPLICATION O 1 Case No.: 07/5-0 -5-^ Map No.: 0350,3[ PC Hearing Date: 7 " a 9 - 1 S Proj.Mg Hearing Location: City Hail. Council Chambers, 1201 Leopard Street Hearing Time: 5:30 a.m. • A MAMMA OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Applicant -)-'/16' .igFr`ng.,csi , S✓'te-�4�i+- F,e �^,..�e ° ;T.. =r Contact Person :...�• .v.✓ Mailing Address: aY- ,fire% a ^s04 -7-N City: (IX .14 134.0- G E-mail 5 , roe State:„!' ZIP: s= Yy -' Phone: (3 £ / ) 54' B-74,4 Cell: (3« ) 74.0 - Contact to - 2. Property Owner(s): i ' -4-n, 1rc-A .4eL.c" Mailing Address: e S. Contact Person :_ tC. ' CSX o �.-s,vn /fin . 5'.• , re- City: c City: 4.-_`4-,e3 < f1n.r �'Tl E -mai 3. Subject Property Address: Stater ZIP' 7gfrz- Phone:(g_/....!_) 1 . Cell: I3 6 /) ft1_s"- 5 e/ 4. -,..4,4 -40-...4.-,..4,4-40-...4.-,..4,4.-,..4,4-40-......./.. /243 Area of Request (SF/acres): / ietS /19.a .3 Proposed Zoning & Use: 06-2. Current Zoning & Use. A n^ - 12 -Digit Nueces County Tax ID: Al2_ - QQ L LiQ.S` Subdivision Name: Block: Lot(s): Legal Description if not platted: /3,1s', egeS a'r e' K.PS /3 r "A -14.A. 41-4:445t- 74 o45t-f 'w e. "et.mot GCsn. TTL. 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ; with City Staff ❑ Land Use Statement ❑ Disclosure of Interest 0 Copy of Warranty Dead IF APPLICABLE ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is accurate. gr'" or Agent's gfnature 5' Applicant's lure '5.--/•"..e.-,r--e--- /C/V/rn(9-C" Oyler or Agent's Printed Name rr Office Use Only: Date Received: L11 -1.9-t 5 Received By: `3 fill`p ADP: P15 Rezoning Fee: T 1 4'4. 75 + KID Fee 1114 + Sign Fee "r ZD .00. Total Fee * 19c1/0.15 No. Signs Required 0-- ai S10/slgn Sign Posting Date Applicant's Printed Name KIDEVFJ.OPIAEHTSVCS SHAREoY.AND PEVF3OPMENWIPPUCATION FORIASWEZO atO12OHWG APPLICATION 2016000 Foam Revised Sr1212015 STATE OF TEXAS COUNTY OF NUECES Field Notes of 10.293 acres of land being out of Lot 13 and 14, Section 55, Flour Bluff Encina) Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 — 42, Map Records Nueces County, Texas Said 10.293 acre tract also being out of a 15.90 acre tract deed recorded in Document No. 20030391 14, Deed Records Nueces County, Texas. Said 10.293 acre tract being more particularly described as follows. BEGINNING at a point in the south right away of Graham Road, for the northeast corner of Lot 1, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas, and for the northwest corner of this survey. THENCE with the south right of way of Graham Road, South 61'20'34" East, a distance of 657 26 feet to a point for an outside corner of the Four Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the northeast corner of this survey. THENCE South 28'32'20" West. a distance of 327.28 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2, and fur an outside corner of this survey, THENCE North 61'27'08" West, a distance of 300.27 feet to a point for an outside corner of said Flour Bluff Gas Plant Unit 2 and for an inside corner of this survey. THENCE South 28®39'26" West, a distance of 631.62 feet to a point for the northeast corner of Lot 6, Block 1, Flour Bluff Garden Unit 2, as shown an a map recorded in Volume 36, Page 172, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE with the non!' line of said Lot 6, North 61'25'42" West, a distance of 319.10 feet to a point for the southeast corner of Lot 5, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 56, Map Records Nueces County, Texas, and for the southwest corner of this survey. THENCE with the east line of said Lot 5. North 28'34'18" East, a distance of 150.00 feet to a point for the northeast corner of -said Lot 5, and for an inside comer of this survey, THENCE North 61'26'02' Vilest, a distance of 37.14 feet to a point for an outside corner of this survey. THENCE North 28'34'18" East, a distance of213.76 feet to a point for an inside corner of this survey, THENCE North 61`20'34" West, a distance of 262.41 feet to a point in the east right of way of Waldron Road for an outside corner of this survey, THENCE with the east right of way of Waldron Road, North 28'34'18" East, a distance of 50.00 feet to a point for an outside corner of this survey THENCE South 61°20'34' East, a distance of 262.41 feet to a point for an inside corner of this survey, THENCE North 28'34' 18" East, a distance of 546.25 feet to the POINT of BEGINNING, and containing 10.293 acres of land, more or less. Notes: 1,) Bearings arc based on Global Positioning System NAD 83 (93) 4205 Datum. 1, 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. once. Ronald E. Brister, RPLS No. 5407 Date. June 30, 2015, Job No 15975 LAND USE STATEMENT The property in question is 13.95 acres and currently zoned RM -1, Multifamily. It is the owner's intent to rezone the property to CG -2, General Commercial to allow the construction of a boat storage facility. There will be four buildings on site, with a total of 295 boat stalls, the stalls will 481 square foot in area. There will be 1 employee on site customers will access the facility 7 days a week, from the hours of 8:00 am to 5:00 pm. Land uses of the adjoining areas: North - CG -2 South - RIM East - IH West - RM -1 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: $4-' .'- ti "0. Legal Description (Subdivision, Lot, Block):/3,-95&QCS dz,r 4.7S /5 t ('/ Scc. SrS' fF-+.„ r34wFF Applicant Name: 7/ir /3.0s Gam- �-� Address: 3 1'3 �"frS7 ,Z .. am 1W 5..'rr (C 7 City/State/Zip: /e ' (3c.a.G /0 83 "feo Telephone: (F'U / r Sc s ' 4'7° 7 Email: .5P4 ,41-0/T B'STmwGs. • "-V'. S Application Status (Select One): Rezoning � Site PIanjStreet 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 /3.75-- o 12M-1 ,-1.-kr/A-,4-,14y 220 - 5"s" 0 .17 0 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 fa,954/ 9r,k"95' 6'6-Z c-",,,,t.4i. - TVi 2.83 yo/ 3.5-t q, it Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) 6-1.01 /i-e0I4-t J✓ /&. l — 34, r 44' 1 For City Use Only 111 A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with the 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 In 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 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: %/6c /3. s STREET: 3 4r/ a 7 CITY: /ea' /3 m/'- t ZIP: F 3 Y Y� FIRM is: Corporation OPartnership OSoie Owner OAssociation OOther 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 N� 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:/rJC$r'� /�2tJ.--P Title: Q'��57� Eafnt Name) ((// Signature of Certifying Person. Date: KADEVELOPMENTSVCSISHAREDLLAND DEVELOPMENTWPPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT_5,12.2015.DOC DISCLOSURE OF INTERESTS CIIty of Corpus Christ Ordinance 17112, as amended, requires ail persons or firms seeking to do business with the City to provide the following information. Every tutestion must be answered if the question is not applicable, answer with 'NA', NAME: Cloudcroft Land Ventures, Inc. STREET: 701 Ayers CITY: Corpus Christi MP: 78404 FIRM it:®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) none 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or mom of the ownership in the above named "firm". Name none True 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 none Board Commission, orCommittee 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 none CERTIFICATE I cei that all information provided is true and correct as of the date of this statement, that I have not kn _ ly wi&Md disclosure of any lnionnafion requested; and that str aanenta! statements MI be promptly subm to the City of Corpus Christi, Texas as changes Dour. Certifying Person Kim Cox T Attorney -in -Fact (Print Name) Signature of Certifying Person Date. 7/13/15 icirevammera flRiE ¢RMAPPIXATIai FORIAMPEMANCOSCLOSURE OFSIIERES:SS iatkrert S.T2.2SiL000 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: J a /,'f) f m /, 7,o STREET: .576L 5. StreeFS'( 30/ CITY: C'Nn-r5T/ 7%4 ZIP: 7I FIRM is:(!cCorporation OPartnership OSole Owner OAssociation OOther 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 7t/d 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 r� 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: r Title: 11-4 rP�'�'"� (Print Name) Signature of Certifying Person: Date: r Z K:1DEVELOPMENTSVCS1SHARED1LAND DEVELOPMENTtAPPLUCATION FORMS REZONING.DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: 3" Hr ' /4 Mailing Address: S gem S, S7 7/',L,cs 7-4-- 3e / City: C'�.c.- fid" S Crit-rsri Home Phone: ( ) State: /X Zip: 7I// 3 Business Phone: ( ) �aB-76dCell: (se/ ) 77gd.-a.'� I 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. 1 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 1 will have to personally participate in the disposition of the application. I understand that ail 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, I 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 words 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 Iegal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: � Title: (9"eic ice'€"'- Printed/Typed Name of Agent: ` �"� " �f" �'''4`' Date: C - Z *Signature of Property Owner: Title: ""�l� e.- " Printed/Typed Name of Property Owner: ri`1G�'` 74--/h)-2 C T ' Date:c *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: "Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W Brown APPOIN"iMENT OF AGENT2-19-09 doc Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presenle durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0715-05 John Kendall and The Boston Group have petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property to be rezoned is described as. Being 10.293 acres of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 29, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: 4•I T11 iliVso,J Address: 33 l I2-0) / i -t 720 v-) ( ) IN FAVOR KN OPPOSITION /d City/State: alp- S �l �' %c Phone: 3(.1-23 Z -"3O 6 7 REASON: i4 -1J0 y- 0hvtAeti. IS. (4 e- S (-c."�t�t �--„S -a 5 OU.G Sign. ure SEE MAP ON REVERSE SIDE 7 2- 4 S Property Owner ID: HTE# 15-10000041in Case No. 0715-05 Project Manager: Jessica Alford City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Keith Hanson Area Resident 331 Graham Road Corpus Christi, TX 78418 0 z1 `r1. ITNI V lIOWI S 02 1M $ 00.485 0004287110 JUL 1 7 2015 MAILED FROM ZIP CODE 78412 CASE: 0715-05 SUBJECT PROPERTY WITH ZONING E•''` Subject Property I RM•1 tausel ney 1 R1A•2 Muhitamly 2 RMd HuR0.mlly 3 GN Plohaclon.l Oleo. RM -At Wel 'limey RT CN•t N.Iglrborhood Commercial CN •2 Neighborhood Commercial CR•1 R.swt Cemmerele. CR 2 CG -1 CG2 CI Cao CR.3 FR BP Resort Commercial Goma Commercial General Gemmed.' Miens .e Commercla bownlown Commercial 11.0ort Commercial Farm Run' Nitwit Overlay Busmen Park 11. URN lndo.trlal M 11...y Inesimrl.l PRO Maimed Link O.. O.ellee R11•10 Slnpla•Famly 10 RS -0 SInpleFenlyd 1111J_6 SlnpH•F.mfys RS TF TWo-FamIIV 11316 SinpM•F.mly 16 Ria Ruleemlal Edam RSTH Townhouse SP special Permit Ry Recnatmna Vehicle Park RAW wm/IclWa Home AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: August 4, 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 401 Graham Road CAPTION: Case No. 0715-06 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron and Humble Road. PURPOSE: The purpose of this item is to rezone property to allow the development of an outdoor boat storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (July 29, 2015): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change in zoning to the "CC" Commercial Compatible District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant has requested the "IL" Light Industrial District — a more intensive zoning district — because the desired "CG -2" General Commercial District does not allow for outdoor boat storage or "open storage" unless it is accessory to retail sales or indoor boat storage. The proposed development plan does not include retails sales; therefore open storage for the purpose of storing rental of boats and trailers would not be allowed. City staff believes the "CC" Commercial Compatible District would allow for a better buffer and land use transition because the subject property's adjacency to the gas plant. The "CC" District also allows for open storage for self -storage uses, which includes boat storage. It would have to be screened in accordance with the requirements outlined in UDC Article 7.4. The applicant is in agreement with Staff's recommendation of the "CC" Commercial Compatible District. ALTERNATIVES: 1. Deny the requested "IL" District and approve the "CC" District. 2. Approve the "IL" District (3/4 vote required). 3. Deny the rezoning altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with 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 lag 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 2.257 -acre tract of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts from the "RM - 1" Multifamily 1 District to the "IL" Light 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("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, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District, and on Tuesday, August 25, 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.257 - acre tract of land out of Lot 14, Section 55„ Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road (the "Property"), from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District (Zoning Map No. 035031), 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, 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. 0715-06 IL Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston GroupPage 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 0715-06 IL Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston GroupPage 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 —42, Map Records Nueces County, Texas. Said 2.257 acre tract being more particularly described as follows. COMMENCING at a point in the south right of way of Graham Road, in the north line of Lot I, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas. THENCE with the south right of way of Graham Road, South 61°20'34" East, a distance of 893.66 feet to a point. THENCE with the south right of way of Graham Road, South 61°58'44" East, a distance of 60.20 feet to a point, for the northwest corner of this survey, and for the POINT of BEGINNING. THENCE with the south right of way of Graham Road, South 61°24'28" East, a distance of 300.03 feet to a point for the northeast comer of this survey. THENCE South 28°34'57" West, a distance of 327.60 feet to a point for an outside corner of the Flour Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE North 61°25'38" West, a distance of 300.07 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2 and for the southwest corner of this survey. THENCE North 28°35'23" East, a distance of 327.71 feet to the POINT of BEGINNING, and containing 2.257 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 1, 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. acie&. eilia- Ronald E. Brister, RPLS No. 5407 Date: June 30, 2015. Job Nu. 15975 Exhibit "A" Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 2.257 -acre tract of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District, and on Tuesday, August 25, 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 John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.257 - acre tract of land out of Lot 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road (the "Property"), from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District (Zoning Map No. 035031), 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, 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. 0715-06 CC Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group 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 0715-06 CC Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 —42, Map Records Nueces County, Texas. Said 2.257 acre tract being more particularly described as follows. COMMENCING at a point in the south right of way of Graham Road, in the north line of Lot I, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas. THENCE with the south right of way of Graham Road, South 61°20'34" East, a distance of 893.66 feet to a point. THENCE with the south right of way of Graham Road, South 61°58'44" East, a distance of 60.20 feet to a point, for the northwest corner of this survey, and for the POINT of BEGINNING. THENCE with the south right of way of Graham Road, South 61°24'28" East, a distance of 300.03 feet to a point for the northeast comer of this survey. THENCE South 28°34'57" West, a distance of 327.60 feet to a point for an outside corner of the Flour Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE North 61°25'38" West, a distance of 300.07 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2 and for the southwest corner of this survey. THENCE North 28°35'23" East, a distance of 327.71 feet to the POINT of BEGINNING, and containing 2.257 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 1, 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. acie&. eilia- Ronald E. Brister, RPLS No. 5407 Date: June 30, 2015. Job Nu. 15975 Exhibit "A" Aerial Overview FM 665 2 Aerial PLANNING COMMISSION FINAL REPORT Case No. 0715-06 HTE No. 15-10000040 Planning Commission Hearing Date: July 29, 2015 Applicant & Legal Description Applicant/Representative: John Kendall and The Boston Group Owner: Cloudcroft Land Ventures, Inc. Legal Description/Location: Being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron and Humble Road. Zoning Request From: "RM -1" Multifamily 1 District To: "IL" Light Industrial District Area: 2.257 Purpose of Request: To allow the development of a boat storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Medium Density Residential North "CG -2" General Commercial Park Park South "IH" Heavy Industrial Heavy Industrial Light Industrial East "RM -1" Multifamily 1 Low Density Residential Medium Density Residential West "IH" Heavy Industrial "IH" Heavy Industrial "IH" Heavy Industrial 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 "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan or the Flour Bluff Area Development Plan. Map No.: 035031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 300 feet of street frontage along Graham Road, which is a "01" Minor Residential Collector street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Graham Road. "C1" Minor Residential Collector 60' ROW 40' paved 57' ROW 18' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District to allow the development of a boat storage facility with open boat storage. Development Plan: The proposed rezoning is within the Flour Bluff area. The applicant is proposing outdoor boat storage or self -storage on 2.257 acres. The proposed outdoor boat storage will require screening in accordance with Unified Development Code Article 7.4. At a minimum, the Unified Development Code would require a 20 -foot wide front yard on Graham Road. A buffer yard of 10 feet with 5 points would be required along the property lines abutting the "IH" Heavy Industrial District. Additionally, any structure adjacent to single-family or two-family uses will require a setback in compliance with UDC Article 4.2.8.C. This may apply to the eastern property line. A buffer yard of 15 feet with 15 points would be required along the property lines abutting the "RM -1" Multifamily 1 District. The site is proposed to have access from Graham Road. Existing Land Uses & Zoning: North and west of the subject property is zoned "CG -2" General Commercial and consists of a park. South of the subject property is zoned "IH" Heavy Industrial with a gas plant on it. East of the subject property is zoned "RM -1" Multifamily 1 and has low-density residential uses. West of the subject property is zoned "IH" Heavy Industrial and consists of an access road to the power plant. 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 "IL" Light Industrial District is not consistent with 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: - Existing industrial uses south of South Padre Island Drive and between Waldron Road and Laguna Shores should be encouraged to transition into uses compatible to adjacent proposed multi -family land uses if, and when the current uses are discontinued. — Flour Bluff Area Development Plan Policy Statement B.12 Planning Commission Final Report Page 3 - Expansion of commercial or industrial use into residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. — Comprehensive Plan Land Use Statement E Minimize the impact of commercial areas on adjacent, existing or future residential areas through the use of compact design, screening fences, open space and landscaping — Comprehensive Plan Commercial Land Use Policy B - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. — Comprehensive Plan Commercial Land Use Policy D - Encourage all business areas to develop and maintain a pleasing environment - Comprehensive Plan Commercial Land Use Policy E Plat Status: The subject property would need to be re -platted. Department Comments: • The existing zoning of "RM -1" Multifamily 1 is not a desirable location for residential uses because it is adjacent on two sides to an "IH" Heavy Industrial District where a gas plant currently is in operation. • The applicant has requested the "IL" Light Industrial District — a more intensive zoning district — because the desired "CG -2" General Commercial District does not allow for outdoor boat storage or "open storage" unless it is done in conjunction with retail sales. The proposed development plan does not include retails sales; therefore open storage for the purpose of storing rental of boats and trailers would not be allowed. • City staff believes the "CC" Commercial Compatible District would allow for a better buffer and land use transition because the subject property's adjacency to the gas plant. The "CC" District also allows for open storage for self -storage uses, which includes boat storage. It would have to be screened in accordance with the requirements outlined in UDC Article 7.4. • The "CC" District provides for a wide range of business uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. • It is staff's opinion that the proposed rezoning would provide for more compatibility with the surrounding heavy industrial and residential properties. • A "CC" Commercial Compatible District would provide for more compatibility with the surrounding heavy industrial and residential properties. • Staff's opinion is that a properly screened outdoor boat storage development would provide additional buffer between the residential uses and the heavy industrial uses, which does increase the residential desirability of this neighborhood - one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change in zoning to the "CC" Commercial Compatible District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 9 outside notification area As of July 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 1 outside notification area Totaling 10.52% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0715-06 John Kendall and The Boston Group (2.257acres)\Council Documents\Report for CC_0715-06 John Kendall and The Boston Group.docx SUBJECT PROPERTY CG -2 IH � 9 s o 10 55 Date Created: 7/14/2015 400 800 Prepared By: jeremym Feet Department of Development Services CASE: 0715-06 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 SUBJECT PROPERTY LOCATION MAP Aa iik City of Corpus Christi BOAT STORAGE BUILDING BOAT STORAGE BUILDING u w 0 0 u F. H N 1 D A tn O g 2 0 N m Development Services Dept. P.O. Box 9277 Corpus Chrtsd, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street 0 V 15- /Uu 'C'C. REZONINGAPILii-ICATION o'7/s' (9 Map No.: 0 3 -go 3 Case No.: PC Hearing Date: 7- rJ / Praj.Mgr: Hearing Location: C • unell Cham • e e- 1.01 L rd St Hearing Time: 5:30 p.m. • A MAXIMUMOF ME REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE AFPIJCAT1ONS W1Lt. NOT DE ACCEPTED. 1. Applicant: •-1,,6.-' (Z-- 5.0.4 ,+r..c:_ ,fcc r• -r -....e. Contact Person : Mailing Address: 3'7 7. API -sr r' .^� it-TfY c' r rx f 7 City: 2C14/t c.,t 4 Stale /rD ZIP: b 7%`/•' �trert+•C�a+CJ� Phone: (3 c t 1 7-e a Cell: (3E' J ,4%0 3 f C.c•- -,ci Cy_ ,G; /��. �+ 1t�, roti t-ontact Person :�?; /f" 4 /K 2. Property Owner(s). Mailing Address: ' f i� City: i'_ C-fYrt f .5 7/ S r" -a{, e 3c State: 24• ZIP' 75-'1'1'75-'1'1'Phone: ( 2 y,' } Ceg: Ls ;-_rS S"1 ii E-mail. • 3. Subject Property Address' Current Zoning & Use: 6iL.Qf-i:4 "- i r. # � Area 6f Tlayflo:+. (riFic-:_c): .+C - 2 F:te. e R r3 -L - / Proposed Zoning & u sa: I- 12 -Digit Nueces County Tax ID __ _ _. --- Subdivision Name: Block: Lot(s): Legal Description if not platted .2.- 25- Cs °t'T of E. --r /V s•rG. 4. Submittal Requirements' ❑ Early Assistance Meeting: Date Held _ ' with Ctty Staff ❑ Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit 0 Metes & Bounds Description with exhibit if property includes un -platted land (scaled by RPLS) 0 Leen Holder Authorization ❑ Appointment of Agent Form If landowner is not signing this tone I certify that l have providedao an bof ehalf Corpus the Property Owners); and Shaplete dformation provided don for review, that lis accurate. to initiate this rezoning Df ' Agents Signature 2'€7c-7 lPI A- / Yr!i II� r or Agent's Printed Name Appticant's4lgnat Applicant's Printed Name Office Use Only: Date Received: (a - t, q ` 6- Received By: 3& f nom' r. ADP: Rezoning Fee. + PUD Fee I Lori 2 5d N/A + Sign Fee ID .Q f7 = Total Fee . I1 Q Z .S0 No. Signs Required 1 © S1Dlsign Sign Posting Date' KzEYELOAFi.ENT5YC51SFW[SlhlAwD REVELOPMfHT1AAPL1Git7H FPRmSWE2aMNGtiDaN1NG ArrtJ ATlort2015.o0C Farm firmed sr122415 LAND USE STATEMENT The property in question is 2.25 acres and currently zoned RM -1, Multifamily. It is the owner's intent to rezone the property to CG -2, General Commercial to allow the construction of a boat storage facility. There will be two buildings on site, with a total of 80 boat stalls, the stalls will be 481 square foot in area. There will be one employee on site customers access the facility 7 days a week, from the hours of 8:00 am to 5:00 pm. Land uses of the adjoining areas: North - CG -2 South - IH East - RM -1 West - IH 7-19 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: Gn..a/!4/n /Z..,4 Legal Description (Subdivision, Lot, Block): .2.. ZS /0c5 o4.T of 6r / Y Sir'. F40 ‘011- 4vrr ,cN4 GRr- 3 ale -0 Tri Applicant Name: T/-sC /3• s GA. '-r. Address: 3Y3 .44$7". ^-T/f 4er /a 1 City/State/Zip: I2&X,3,•e- e 10. 13y11,0 Telephone: S'4'/ `0 7 0 7 Email: 5 00%-iz,co- TH4,'3..G4.t•t.,/ r.S Application Status (Select One): Rezoning ❑_ Site PIannStreet 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 r2.2.-" n /4./`'1--/ /"1v/—TIA. a rA Y2241 .SS d ..G7 to 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 38, yie, C6 -z edw- .-c„,L 911Z d2 P.> R ' S..re r3 S Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) 6i,,el/-e..4/'7 /L10• / — 3v • Go • For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with ❑the 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 DISCLOSURE OF INTERESTS City of Corpus Christi Ordnance 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: Cloudcroft Land Ventures, Inc. STREET 701 Ayers Cay: Corpus Christ ZIP: 78404 FIRM is °Corporation 0Partnership 0Sole Owner ()Association 0Other DISCLOSURE QUESTIONS If additional space is necessary please use the reverse side of this page or attach separate sheet. t State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in they above named "firm". Name none 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 none Title 3, State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 31 or more of the ownership in the above named "firm". Name none 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" constliuiing 3% or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE 1t�that all information provided is true and correct as of the date of this statement, that I have not knowingly disclosure of any information requested: and that supp;ernental statements will be promptly submitted to the City of Corpus Chnstf, Texas as changes occur Certifying Person Kim Cox Tim Attomey-in-Fact (Print Name) Signature of Certifying Person JtLLNV ( 7 Date 7/13/15 kiDEVELLPhearraVCSMHAREOLAND DEVIMPLeitrAlePUCA170F4 FORINSIREZIONUdaciSCLOMIKOFWT£gFstsSTATE li_&T2.2milZCC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: %/-Y� /3as r,...:.� STREET: 3Y3 4rj40 7 CITY: /e-dcxt3��-ZIP: S= 3 YY" FIRM is: Corporation ()Partnership O Sale Owner O Association O 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 N" 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. y� Certifying Person: /%ri7C c-7-- • 7Cr� P Title: il�eti-c-c� 47E int Name) ✓ Signature of Certifying Person. / _ Date: 64 -*/_S K bEVELOPMENTSVCSISHAREDILAND DEVELOPMENTIAPPLICATION FORMSIREZONINGIDISCLOSURE OF INTER ES STATEMENT 5.12 2015.0O2 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: ., STREET: S"Tr6G 5, Sr;'',c,cs'( 30/ CITY: C -.'mss e..✓e s2 f 4 FIRM is: Corporation O Partnership O Sole Owner O Association O Other ZIP: yi3 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 i 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 r� 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: / Title: 'r'`"r (Print Name) Signature of Certifying Person: Date: ' f —/S IDEVELOPMENTSVCSISHARECr,-AND DEVELOPMENTWPPLICATION FORMS%J EZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.12.2016 DOC 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: --�• N�`-' %��"�/��'4 Mailing Address: S fff4 S. STi°P4,cs S� p7.4.' 30 / City: C:/,'t 5 crVrusTr State: /x Zip: 71 Y/ 3 Home Phone: ( 1 /7i: Business Phone: ( 36, 1 Y 8 76�°Cell: (3ef ) 944 wao 3 9 I 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, I 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 words 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 binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: /"'� Title: s ie'1-6"- Printed/Typed Name of Agent: -- �"J �G '�''�'�'ce-- Date: G -- Z 9 *Signature of Property Owner - Title:Piga G/1Gt!� 741--2 c'1' Date: Printed/Typed Name of Property Owner: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOLNTMENT OF AGENT2-19-09 doc BOAT STORAGE BUILDING BOAT STORAGE BUILDING u w 0 0 u F. H N 1 D A tn O g 2 0 N m STATE OF TEXAS COUNTY OF NUECES Field Notes of 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 —42, Map Records Nueces County, Texas. Said 2.257 acre tract being more particularly described as follows. COMMENCING at a point in the south right of way of Graham Road, in the north line of Lot I, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas. THENCE with the south right of way of Graham Road, South 61°20'34" East, a distance of 893.66 feet to a point. THENCE with the south right of way of Graham Road, South 61°58'44" East, a distance of 60.20 feet to a point, for the northwest corner of this survey, and for the POINT of BEGINNING. THENCE with the south right of way of Graham Road, South 61°24'28" East, a distance of 300.03 feet to a point for the northeast comer of this survey. THENCE South 28°34'57" West, a distance of 327.60 feet to a point for an outside corner of the Flour Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE North 61°25'38" West, a distance of 300.07 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2 and for the southwest corner of this survey. THENCE North 28°35'23" East, a distance of 327.71 feet to the POINT of BEGINNING, and containing 2.257 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 1, 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. acie&. eilia- Ronald E. Brister, RPLS No. 5407 Date: June 30, 2015. Job Nu. 15975 [_ Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a este junta v clue recluieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea djri•ir.; a la commission durante la 'untsu in les limitadfavor de (lamer al deparfa,mgptgde servicios de desarrollo al riim_ ero(361) 826-3240 al menos 48 hor un interprete ser oresente durante la junta. s de iunta para s • CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0715-06 JUL 21.201 nti DEVELOPMENT SCR, ' ES L SPECIAL S RVICES John Kendall and The Boston Group have petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from medium density residential to light industrial uses. The property to be rezoned is described as: Being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encina/ Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 29, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: ,CD/We4A 2 / /,(I% Y i 7i4)/ /Vi ,Z JTY Address: 3 3 7 6,e/o-/19/ ( ) IN FAVOR (Kg -OPPOSITION REASON: %(�D c.j.,_eisz, TO 4,E572)EALE /$SU,E, /, v,el/L2 9i/e/t1 a� SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 15-10000040 #7 & #8 = 10.52% Signature City/State: 4(. 7'. Phone: 937 3,2,5, �R? /L32. ��/4}% a^ Case No. 0715-06 Project Manager: Jessica Alford City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 7 496000010020 MCINTYRE DARRELL E AND ANTHONY ANN MCINTYRE WFE 337 GRAHAM RD CORPUS CHRISTI, TX 78418 ISS PCs-, LUQ 7 to ./.. PUN/ Y BOWLS 02 1M $ 00.485 0004287110 JUL 17 2015 MAILED FROM ZIPCODE 7841 2 CG -2 SUBJECT PROPERTY St, 400 Boo Feer .I. Conker 7/I44016 (}.peeve ay Mmmym Dlpinnwtitof OaMapm.er Earle. CASE: 0715-06 SUBJECT PROPERTY WITH ZONING Subject ILA Property RM•I Ilurtllamry I RM•7 Slolulemlly 1111O1 WRdemry3 OR Professional Office RIIA1 M.ee.mly AI CRI R.Iahtmho.dCtrmmerelar CRA RelORbOIMSCd COm.1.ICM1 CR•I Resort Commercial CII -2 Resell C.mmercMI CG -1 General Ce.nmefelal CG -1 Goners! Commercial G NMnslv.Cemmerckl CRD Downlawn 4amreercle! CR-] Masan Commercial FR Fell. Mull R HUtmle Ownay BP Rueamaa Per► R Lqul Industrial N Wary lleeu.1nel PUD Planned UnR Dir. Overlay RtF IS EInB4 Feeney Id Ria Uesm•FamlyI Read Smole•F.mly1.S RS IF Two-Famly RS IS S1olp. Fanelli/ 17 RE Re.leeml.l (n1* R2-111 Ttlwnhdnle S P Special Perms fry allanal Waft* Part RM11 W+rl.eru+.n norm 1 4. J !LOCATION susJEcr OPERTY a City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intenci6n de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inales es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0715-06 John Kendall and The Boston Group have petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from medium density residential to light industrial uses. The property to be rezoned is described as. Being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 29, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRIST!, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name:Li/ e r G S o Address: 33 g A 1411,A Ro D ( ) IN FAVOR (;'"IN OPPOSITION ASON: '7- f \.fitt( Zo( I2 r7 SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000040 V 6sy gyre /f City/State: L c " (1,3 de -&-74f / Jefc i..5 Phone: 3. 1 232 -3 D C 720 r41> We y/4-- V 1 g+r,< Case No. 0715-06 Project Manager: Jessica Alford of Corpus Christi veiopment Services Dept. .0. Box 9277 Corpus Christi, Texas 78469 Keith Hanson Area Resident 331 Graham Road Corpus Christi, TX 78418 er Pos7- • d ~ _ `� '•i'IJ NEY ROWI 0 2 1M $ 00.485 0004287110 JUL 1 7 2015 MAILED FROM ZIP CODE 7841 2 Gale Creel.d' 7'J47p17 Propelled Ry jerrmym blp.xnwm of be..lepmwrS nim CASE: 0715-06 SUBJECT PROPERTY WITH ZONING Subject Properly N W 1 1Idlllamlli 1 RMI Z Nmdamlr, 2 O 11.7 Ywlllamlly O M Plslenlwu1011ke RU -AT Yubdamlly M CM 1 Meghbahmd Commercial CM 2 Itmghbwhmd Cammelclal C11-1 R.eMIC.mm.ICtet CR•2 CG -1 CG 2 Cl Cab C0.T FR M IT Resort Cammelctel Genera1Cammetctel General Commercial Intensive CammarcS OOwnlawll C.mrnncle Rnwt C.mmrletel 0.m1 01.11 Hlalerle Greeley Go*Mss Park 0. Opt Inde.lrte. M Heavy lnduledal Pito Pter.wd Una Dm/. Ovate,. O 7.10 01npte.iemlly 10 0224 $10/1•44mlly1 O E,cI 7191. fain ly II R7.TF Tem -Feel, 118.111 llnpl..Flrlllly IM Rl R2Wrnitel Cater RS -Th TewehwM EP 7Prltal Perla 0v R.etmhanal Ikhmle Pal% 0MH Wnubalund Meme SUBJECT OPERTY LOCATION MAA 1 City of Corpus Christi AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting of September 8, 2015 DATE: July 13, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 Lease Agreement with Lindy Burns dba Youga Yoga Studio for Merriman-Bobys House CAPTION: Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman-Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. PURPOSE: Lease the Merriman-Bobys House to Youga Yoga for office and studio space for its operations. BACKGROUND AND FINDINGS: The Youga Yoga Studio has requested a lease with the City of Corpus Christi for the vacant Merriman- Bobys House in Heritage Park at 1521 N. Chaparral. Youga Yoga will make a payment of $600 per month for a one year term with an option to renew annually for two years. The Merriman-Bobys House was most recently occupied by Creative Connections (Festival of the Arts). ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating XRevenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years (2016-2017) TOTALS Line Item Budget $600.00 0 $600.00 Encumbered/ Expended Amount 0 0 0 This item 0 $7,200 $7,200 BALANCE 0 $7,200 $7,800 Fund(s): Visitor's Facility Fund 4710 Comments: Lease will go into effect on September 1, 2015 with tenant paying $600 monthly. RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman- Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. 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 a lease with Lindy Burns dba Youga Yoga Studio Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. The lease is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND LINDY BURNS DBA YOUGA YOGA STUDIO STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City" or "Lessor"), acting through its duly authorized City Manager, or his designee ("City Manager"), and Lindy Bums dba Youga Yoga Studio ("Lessee"). WHEREAS, the City owns the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all Improvements thereon; ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Youga Yoga Studio upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Lease means this lease document, including all attached and incorporated exhibits. (F) Lessee means Lindy Burns dba Youga Yoga Studio. (G) Parks means the City's Park and Recreation Department. (H) Premises means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the Merriman-Bobys House, located at 1521 North Chaparral Street, in the City. (I) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its business operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a one year term beginning September 1, 2015, effective upon final City Council approval, unless sooner terminated as set out herein. This lease may be renewed for up to two additional one year terms upon written agreement of the Director and the Lessee Executive Director, at the same terms and conditions set forth herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. 3 D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 6. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, six hundred dollars per month. (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 7. Quiet Enjoyment. Lessee shall have peaceful and uninterrupted possession of the Premises, subject to Lessee's payment of rent and Lessee's compliance with the terms of this Lease, except during City approved events at Heritage Park scheduled in accordance with Section 13 (B ) below, and maintenance at Heritage Park. Section 8. Parking. (A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the general parking area of Heritage Park. If Lessee chooses to designate the parking spaces, the Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) Lessee's designated parking spaces are for use during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utilize the designated parking spaces. (C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be unreasonably utilized for purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or suppliers. Section 9. Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. 4 (B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of, and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference between a four (4) cubic yard container and a six (6) cubic yard container. (D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (E) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing security alarm system in the Premises for the term of this Lease. Lessee is responsible to contract for security alarm system monitoring at the Premises. (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of Lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. 5 Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for repairs to the exterior of the Premises unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. All of City's repair or maintenance obligations set forth in this agreement are subject to sufficient annual budget appropriations for such purpose. (B) The City will repair and maintain the heating and cooling systems at the Premises, subject to sufficient annual budget appropriations. (C) The City will repair and maintain the electrical wiring system at the Premises, subject to sufficient annual budget appropriations. (D) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and keeping in good repair the plumbing and light fixtures. (E) Lessee shall be responsible for cleaning the interior of the Premises and will supply paper goods and chemicals necessary for cleaning. (F) During Lessee's normal business hours, City may, upon reasonable notice, enter the Premises for any reasonable purpose, including but not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may access the Premises at any time for emergency repairs. (G) City maintenance to the Premises is subject to sufficient annual budget appropriations. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to fumish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City. Section 13. City Use and Special Events. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for 6 damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee acknowledges that Heritage Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for such non -Lessee use. (C) Lessee grants to Parks the right to continue to conduct free public tours through the Premises. Section 14. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 17. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk 7 Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents, displays and exhibits. Section 18. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and al! liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without !imitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's and Lessee's invitees use of the Premises and any and a!! activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or invitees or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, invitees, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. 8 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 Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Section 19. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. (B) Lessee agrees not to harm the Premises beyond normal wear and tear. (C) All approved alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 20. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 21. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Lessee is 9 allowed to permit use of the Premises by artists for fee to be established by Lessee; however, any users permitted by the Lessee are the responsibility of Lessee to indemnify and insure in compliance with Sections 18 and 19 of this Agreement. Section 22. Default. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. Section 23. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 24. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) 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. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi ily Burs • •y ouga Yoga Sdio Park and Recreation Department P. 0. Box 9277 E , Corpus Christi, Texas 78469-9277 Corpus Christi, Texas �elb i Attn: Director of Park and Recreation (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. I0 Section 25. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 26. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 27. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carver, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 28. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 29. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 30. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 32. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. 11 Section 33. Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 34. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 35. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2015. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager 12 APPROVED AS TO LEGAL FORM this fi day of , 2015. By: Lisa Aguilar �J Assistant City Attorney for City Attorney LESSEE: Date: _ I4 1 5 13 14 INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement 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, 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 named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 $500,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed, and also for any and all damage to displays and exhibits. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,0001$500,0001$500,000 15 C. In the event of accidents of any kind arising at the Premises or arising from this Lease, 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 when employing 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. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, 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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation 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: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations 16 and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • 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 suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal 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 agreement. 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 agreement. 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 agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. AGENDA MEMORANDUM First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: TO: FROM: 7/9/2015 Ronald L. Olson, City Manager E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Film Ordinance CAPTION: Ordinance repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. PURPOSE: Establish the Corpus Christi Film Commission under the leadership of the Corpus Christi Convention and Visitors Bureau (CVB) and create a process for obtaining a film permit. BACKGROUND AND FINDINGS: The CVB and the City have been working towards the development of this ordinance for over four years. The film industry can enhance the social, economic and educational landscape of a community and has proven to provide awareness of a city. When these filmmakers travel they also bring entire an entire production staff that will stay in a city's hotels, eat in a city's restaurants and provide a direct economic impact. Highlights of the proposed ordinance include: • CVB is designated as the Corpus Christi Film Commission. • CVB will host an online application for a filming permit. Proposed application fee is $25. • CVB will coordinate application review and approval through the Special Event Program Manager's Office and manage payment of fees and services. • Approval of the permit within the City will follow a similar but much faster process as special event permit applications. The CVB will hold training workshops for local filmmakers so they can become familiar with the process of obtaining a permit and how to get connected with a larger network of professionals in the industry. In addition the CVB will work with the city's Special Event Program Manager to facilitate the permitting process similar for parade, marches and special event permits. Also, once an ordinance is established the CVB will begin a marketing effort to target those in the film, television and emerging technology industries. Corpus Christi would be included in a national and international database of municipalities that provide these types of services to the film industry such as Austin, Atlanta, Brownsville and El Paso. ALTERNATIVES: Do not approve ordinance and apply special event ordinances for oversight of filming. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all ordinances. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Traffic Engineering, Police FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: Click here to enter text. RECOMMENDATION: Staff recommends approving this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation AN ORDINANCE Repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. WHEREAS, the State of Texas, through the Texas Film Commission, provides incentives for qualified production of motion pictures, television series, commercials, music videos, interactive games and animation in the State; and WHEREAS, the City of Corpus Christi benefits from the Industry's growth in the State, both economically and culturally, including through job creation, employment, construction of infrastructure, patronization of restaurants, hotels and other local businesses and rental of real property and equipment; and WHEREAS, the City is committed to meeting the needs of the Entertainment Industry while simultaneously sustaining the quality of life of its citizens and businesses; and WHEREAS, it is in the best interest of the City to utilize the Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau, which will be dedicated to meeting the needs of the Entertainment Industry and coordinating for the related needs of Corpus Christi's citizens and businesses; and WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, to establish procedures, guidelines and fees for commercial filming, which involves City property, equipment or personnel; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 53, Article VII, Section 53-208 Code of Ordinances is amended as follows: Sec. 53-208. Reserved. Motion picture event. The city manager may authorize temporary closure of a street for producing a conducting a comparable event, which will promote the city. In addition to the by section 53 195 for a contractor occupying public right of way during erection, picture or conducting the event in the city will provide sufficient favorable publicity and cconomic bcncfits to justify waivcr, the city managcr may waivc the payment of said SECTION 2. That the Code of Ordinances of the City of Corpus Christi is amended by adding Chapter 36, Article III "Procedures, Guidelines and Fees for Commercial Filming" to read as follows: "ARTICLE III. Procedures, Guidelines and Fees for Commercial Filming Sec. 36-80. Definitions. "Applicant" means the entity coordinating locations for the Production Company, who acts as the representative of the Production Company for the locations. "City Manager" means the City Manager or his/her designee, the City's Special Events Coordinator. "Element" means an activity involving or item of City of Corpus Christi property to be used during the filming. "Entertainment Industry Work" means the production of motion pictures, television series, commercials, music videos, interactive games and animation, where the final product is intended to be commercially released and/or commercially distributed. "Film Commission" means the Corpus Christi Film Commission Office at the Corpus Christi Convention and Visitors Bureau. "Local Film Maker" means any film maker that resides in the following counties: Nueces, Kleberg, Jim Wells, San Patricio, Live Oak, Bee, Refugio, Goliad, Victoria and Aransas. "Project" means the entire scope of work associated with the Filming Permit. Sec. 36-81. Purpose and Scope. The City Council recognizes there is a need to allow for commercial film -making activities in the City in a manner that protects the health, safety and welfare of the public by establishing guidelines and procedures pertinent to filming, which involves city property, equipment and personnel. These procedures govern requests for commercial use of city property (streets, right-of- ways, parks, and public facilities), commercial use of private property which may affect adjacent public or private property, and the use of city equipment and personnel in the filming of movies, TV shows, commercials, and related activities. To the extent that this Article is inconsistent with or conflicts with any provision of the Code of Ordinances, this Article supersedes any such provision (i.e., sections regarding use of city rights-of-way, temporary street closures, and any other provisions inconsistent with this Article). This Article does not apply to the filming of a public access program, the filming of a public meeting (as "meeting" is defined by Chapter 551 of the Texas Government Code), or filming conducted by an educational institution. Sec. 36-82. City and City Manager Authority. The Applicant agrees that the City shall have full control over the use of the city streets, parks, facilities and property of the City while being used in the filming, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety and welfare. The Applicant agrees to allow the respective City Departments (i.e., Police, Fire, Development Services, Risk Management, Parks and Recreation) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the City Manager. Sec. 36-83. Corpus Christi Film Commission The Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau is designated as the City's agent for the Filming Permit. The Film Commission will be the first point of contact for the Filming Industry and will administer the Filming Permit process in conjunction with the City Manager's designee. Additionally, the Corpus Christi Film Commission shall be responsible for marketing Corpus Christi, in association with the Texas Film Commission, to the Entertainment Industry and maintaining a database of local resources for entertainment production. Sec. 36-84. Permit Requirements. (1) Prior to filming that requires the prescribed use of public property (city street, right-of- way, park facility, equipment or personnel), a Filming Permit must be obtained. No Filming Permit is required by the City unless the Entertainment Industry Work is performed on Public Property. (2) Filming Permits shall be issued by the Film Commission. Permits shall be issued to the Applicant and will specify the filming that may occur at a particular location at a particular time. (3) The Filming Permit Application will be evaluated by the Film Commission and City staff, and the elements requested will be considered for approval. The Filming Permit will authorize the element(s) to be performed as part of the filming. (4) In the event that permission to perform an element is denied by the City Manager or the Film Commission, the remainder of the Filming Permit can be granted for all other aspects of the Filming for which the requirements have been met. (5) An Applicant that receives a Filming Permit is responsible for knowing and complying with all local, state and federal laws, including other ordinances and regulations that establish prerequisites, authorizations and other required permissions applicable to the filming. (6) Where permitted, filming includes advertising signs or other displays of commercial speech, and the signs and/or displays must be removed upon the expiration of the Filming Permit. (7) Notwithstanding any other part of this code, any Applicant that performs filming without receiving a Filming Permit, violates the material terms of a Filming Permit, or is otherwise in violation of this Entertainment Filming Ordinance, shall be subject to penalties as provided in Section 1-6 of the Code of Ordinances. (8) The issuance of a permit shall not grant the Applicant a constitutionally protected property interest. All applications for permits shall be in the form prescribed and shall contain the information and exhibits required by this Article. All applications for permits shall be signed by the Applicant or some representative of the Applicant having due and legal authority to enter into contracts binding upon the Applicant. (9) When more than one application is received for filming at substantially the same place and time, and the Film Commission reasonably determines that both filmings cannot logistically and/or safely occur together, the earlier or earliest of the applications that is received by the Film Commission in a substantially completed form, which includes submission of the requisite application fee, shall be given priority as to the time and place requested. The Corpus Christi Film Commission may make reasonable efforts to consult with the other applicant(s) in an attempt to find alternative times and/or locations that are acceptable. Sec. 36-85. Processing of Filming Permit Applications. (1) The Application shall include, but not be limited to, the following: (a) Filming Project Name; (b) Applicant Name, Contact Information including a valid phone number and email address, and Photo Identification; (c) Producer (or Designee's) Name and Contact Information; (d) Dates, Times and Locations of Preproduction, Filming and Wrap Activity; (e) Description of Filming Activity at each Location; Supplemental script pages, Treatments or Storyboards may be required as part of this component (f) Description of any elements that may be performed during the filming, including the dates, times and locations of each; (g) Description of any aspects of the filming, other than the elements, that may require City services; (h) Description of any assistance the Applicant may need from the Film Commission, and/or concerns the Applicant wants the Film Commission to be aware of; (i) Evidence of insurance as required in section 36-87 of this code; (j) Identification of adequate restroom facilities, waste disposal facilities and a sufficient supply of potable water to accommodate the participants during the filming activity; (k) Report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the City so as to maintain traffic safety. On -street parking or use of public parking lots is subject to City approval. The use of exterior lighting, power generators, or any other noise or light -producing equipment requires on-site approval of the City Manager. (2) Application Time - A Filming Permit Application must be submitted to the Film Commission within the time frames below: (i) Commercials or Episodic Television. A minimum of 3 business days before the filming, or any substantial activity related to the project, begins. (ii) Feature Films. A minimum of 5 business days before the filming, or any substantial activity related to the project, begins. (3) Application Fee - All applications for Filming Permits shall be accompanied by a filing fee of twenty five dollars ($25.00). The City Manager may waive this fee upon proof of an organization's non-profit status. The Application Fee is waived for Local Film Makers if they are registered filmmakers with the Film Commission. Other fees may apply (i.e. Public Right -of -Way Blockage Permit per section 53-195 of the Code of Ordinances). Sec. 36-86. Use of City Property, Equipment and Services. (1) Required Use of City Equipment and Personnel. In completing the Filming Permit Application, the Applicant will indicate additional City Equipment or Services necessary for the public safety, health and welfare of the City. The Applicant is responsible for paying the costs incurred as a result of the production activity for use of any Police, Fire, Traffic Engineering or other City Personnel assigned to the Project (whether specifically requested by the production or not). The Film Commission will facilitate contracting for use of off-duty city personnel (police, fire or other city personnel) directly. Rates for the use of any of city equipment, including police vehicles and fire equipment, will be provided at the time of application. The City Manager may, at his/her discretion, require an advance deposit for the use of city equipment through the offices of the Film Commission. Permit Fees will be due before a Filming Permit is issued. (2) Police and Fire. The Chief of Police and/or Fire Chief shall have the authority to stipulate additional Police or Fire requirements and level of staffing at any time during the Project, if it is determined to be in the best interest of public safety, health and welfare of the City. The cost of additional staff will be borne by the applicant. (3) Traffic Engineering. It shall be the duty of each Applicant to make provisions for the safe crossing of pedestrians and the orderly movement of vehicular traffic in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). If a street closure or traffic control is required, the Applicant shall be responsible for paying occupancy charges required by section 53-195. Traffic control plans must be obtained from a Professional Engineer licensed in the State of Texas and submitted to the City for approval. A review fee of one hundred dollars ($100.00) will be charged for the required review of traffic control plans submitted by an Applicant's consultant professional engineer. The Applicant is responsible for obtaining services for traffic control devices. (2) Use of City Property. The City Manager may authorize the use of any of city streets, rights-of-way, parks, facilities, the use of the City of Corpus Christi name, trademark or logo and/or the use of city equipment and/or personnel for commercial uses in the production of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the City Manager may require that any or all of the conditions as specified on the Filming Permit Application be met as a prerequisite to that use. (3) Fees for Use of City Property. Depending upon the extent of the use of city property, the Applicant agrees to reimburse the Film Commission for costs incurred when using City property. (4) Notification of Neighbors. The Applicant shall provide a short written description of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood (as defined by boundaries set by the City Manager). The Applicant, or his or her designee, shall make a demonstrated effort to notify each owner, tenant and resident of all such property 24 hours prior to filming. Sec. 36-87. Insurance Requirements, Save Harmless and Limitation of Liability. (1) Insurance Requirements. These insurance requirements follow the Texas Film Commission's insurance requirements. The producer shall furnish the City with a certificate of insurance, naming the City of Corpus Christi and the Corpus Christi Film Commission as an additional insured, in the amounts required by the City's Risk Manager, which includes an amount not less than $1,000,000.00 general liability, including bodily injury and property damage; automobile liability (if applicable) in an amount not less than $500,000.00 including bodily injury and property damage; worker's compensation to include all participants utilized in connection with filming and related activities; and employer's liability. Any City employee who is considered by the City to be in an off-duty status and who sustains injury/illness will be covered by the Applicant's workers' compensation coverage. The City of Corpus Christi reserves the right to determine and modify insurance requirements on a case-by-case basis, taking into consideration other risk factors involved in the filming activities, including but not limited to, for example, involvement or use of alcoholic beverages, car pursuits, stunts, aircraft and/or pyrotechnics. Local film makers should contact the Corpus Christi Film Commission for information about insurance requirements. (2) Save Harmless Agreement. Applicant is required to provide a save harmless agreement in which applicant agrees to defend with counsel approved by City, pay and save harmless the City, its officers and employees from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the filming; excepting any claims arising solely out of the negligent acts of the City, its officers and employees. The Applicant agrees to pay in full, within 30 days upon receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from or in connection with the filming activities and film production, and to restore the property to its original, or better than original, condition prior to the production. Film Producer/Applicant will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. (3) Limitation of Liability. This ordinance shall not be construed as imposing upon the City or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permits have been issued. The City and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit or the approval of any use of the right-of-way. Sec. 36-88. Sanitation and Clean-up. A Filming Permit may be issued only after adequate waste disposal facilities have been identified and obtained by applicant. Applicant may be required to utilize City signage addressing litter and recycling. Such signage must be returned to the City at the end of the event. Applicant will clean the right-of-way of rubbish and debris, returning it to its pre - activity condition, within 24 hours of the conclusion of the filming activity. If the applicant fails to clean up such refuse, such clean up shall be arranged by the City and the cost charged to applicant." SECTION 3. That the Corpus Christi Convention and Visitors Bureau is declared to be the Corpus Christi Film Commission, effective immediately. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 7. This ordinance takes effect 30 days after official publication. 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 IDPJ UE C IRiSTI PARKS Film Ordinance Establishing a Film Commission CO RPUSCHRISTI Council Presentation August 11, Z�Z FILM COMMISSION 2015 coRLPuM COMMsCHISSIONRISTI Film Ordinance FI • Background • Corpus Christi film history • Major motion pictures • Small local films • Commercial • No centralized hub for shepherding filmmakers • Investigating a film ordinance for last four years • Rep. Todd Hunter hosted two film summits regionally • Connected Texas Film Commission with CVB and local filmmakers coRPuscHRisii Film Ordinance FILM COMMISSION • Ordinance • Designates the CVB as the Corpus Christi Film Commission • Establishes a $25 film permit fee • Local filmmakers would have permit fee waved if they register with the Film Commission • Coordination with City's Special Event Program Manager • CVB manage payment to City for any fees and services • Effective date: October 1 • Application Process • Online app hosted by CVB • Review and approval process similar to Special Event permit process • CVB will host training and education sessions for online app and process to help local filmmakers coRPuscHRisii Film Ordinance FILM COMMISSION • Benefits • Establishes a coordinated process for dealing with requests to film in community • CVB can begin marketing effort to target the film, television and emerging technology industries • Formalize industry connection to local film makers and professionals • Corpus Christi would be included in a national & international database of municipalities that provide these types of services AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: July 6, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Closing an undeveloped and unsurfaced public right-of-way, located west Airline Road and north of Empire State Drive. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a public right-of-way to align the public right of way in conjunction with the Bordeaux Place Unit 4 plat. BACKGROUND AND FINDINGS: MPM Development, LP (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west Airline Road and north of Empire State Drive. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with the development of the Bordeaux Place Unit 4 plat. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within the dedicated 20 -foot wide public street right-of-way, or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital *Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. A 60 FT wide Drainage easement is dedicated within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 - square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. WHEREAS, MPM Development, LP ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, August 25, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, subject to compliance by the Owner 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 MPM Development, LP ("Owner"), an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right- of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west Airline Road and north of Empire State Drive public street right-of-way, as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. A 60 FT wide utility easement is dedicated within 180 days of City Council approval. 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 MURRAY BAss, JR., P.E.,R.P.LS. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 Road Closure STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com January 14, 2015 03026-M&B-Closure.doc Description of a 0.125 acre tract of land, more or Iess, for road closure, a portion of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Page 41 — 43, Map Records, Nueces county, Texas, said 0.125 acre tract is also a part of a 60' road right-of- way described by instrument recorded at Volume 1676, Page 452, Deed Records of said county, said 0.125 acre tract of land for road closure as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of said 60' road right-of-way for the easternmost or southeast corner of the tract herein described and which bears S61°00'00"E 13.78' and S29°00'00"W 200.46' from the southernmost corner of Lot 16, Block 2, Bordeaux Place Unit 1, a map of which is recorded in Volume 61, Pages 179 — 181, said map records, said beginning point being in the arc of a circular curve to the left having a central angle of 44°17'30", a radius of 200.00' and a chord bearing N83°08'45"W a distance of 150.79'; THENCE along the arc of said circular curve to the left a distance of 154.61' to the point of curvature of a circular curve to the right having a central angle of 22°10'22", a radius of 15.00' and a chord bearing S85°47'41"W a distance of 5.77'; THENCE along the arc of said circular curve to the right a distance of 5.80' to a point for south central corner of the tract herein described in the southwest right-of-way Iine of said 60' road right-of-way; THENCE N61°00'00"W 1130' along said southwest right-of-way line of 60' road right-of-way to a point for south central corner of the tract herein described in the arc of a curvature of a circular curve to the right having a central angle of 21°02'14", a radius of 15.00' and a chord bearing N28°21'45"W a distance of 5.48'; THENCE along the arc of said circular curve to the right a distance of 5.51' to the point of tangency; THENCE N17°50'38"W 83.40' to a point in said northeast right-of-way line of 60' road right-of-way for the northwest corner of the tract herein described; THENCE along said northeast right-of-way line of 60' road right-of-way S61°00'00"E 221.24' to the POINT OF BEGINNING, a sketch showing said 0.125 acre tract of land for road closure being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 CITY PARK A,p°c 't04/ D=44' 17' 30' R=200. 00' T=81. 40' L=154. 61' CB=N83' 08' 45' W CH=150. 79' 12 BORDEAUX PLACE UNIT 1, V. 61, P. 179 - 181, 13 14 15 STREET CL❑SURE TRACT, 0. 125 AC. D=22'10' 22' R=15. 00' T=2. 94' L=5. 80' CB=S85' 47' 41' W CH=5. 77' N17° 50' 38' W 83. 40' D=21° 02' 14' R=15. 00' T=2. 79' L=5. 51' CB=N28.21' 45' W CH=5. 48' BLK 2, M. R. 16 S61° 00' 00' E 13. 78' S61* 00' 00' E 221. 24' • 17 a 0 0' ROAD ROW, V. 1676, 0 P. 452, D. R. 0 0 N61° 00' 00' W 11. 30' 0 50' 100' 200' SCALES 1'= 100' EXHIBIT "B' SKETCH T❑ ACCOMPANY METES AND BOUNDS DESCRIPTION I'=100' BASS ANO WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR CLOSURE, JOB NO. 03026, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 1/14/15, SHEET 1 OF 1 I 0 fi Q ce w j - o o CYw < 0 \�OPO ��, 1 -of0-,G0\S� ��o C 973 �/3 9 LJaQ es i� L BR❑CKHAMPT❑N ST, STREET TO BE CLOSED, A P❑RTI❑N OF A DEDICATED/NOT CONSTRUCTED STREET - 0 500' 1000' 2000' SCALE: 1"= 1000' BR❑NX AVENUE EMPIRE STATE DR. CENTRAL P RK DR, WALL ST. BROOKE RD. 0 Z L❑CATI❑N MAP STREET ROW TO BE CLOSED IN PROPOSED BORDEAUX PLACE UNIT 4 1' =1000 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ROAD CLO LOC MAP, JOB NO. 03026, SCALE: 1" = 1000' PLOT SCALE: SAME, PLOT DATE: 7/6/15, SHEET 1 OF 1 BORDEAUX PLACE UNIT 4 STREET CLOSURE Bordeaux Place Unit 4 Street Closure /{y 37 upc 2 Ri 1FR o ✓ <-0,c) S' ... CN 4Rp IH 37 I HWY44 BEAR o �l� U a 17 <O CR 28 U CR 26 S FM 43 �Rgto �� FM 665 Gq Q" W Win Oco O 0 • c Z CC • CR 14 U = Y C m U CR 12 - FM 70 U WINN MAI N Vicinity Map WHITECAP BORDEAUX PLACE UNIT 4 STREET CLOSURE Bordeaux Place Unit 4 Street Closure ig 1113? UpR/Sw.$' ER a. �O cq • ��pR'1% Ilk 37 T �\ - HWY44 BEAR o p� Vicinity Map tY n co MAIN CR 28 U CR 26 -7 FM 43 sgRgTo tico ©cN, FM 665 Gq TQ : ay civ 0 • CO Z:NN OsoQ�co 0 CR14 vCC = Y -�a �'CR12FM 76 WHITECAP 4 -34 N AGENDA MEMORANDUM Future item for the City Council Meeting of August 25, 2015 Action item for the City Council Meeting of September 8, 2015 DATE: August 7, 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: Jeffrey Edmonds, P. E.,Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Five -Year Ground Lease Haas -Anderson Construction, Ltd. CAPTION: Ordinance authorizing the City Manager, or his designee, to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd. for 3.89 -acres out of a 25.06 -acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. PURPOSE: The City owns a 25.06 -acre abandoned landfill known as the Hala Pit located off of Greenwood Drive, north of Holly Road. The Police Vehicle Impound Yard has been constructed on 11.2 acres of this landfill. The adjacent landowner, Haas Anderson Construction, Ltd., has requested a third renewal of their ground lease which occupies 3.89 acres between their property and the City's impound yard area. Leases of City property extending beyond one year require City Council approval. BACKGROUND AND FINDINGS: The subject tract of land, containing 25.06 acres, was acquired by the City on March 26, 1965 from V. Hala and wife, Marie Hala. This site is located west of Greenwood Drive and north of Holly Road as shown on the attached Location Map. The tract was acquired primarily for landfill operations as a disposal site. The landfill was operated for such purposes until 1971. Since that time the land has not been used for any City operations. An affidavit of Closed Municipal Solid Waste Landfill was recorded for public record in August 2001. This notice places restrictions on the development or lease of this land as required by the Texas Health and Safety Code, Chapter 361 and Title 30, Chapter 330, Subchapters R and T, Texas Administrative Code. Since it is zoned 1-3, Heavy Industrial, the land remains suitable for surface use as a storage area of vehicles or equipment. No construction in permitted on this lease area. The lease is not assignable and can be terminated by the City with a ninety (90) day notice. In 2005, Haas -Anderson Construction, Ltd., contacted the City to lease the southern 3.89 acre portion of the 25.06 -acre tract. This acreage encompasses an area approximately 300 feet by 565.7 feet. Mr. Anderson co-owns a tract of land directly south and abutting the City property. The City entered into a five (5) year lease for $3,600 per year which began October 1, 2005 and expired on October 1, 2010. The lease was renewed for another 5 -year term in October 2010 at $4,800 per year. This lease will expire on September 30, 2015. Haas -Anderson has submitted a written request to the City for use of the 3.89 -acres for another five-year term. The City and Haas -Anderson have negotiated a renewal for another five-year term at the rental rate of $9,600.00 per year based on similar terms and conditions. The lease rate is calculated at 3.89 acres at a market value of $24,680 per acre with an annual rate of return of 10%. As part of the original lease, Haas Anderson erected a chain link security fence between their property and the City's remaining property. In addition, they have placed a caliche base on the leased area for their parking use. As part of the lease document, they will abide by the restrictions imposed by the Texas Health and Safety Code and the Texas Administrative Code for use of this closed landfill. ALTERNATIVES: 1. Execute the Ground Lease with Haas -Anderson Construction, Ltd. (recommended). 2. Do not execute the Ground Lease and retain the 3.89 -acres. (not recommended). CONFORMITY TO CITY POLICY: The ground lease is permitted by City Charter, Article IX, Section 3, Ordinance granting franchise or lease. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget Encumbered / Expended Amount Ordinance Revised Budget This item Future Anticipated Expenditures This Project BALANCE RECOMMENDATION: City staff recommends passage of the Ordinance approving the five-year ground lease with Haas -Anderson Construction, Ltd. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Ground Lease agreement Ordinance authorizing the City Manager or his designee to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd for 3.89 acres out of a 25.06 acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five- year ground lease with Haas -Anderson Construction, Ltd. for 3.89 -acres of land located next to the City's Vehicle Impound Yard off of Greenwood Drive, out of a 25.06 -acre tract of city land formerly known as the Hala Pit Landfill, to be used by Haas -Anderson Construction, Ltd. for parking of construction equipment and vehicles, and approving the cash rental fee of $9,600.00 per year for the five-year term of October 1, 2015 to September 30, 2020. SECTION 2. This ordinance is effective upon final approval by the City Council, in compliance with the City Charter of the City of Corpus Christi. SECTION 3. If for any reason, any section, paragraph, subdivision, clause, phrase or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase or word of this ordinance be given full force and effect for its purpose. 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 File :\Mproject\councilexhibits\ParkingLeaseexh2.dwg CLIA QDft i 1: LEASE LOCATION LOCATION MAP NOT TO SCALE POLICE VEHICLE IMPOUND YARD PHASE 1 .�4 LEASE SITE 3.89 AC. OUT OF 25.06 AC. HALA PIT LOCATION MAP NOT TO SCALE EXHIBIT "B" Lease: Tenant: Legal: Ground Lease, Restricted Hass Anderson Construction, Ltd. 3.89 ac. out of Lot 2, Section 5, Bohemian Colony Lands, Nueces County, Texas CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/7/2015 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND HAAS -ANDERSON CONSTRUCTION, LTD. STATE OF TEXAS § § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS This agreement, made and entered into effective as of October 1, 2015 by and between the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, hereinafter called "City" and Haas -Anderson Construction, Ltd. of Nueces County, Texas; hereinafter, called "Lessee" in consideration of the mutual covenants herein. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Engineering Department. Director means the City's Director of Engineering and designee. Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Leased Premises means that certain area of land shown on a map attached as Exhibit "A". Lessee means the Individual or company leasing the Leased Premises or assignee. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Leased Premises, or any part of the Leased Premises. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to park vehicles and use the Leased Premises as a permanent parking 1 area. Lessee may not operate the Leased Premises for any other purpose without the Director's prior written approval. Section 3. Leased Premises. The Leased Premises are certain real property, generally described as an area of land and shown on the attached and incorporated Exhibit "A". SPECIAL PROVISION: Lessee will be required to repair any soil erosion caused by usage of area for the protection of the final cap which covers waste in place. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this Lease. This Lease is made in consideration of the mutual promises and covenants contained in this Lease. SECTION 5. INDEMNITY. IN CONSIDERATION OF ALLOWING LESSEE TO USE THE LEASED PREMISES, LESSEE ("INDEMNITOR") SHALL FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, PREMISES DEFECTS, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART: (1) LESSEES PERFORMANCE UNDER THIS LEASE; (2) LESSEE'S USE OF THE LEASED PREMISES AND ANY AND ALL ACTIVITIES ASSOCIATED WITH THE LESSEE'S USE OF THE LEASED PREMISES UNDER THIS LEASE; (3) THE VIOLATION BY LESSEE, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OR BY INDEMNITEES, OR ANY OF THEM, OF ANY LAW, RULE, REGULATION, ORDINANCE, OR GOVERNMENT ORDER OF ANY KIND PERTAINING, DIRECTLY OR INDIRECTLY, TO THIS LEASE; (4) THE EXERCISE OF RIGHTS UNDER THIS LEASE; OR (5) AN ACT OR OMISSION ON THE PART OF LESSEE, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OR OF INDEMNITEES, OR ANY OF THEM, PERTAINING TO THIS LEASE, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 2 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 LEASE, LESSEE SHALL, UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND CITY IN ALL ACTIONS BASED THEREON WITH LEGAL COUNSEL SATISFACTORY TO THE CITY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND WHATSOEVER ARISING FROM ANY LIABILITY, INJURY, DAMAGE, LOSS, DEMAND, CLAIM, OR ACTION. Section 6 Insurance. A. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit "B", which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit "B", constitutes grounds for termination of this Lease. B. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Leased Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. C. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. D. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. E. In the event alcoholic beverages are to be served on or in any Leased Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. F. Lessee shall, prior to any addition or alteration to, in, on, or about the Leased Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in 3 the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 14 of this Lease. Section 7. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 8. Term. The City leases the Leased Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years, unless sooner terminated under another section of this Lease. The Lease begins October 1, 2015 and ends September 30, 2020, subject to prior termination. October 1, 2015 is the effective date of the Lease. The City will provide the yearly rent calculation for any renewal term, 90 days prior to the expiration date of this lease term. Section 9. Option to Renew. The Lessee has the option to renew this Lease for five (5) years, subject to approval by ordinance of the City Council. Lessee must exercise this option by giving the City Manager notice at least sixty (60) days prior to the last day of the term of the Lease. Section 10. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises this Lease shall terminate automatically and City may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 11. Termination of Lease. Lessor and Lessee shall each have the right to terminate this Lease upon giving the other party ninety (90) days written notice. If either Lessor or Lessee terminates this Lease pursuant to this section, Lessor will refund to Lessee an amount equal to the prorated portion of any rent paid by Lessee for the remainder of the lease term from the effective date of the notice. Lessor shall pay such amount within thirty (30) days of receiving proper written notice from Lessee. If Lessor terminates this Lease for failure of Lessee to comply with the terms of this Lease, Lessor's power to terminate this Lease can be exercised only by ordinance duly adopted after notice and hearing. Section 12. Surrender. Subject to the holdover provisions in this Lease, Lessee acknowledges and understands that the City's agreement to lease the Leased Premises to Lessee is expressly conditioned on the understanding that the Leased Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 13. Consideration. For and in consideration of the rights and privileges granted in this Lease, Lessee agrees to pay the City an annual rent of $9,600.00 (Nine 4 Thousand Six Hundred Dollars) for the entire 3.90 acres payable annually on or before October 1, 2015 and every October lst thereafter for the duration of said Lease. Section 14. Alterations. A. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Leased Premises, without the prior consent of the City Manager. Lessee has been granted access to the property by relocating south end of the fence to the north by 300 feet in order to make the room needed to utilize land for said purposes. B. Prior to making any alterations, additions, or improvements to, in, on, or about the Leased Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the City Manager for review. C. If the City Manager consents to the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction and the construction is subject to inspection by the City's Building Official, Director of Engineering Services, and their designated representatives. Section 15. Assignment and Subleasing. A. Lessee may not assign, sublet or encumber this Lease, without the prior approval of the City Council expressed by ordinance, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the City Council may delegate to the City Manager by ordinance the authority to approve a routine transfer of this Lease. B. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. C. Any attempted assignment or sublet without the prior approval of the City Council or, if applicable, the City Manager renders this Lease void. D. An assignment of this Lease under the same terms and conditions is not an amendment of this Lease. E. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. F. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this Lease may render this Lease null and void. 5 Section 16. Signs. A. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Leased Premises, or any part of this Lease, without the City Manager's prior written approval. B. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of City Manager's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Section 17. Laws Affecting Operation of Leased Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Leased Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 18. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Leased Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 19 Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 20. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 21. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term, including ground cover. Section 22. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 23. Utilities. Lessee shall pay for all utilities related to usage of Leased Premises. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 24. City Use. The City retains the right to use or cross the Leased Premises with utility lines and easements. City may exercise these rights without compensation 6 to Lessee for damages to the Leased Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Leased Premises. Section 25. Default. The following events constitute default under this Lease: (1) Failure to pay utilities before the due date. (2) Failure to perform scheduled maintenance. (3) Abandonment of the Leased Premises. (4) Failure to maintain any insurance coverages required in this Lease. (5) Failure to timely pay City invoices for the removal, repainting, or repair of any Signs at the Leased Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 26. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Leased Premises or any part of the Leased Premises in the name of the whole and, upon the entry, this Lease terminates. In the event of default by Lessee under Section 25, the City has the option to pursue any one or more of the remedies provided in this Lease or afforded the City by law, without further notice or demand and without prejudice to any other remedy: (1) The City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. (2) After retaking possession as set out in the foregoing paragraph of this section, or upon abandonment of the Leased Premises by Lessee, the City may at the City's option relet the Leased Premises or any part of the Leased 7 Premises, in the name of the City or otherwise, for a term or terms that may be less than or exceed the period that would otherwise constitute the balance of the term of this Lease. The term of such reletting by the City is evidence of the fair rental value of the Leased Premises for the balance of the term and the Lessee shall be liable to the City for the amount by which the rent and other charges due under this Lease for the balance of its term exceeds the fair rental value of the Leased Premises for that period. Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless (i) the change or modification is approved by ordinance of the City Council after two readings and publication of notice, and (ii) the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is Eusebio (Sonny) Garza, Ill, Manager of Property & Land Acquisition Division. Section 29. Notice. A. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. B. 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. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. C. All the communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Eusebio (Sonny) Garza, ill, Manager Property & Land Acquisition Division P. 0. Box 9277 Corpus Christi, Texas 78469-9277 Fax: (361) 826-3501 IF TO LESSEE: Haas -Anderson Construction, Ltd clo Jim Anderson P. O. Box 7692 Corpus Christi, Texas 78467 Fax: U D. Either party may change the address to which notice is sent by using a method set out in this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. 8 Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 31. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 32. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 34. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Section 35. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 37. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. 9 B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 38. Venue. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 39. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Leased Premises to be used in the operations. Section 40. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 41. Acknowledgment. Each party expressly agrees that it has independently read and understands this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or by his designee. Section 42. Environmental Quality. A. Lessee acknowledges prior use of land which indicates that portions or all of Hala Pit Landfill is a closed municipal solid waste landfill. B. Lessee acknowledges receipt and acceptance of this notice required by the Texas Health and Safety Code and the Texas Commission on Environmental Quality ("TCEQ") rules of the Texas Administrative Code. C. Lessee acknowledges acceptance and has in its possession a spill prevention plan that abides by the Spill Prevention, Control and Countermeasure Regulation under the United States Environmental Protection Agency. Prior Use User acknowledges that all or portions of Hala Pit Landfill was a closed municipal solid waste landfill, and acknowledges receipt and acceptance of this notice required by Section 361.539 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality's rules in Section 330.962 of Title 30, Texas Administrative Code. 10 User acknowledges that the City does not represent the land covered by this Lease is suitable for User' s intended use. User agrees to: (a) Comply with all applicable Federal and State of Texas laws and regulations applicable to construction and operation of the facilities contemplated by User on the easement granted herein, including those applicable to closed municipal solid waste landfills and the regulations relating to same including, but not limited to, Chapter 361 of the Texas Health & Safety Code and Title 30, Part1, Chapter 330, Subchapter T, Rule § 330.963, Texas Administrative Code. (A copy of the current version of Rule § 330.963 is attached to and incorporated into this Lease.) (b) Not to disturb the integrity and function of the final cover, all components of the containment system, and any monitoring systems, without authorization of the TCEQ. (c) Take any action deemed necessary by the TCEQ to restore the final cover, any component of the containment system, or monitoring systems disturbed by the construction, maintenance or operation of any facilities proposed by User. (d) Conduct soil test as required by 30 TAC Rule § 330.953 before undertaking any development of the property, if applicable. (e) Obtain a development permit from the TCEQ before commencing any construction of an enclosed structure, as required by 30 TAC Rule § 330.954(a), if applicable. (f) Register any existing structures owned or being used by the User, if required by 30 TAC Rule § 330.954(c) or TCEQ. (The Director has a copy of the list of structures the City has registered with TCEQ.), if applicable. (g) Prepare any needed modifications to the Site Operating Plan, if required by 30 TAC Rules §§ 330.959(4) and 330.257(r) or TCEQ. (The Director has a copy of the current Site Operating Plan that was submitted to TCEQ.) (h) Prepare a Structures Gas Monitoring Plan, if required by 30 TAC Rule § 330.959(5) or TCEQ. (The Director has a copy of the current Structures Gas Monitoring Plan that was submitted to TCEQ.) (i) Install landfill gas monitoring equipment in any enclosed structures owned or being used by the User, if required by 30 TAC Rule § 330.959 or TCEQ. (The City has installed and maintains gas monitoring equipment in some enclosed structures on the site, as part of the City's Structures Gas Monitoring Plan approved by TCEQ. The City does not warrant that the enclosed structures are suitable, safe for use by adults or children, or do not pose a potential health threat to adults or children. The User may install additional landfill gas monitoring equipment in any enclosed structures used by the User, if the User or 11 its officers, members, employees, agents, contractors, or invitees are concerned with the air quality within the enclosed structures.) (j) Operate any landfill gas monitoring equipment installed by the User and maintain all necessary records, as required by 30 TAC Rule § 330.960. Copies of all required records shall be submitted to the Director on a monthly basis. (k) Prevent the ponding of water on any property under the User's control. (I) Submit plans to control the drainage of storm waters from any structures used by the User to the Director for review and approval. (m) Hold the City harmless and indemnify City for any claims, penalties, or violations that result from User' s, its assigns, or their agents disturbance of the said closed municipal solid waste landfill. TEXAS ADMINISTRATIVE CODE Title 30. ENVIRONMENTAL QUALITY Part 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Chapter 330. MUNICIPAL SOLID WASTE Subchapter T. USE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS Rule § 330.963 Notice to Buyers, Lessees, and Occupants (a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall prepare a written notice stating the former use of the facility, the legal description of property, notice of the restrictions on the development or lease of the land imposed by this subchapter and the Texas Health and Safety Code, Chapter 361, Subchapter R, and the name of the owner. The owner shall file for record the notice in the real property records of the county in which the property is located. (b) An owner of land that overlies a closed MSW landfill shall notify each lessee and each occupant of a structure that overlies the unit of: (1) the land's former use as a landfill; and (2) the structural controls in place to minimize potential future danger posed by the MSW. 12 V.T.C.A., Health & Safety Code s 361.537 § 361.537. Lease Restriction; Notice to Lessee A person may not lease or offer for lease land that overlies a closed municipal solid waste landfill facility unless: (1) existing development on the land is in compliance with this subchapter; or (2) the person gives notice to the prospective lessee of what is required to bring the land and any development on the land into compliance with this subchapter and the prohibitions or requirements for future development imposed by this subchapter and by any permit issued for the land under this subchapter. EXECUTED IN TRIPLICATE, each of which shall be considered an original, on the day of , 2015. By: STATE OF TEXAS § § COUNTY OF NUECES § LESSEE: Haas -Anderson Construction, Ltd This instrument was acknowledged before me on , 2015, by , as , on behalf of Haas -Anderson Construction, Ltd, a Texas limited liability company.. Notary Public, State of Texas 13 LESSOR: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Valerie H. Gray, P.E. City Secretary Executive Director of Public Works APPROVED AS TO LEGAL FORM: , 2015. Janet Kellogg Assistant City Attorney For City Attorney STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Valerie H. Gray, P.E., Executive Director of Public Works of the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 14 c • A. " IA1 14 4t ". 47.—A •$'14-a " . 4t4" V14r. 1.1w,4 ,i c 1 It 7 , - KlAirft CITY OF CORPUS CHRISTI HALA PIT 25.06 ACRES 011 -- INN aw 44 17 loft, LEASED AREA - 3.89 acres 300 ft. by 565 ft. 11.3 EXHIBIT A File :\Mproject,councilexhibits\PorkingLeoseexh2.dwg 0 © CC M JG 2 a, 0 r LEASE LOCATION POLICE VEHICLE IMPOUND YARD LOCATION MAP NOT TO SCALE S°UTh p 40,9e /SLriv LEASE SITE 3.89 AC. OUT OF 25.05 AC. 1-IALA PIT LOCATION MAP Nor TO SCALE Lease: Ground Lease, Restricted Tenant: Hass Anderson Construction, Ltd. Legal: 3.89 ac. out of Lot 2, Section 5, Bohemian Colony Lands, Nueces County, Texas CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/7/2015 EXHIBIT 5 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. B. Lessee must furnish to the City's Risk Manager and Director of Capitol Programs, one (I) copy 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 Iisted 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 Bodily Injury and Property Damage cancellation, non -renewal, material change or termination required on alI certificates and policies. Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: $I,000,000 Per Occurrence I. Commercial Broad Form 2. Premises -- Operations 3. Products.Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury- Advertising Injury 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 I0 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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 renewal certificates of insurance throughout the term of this contract and any extensions within I0 days of the policy expiration dates. 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, alI 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; • 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 (I0) 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 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. 2015 Insurance Requirements Capital Programs Hass Anderson Construction, Ltd. e Lease Agreement 7/24:'2015 ds Risk Management AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting of September 8, 2015 DATE: August 5, 2015 TO: Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent Peterd@cctexas.com (361) 826-3893 An Ordinance clarifying the Corpus Christi Marina Boundaries as they are defined in the City of Corpus Christi Code of Ordinances CAPTION: Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2-264 and 12-40 regarding Corpus Christi Marina definitions PURPOSE: Clarification of the Corpus Christi Marina Boundaries as they are defined in the City of Corpus Christi Code of Ordinances BACKGROUND AND FINDINGS: The Corpus Christi code of ordinances contains two contradictory marina boundary definitions. The boundaries of the Corpus Christi Marina outlined in Chapter 12 Boats, Bays and Waterways are in contradiction to those contained in Division 25 Marina Advisory Committee. For clarification of responsibilities and jurisdiction, the Marina Department under the advisement of the City Attorney requests that the boundary definition contained in Chapter 12 be revised to reflect the boundaries defined in Division 25. ALTERNATIVES: Retain the contradictory Marina Department boundaries as currently defined in the City Code of Ordinances OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: NON -EMERGENCY DEPARTMENTAL CLEARANCES: Marina Department Marina Advisory Committee Legal Department FINANCIAL IMPACT: Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Accept the attached revision to the Corpus Christi code of ordinances LIST OF SUPPORTING DOCUMENTS: Ordinance — Marina Boundary Revision Map - Illustration of 1958 & 2007 Marina Boundaries Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2- 264 and 12-40 regarding Corpus Christi Marina definitions BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 2 of the City Code of Ordinances, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Section 2-260 is amended to revise the Marina Advisory Committee membership and Section 2-264 is amended to revise the boundaries of the Corpus Christi Marina as follows, to delete the text shown as strike -through text, and add the text shown as underlined text, as follows: "DIVISION 25. - MARINA ADVISORY COMMITTEE Sec. 2-260. - Created; membership; terms; filling vacancies. (a) There is hereby created the Marina Advisory Committee. The committee shall be composed of nine (9) members appointed by the city council. (b) Notwithstanding subsection (a), the current members of the Water/Shore Advisory Committee shall be appointed to the initial two-year term of the Marina Advisory Committee or appointed to the initial two-year term of the Watershore and Beach Advisory Committee, as requested by the member by notification to city secretary, subject to city council approval, along with such other persons appointed by city council as necessary to total nine (9) members for each committee. Upon said appointments, the Water/Shore Advisory Committee is hereby abolished. Of the nine (9) members, one (1) shall be a scientist, i.e., marine biologist; one (1) shall be an engineer; and one (1) shall be an environmentalist and one (1) shall be a representative of a restaurant located within the boundaries of the marina Corpus Christi Downtown Management District. (c) In the succeeding term, five (5) members shall serve a two-year term and four (4) members a one-year term, as determined by drawing. Thereafter, all terms shall be two (2) years. (d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to fill the unexpired term. (e) The chairperson of the Marina Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-261. - Rules of procedure; officers. The committee shall adopt its own rules of procedure. At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice -chairperson to serve during the first term. Thereafter, a committee chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms expiring each September Page 1 1. Said election shall be held each year at the first regular meeting after appointments to fill expiring terms. (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-262. - Duties. The Marina Advisory Committee shall advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) Assist the city council in providing for the orderly, planned development and use of the marina. (2) Review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina. Review and recommend to the city council the feasibility of development, improvements, maintenance or proposed uses for the marina. (3) (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-263. - Minutes; staff support. The City Manager shall appoint a staff member to keep minutes of the committee and prepare such assistance as the committee may request. (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-264. - Definitions. In this division, the terms below mean as follows: Marina: fronting Shoreline Blvd. from the breakwater terminus at north of South (McGcc) B ch to its junction at the foot of Breakwater Avenue. All structures, waters, and lands within the area enclosed by the breakwater fronting Shoreline Blvd. from the breakwater terminus at north of South (McGee) Beach to its junction at the foot of Breakwater Avenue thus forming the eastern boundary. The western boundary heading south along the water's edge to the intersection of Canal Avenue and the Texas State Aquarium thence westward along the water's edge to the intersection of the North Corpus Christi Ship Channel junction at East Surfside Blvd., thence south across the ship channel to the intersection of North Chaparral Street, turning east following the concrete seawall water's edge along south Corpus Christi Ship Channel to the corner of the South Texas Art Museum continuing south along the water's edge of the concrete seawall terminating at north end of the South (McGee) Beach breakwater." SECTION 2. That Chapter 12 of the City Code of Ordinances, Boats, Bays and Waterways, Article II, Marina, Section 12-40, is amended to revise the definition for the boundaries of the Corpus Christi Marina as follows, to delete the text shown in strike - through text, and add the text shown as underlined text, as follows: Page 2 "Sec. 12-40. - Marina defined. The Corpus Christi Marina shall, for the purposes of this chapter, be defined as that body of confined within the following boundaries: Beginning at the intersection of the south property line of the U.S. engineers' property and the back or west edge of the concrete seawall; thence in a southerly direction with the west steel sheet pile and concrete cut off wall connecting thc s wall with rock br akwatcr to its intersection with the br kwatcr; thence in a northerly direction along thc center line of thc rock breakwater to its intersection with the south boundary of the ship channel to Port The Corpus Christi Marina shall, for purposes of this chapter, be defined as all structures, waters, and lands within the area enclosed by the breakwater fronting Shoreline Blvd. from the breakwater terminus at north of South (McGee) Beach to its junction at the foot of Breakwater Avenue thus forming the eastern boundary. The western boundary heading south along the water's edge to the intersection of Canal Avenue and the Texas State Aquarium thence westward along the water's edge to the intersection of the North Corpus Christi Ship Channel junction at East Surfside Blvd., thence south across the ship channel to the intersection of North Chaparral Street, turning east following the concrete seawall water's edge along south Corpus Christi Ship Channel to the corner of the South Texas Art Museum continuing south along the water's edge of the concrete seawall terminating at north end of the South (McGee) Beach breakwater." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This Ordinance takes effective upon final City Council action. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 3 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 Page 4 AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of September 1, 2015 Second Public Hearing for the City Council Meeting of September 8, 2015 DATE: August 19, 2015 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate CAPTION: Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate PURPOSE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes a tax rate that exceeds either the rollback rate or the effective tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.606264 per $100 valuation for fiscal year 2015-2016. Since this rate exceeds the effective tax rate of $0.554300 per $100 valuation, the Property Tax Code requires that the governing body schedule two public hearings on the proposal. The first public hearing will be held on Tuesday, September 1, 2015, and the second public hearing will be held on Tuesday, September 8, 2015. The vote for the final adoption of the tax rate will be held at the September 15, 2015 City Council meeting. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Office of Management and Budget FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget- - - $ 104,150,000 $ 104,150,000 Encumbered/Expended amount of (date)- - - - This item- $ 104,150,000 $ 104,150,000 BALANCE - - $ - $ - FUND(S): General Fund $64,800,000 Debt Service Fund $39,350,000 1 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ad valorem tax rate of $0.606264 per $100 valuation on September 15, 2015. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Public Hearing for the City Council Meeting of September 8, 2015 DATE: August 17, 2015 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of the Office of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing on Fiscal Year 2015-2016 Operating Budget CAPTION: Public hearing for the City of Corpus Christi Fiscal Year 2015-2016 Operating Budget for September 8, 2015 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. This public hearing and approval of budget is required by City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: 0 Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: FY 2015-2016 Operating Budget Presentation Schedule of Amendments PROPOSED OPERATING BUDGET FY 2015-2016 PUBLIC HEARING September 8, 2015 arSIN\ .\41nrEt/i) GUIDING FISCAL PRINCIPLES 1. Persist in fiscal control by: a. Putting first things first b. Living within our means 2. Execute on core mission 3. Treat all employees fairly 4. Maintain long term sustainability 5. Achieve continuous improvement M MISSION & MISSION ELEMENTS Mission The mission of the City of Corpus Christi, Texas is to deliver municipal services which meet the vital health, safety and general welfare needs of the residents and which sustain and improve their quality of life. As we work to achieve this mission, we will employfscal discipline, continuous improvement, first-rate customer service, and straightforward communications. In this work, we will tolerate no mediocrity. EMPLOYEES FUND FY 2016 General Enterprise Internal Special Subtotal Grants Total 1,787 726 274 271 3,058 119 3,177 Total Employees General Enterprise Internal Special Grant 3% 9% 9% 23% 1,784 726 292 281 3,083 109 3,192 55%) 1,784 739 299 294 3,116 107 3223 r 1 REVENUE General Enterprise Internal Special Debt Total Actual (14 Mo.) FY 2014 251,204,429 305,308,255 103,444,136 105,474,784 160,900,383 926,331,987 Total Revenue General Enterprise _ Internal Special Debt Estimated FY 2015 224,620,615 264,276,888 91,297,020 100,472,367 116,363,180 797,030,070 15% 27% 12% io% 36% Proposed FY 2016 231,794,383 313,130,942 90,013,651 102,291,976 124,717,553 861,948,505 TOTAL EXPENDITURES BY FUND FUND Actual (14 Mo.) FY 2014 Estimated FY 2015 Proposed FY 2016 General Enterprise Internal Special Debt Total 251,988,223 28% 290,679,069 32% 101,798, 215 n% 93,241,278 10% 168,757,591 19% 906,464,376 loo % 230,171,996 27% 286,858,706 95,910,479 116,322,878 34% 11% 14% 114,731,044 14% 843,995,103 i00% Total Expenditures ■ General ■ Enterprise • Internal Special Debt 231,794,383 296,589,486 92,426,626 96,928,522 122,888,488 840,627,505 28% 35% 11% 12% 14% l00% 1 5 -Year Property Tax Rates 0.61 0.6 0.59 0.58 0.57 0.56 0.55 Adopted Tax Rate per $100 Valuation 2.1 cents - Voter Approved 0.570557 0.570557 0.585264 0.585264 0.606264 FY 2012 FY 2013 FY 2014 FY 2015 Proposed FY 2016 GENERAL FUND HIGHLIGHTS • Funded employee retirement obligation (to progress toward fully funded rate). • Funded transfer for Streets Traffic Management. • Funded Fire Academy — 40 Cadets. • Funded CAFR Software. • Funded Gulf Beach Trash Truck, Disposal Cans and Staff Reclassifications. • Funded Salary adjustments for Solid Waste CDL Drivers. • Funded Phase II Communications Improvements. GENERAL FUND: PROJECTED CHANGE IN FUND BALANCE Estimated Beginning Balance 10/1/15 $ 42,280,520 Projected Changes $ -o- Total Projected Ending Balance 9/30/16 $ 42,280,520 Restricted $ 23,179,438 Unrestricted $ 19,101,082 Total Projected Ending Balance 9/30/16 $ 42,280,520 Target at 25% $ 57,948,596 7 INTERNAL SERVICE/SPECIAL REVENUE • Temp Staff (1 Sr. Buyer, 1 Buyer, 2 Jr Buyers, 2 Mgmt. Aides, & 1 P -Card Assistant in Purchasing) • Continue Year 2 of multi-year Traffic Signals maintenance contract • Rebid street striping contract for multi-year contract • Year 2 - Traffic Cabinet Replacement Program • Replace street rolling stock (2 bucket trucks, 1 chip spreader, 1 backhoe and small miscellaneous equipment) • Increase asphalt maintenance contract work 7 INTERNAL SERVICES FUND: PROJECTED CHANGE IN FUND BALANCE Estimated Beginning Balance l0/1/15 $ 56,536,674 Projected Changes $ (2,412,975) Total Projected Ending Balance 9/30/2016 $ 54,123,699 Restricted $26,871,135 Reserve Catastrophic Loss/ GASB45 Liability $14,984,793 Total Restricted and Reserve $41,855,928 0 SPECIAL REVENUE FUNDS: PROJECTED CHANGE IN FUND BALANCE Estimated Beginning Balance 10/1/15 $ 66,298,251 Projected Changes $ 5,, 6 454 Projected Ending Balance 9/30/16 $ 71,661,705 ENTERPRISE FUNDS: PROJECTED CHANGE IN FUND BALANCE J Estimated Beginning Balance 10/1/15 Projected Changes Total Projected Ending Balance 9/30/16 Restricted Unrestricted $ 65,090,992 $ 58,281,519 $ 106,831,056 $ 16,541,455 $ 123,372,511 ...= SAMPLE WATER BILLS AM Usage Min $11.47 $14.12 $14.12 3,000 17.29 21.19 21.19 4,000 23.12 28.25 28.25 5,000 28.94 35.31 35.31 42.37 42.37 6,000 34.76 10,000 62.79 12,000 78.59 90.21 15,000 102.29 115.24 20,000 149.21 153.17 35,000 298.89 266.99 4o8.43 342.86 74.26 74.26 45,000 90.21 115.24 153.17 266.99 342.86 OTHER UTILITIES Wastewater (3,000) gallons $34.98 Gas $38.86 $38.86 2016 $17.14 $17.46 $17.46 SUMMARY OF AMENDMENTS General Fund Revenue Police Towing & Administrative Service Charges Expenditures Police Towing Transfer to Street Increase Reserve One Time Expenditures Transfer to Local Street Fund $36i,27o $275,000 $5,176 $81,o94 $36i,27o $1,000,000 ■ SUMMARY OF AMENDMENTS Enterprise Funds Gas Revenue Special Revenue Funds State HOT Fund Revenue Parking Improvement Rev./Exp. Street Fund Rev./Exp. Seawall Fund Expenditures Arena Fund Expenditures Business/Job Develop. Exp. $300,305 $2,900,000 $71,011 $5,176 $32,579 $258,o39 $26,652 7 KEY DATES g/15/15 - Council vote on Proposed Tax Rate 9/15/15 - 1st Reading of Proposed Operating Budget ist Reading Proposed Capital Budget g/22/i5 — 2nd Reading & Adoption of Operating Budget 2nd Reading & Adoption of Capital Budget 10/1/15 - Start of FY 2oi6 • ...41M Attachment A - Schedule of Adjustments City of Corpus Christi Amendment to the FY 2015-2016 Proposed Budget TOTAL PROPOSED REVENUES TOTAL PROPOSED EXPENDITURES $ 861,948,504 $ 840,627,505 General Fund - 1020 Proposed Revenues Adjustments: Increase Police Storage & Towing Charges Seawall Administrative Service Charges Arena Administrative Service Charges Business/Job Development Administrative Service Charges Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Police Towing expenditures Increase Transfer to Street Fund Increase Reserve Appropriation Total Adjusted Expenditures 231,794,383 275,000 32,579 27,039 26,652 232,155,653 $ 231,794,383 275,000 5,176 81,094 232,155,653 One Time Expenditures Adjustments: Transfer to Residential/Local Street Fund (per Financial Policy) $ 1,000,000 ENTERPRISE FUNDS Gas Fund - 4130 Proposed Revenues $ 40,009,429 Adjustments: Increase ICL - Residential Revenue 193,538 Increase ICL - Commercial Revenue 95,888 Increase ICL - Large Volume Revenue 5,814 Increase OCL - Commercial Revenue 1,411 Increase City Use Revenue 209 Increase Compressed Natural Gas Revenue 3,445 Total Adjusted Revenues $ 40,309,734 SPECIAL REVENUE FUNDS State Hotel Occupancy Tax Fund - 1032 Proposed Revenues Adjustments: Revenue to be received from impact of House Bill 1915 - City to receive an additional 2% Total Adjusted Revenues 2,900,000 2,900,000 Parking Improvement Fund - 1040 Proposed Expenditures Adjustments: Increase expenditures for downtown revitalization Total Adjusted Expenditures 30,000 71,011 101,011 Street Fund - 1041 Proposed Revenues Adjustments: Increase Transfer from General Fund Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Street Reserve Appropriation Total Adjusted Expenditures 30,162,421 5,176 30,167,597 $ 32,309,402 5,176 32, 314, 578 Seawall Fund - 1120 Proposed Expenditures $ 2,877,816 Adjustments: Increase Transfer to General Fund 32,579 Total Adjusted Expenditures $ 2,910,395 Arena Fund - 1130 Proposed Expenditures Adjustments: Arena Transfer to Visitors for Co -Promotion Increase Transfer to General Fund Total Adjusted Expenditures 4,670,887 231,000 27,039 4,928,926 Business/Job Dev Fund - 1140 Proposed Expenditures Adjustments: Increase Transfer to General Fund Total Adjusted Expenditures 7,488, 207 26,652 7,514,859 TOTAL AMENDED PROPOSED TOTAL AMENDED PROPOSED REVENUES EXPENDITURES $ 865,515,255 $ 842,382,232 AGENDA MEMORANDUM 1St Annexation Public Hearing for the City Council Meeting of August 25, 2015 2nd Annexation Public Hearing for the City Council Meeting of September 8, 2015 DATE: August 4, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director of Development Services dang@cctexas.com 361-826-3595 Annexation public hearings to consider the proposed Municipal Services Plan for annexing 4.08 acres of land into the territorial limits of the City of Corpus Christi CAPTION: Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance. PURPOSE: The purpose of the two required public hearings is to present the proposed Municipal Services Plan for the seven tracts of land proposed for annexation and to receive public comments. 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 annexation of seven tracts of land, encompassing 4.08 acres of land, located in the Industrial District No. 1 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. Since there are no residents of the seven tracts, due to the small size of the properties to be annexed and due to the fact that the properties can be served by existing city services, the city proposes no capital improvements for the area at this time. However, as the properties develop the City will prioritize and incorporate public improvement needs for the tracts into the City's Capital Improvement Program. Upon annexation, police, fire, emergency services, and solid waste services (residential uses only) will be provided by the City. Due to the small size of the annexation areas, lack of dwellings and location near existing served areas, costs to service the areas will be absorbed into the existing departmental budgets. Upon annexation, development of the properties will be subject to all land development codes of the City, including but not limited to the City's Unified Development Code and building permit codes. Extension of water, wastewater and gas services shall be extended by any of the methods that the City normally uses to extend these services through the City's platting regulations or the City's Capital Improvement Program. 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: No action is required other than to present the Annexation Service Plan and to take public comments LIST OF SUPPORTING DOCUMENTS: Annexation Schedule Proposed Ordinance and Municipal Services Plan AN ORDINANCE ANNEXING SEVEN TRACTS OF LAND LOCATED IN INDUSTRIAL DISTRICT NO. 1; PROVIDING FOR A MUNICIPAL SERVICES PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; DESIGATING AREA TO BE ADDED TO CITY COUNCIL DISTRICT NUMBER 1; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located in Industrial District No. 1, where the property owners have not executed an Industrial District Agreement with the City; WHEREAS, on August 25th and September 9th, 2015, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on August 24, 2014 and made available for public discussion at public hearings on August 25th and September 9, 2015; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi or properties in Industrial District No. 1 that have signed an Agreement and are considered as making the properties being annexed contiguous and adjacent under the law; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that annexing seven tracts of land in Industrial District No. 1, where the owners of the tracts of land have declined to enter into an Industrial District Agreement with the City of Corpus Christi, is in the public interest. SECTION 2. That the seven tracts of land consisting of 4.08 acres of land, more or less, out of Industrial District No. 1, and located between Nueces Bay and IH -37 and between Carbon Plant Road and Corpus Christi Bay, are annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The seven tracts of land are described by metes and bounds and a map for each tract are in the Municipal Services Plan attached to this ordinance. SECTION 3. That there is approved, as part of this annexation ordinance, a Municipal Service Plan. The Service Plan, attached to this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm and Rural District. SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 7. That the territory annexed to the city shall be added to City Council District No. 1; SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, .subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. This ordinance goes into effect at a.m,_, 2015. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Municipal Services Plan for Industrial District No. 1 Tracts Overall Existing Land Uses Vacant Residential Industrial Public Semi Public Rig ht -of -Way Total Acres 1.34 0 3.74 0 0 4.08 There are no dwelling units, residents, or streets in the annexation areas. Specific Information Tracts Tract 1 Tract 2 Tract 3 Tract 4 Tract 5 Tract 6 Tract 7 Owner ABTEX Brinkerhoff Oil Co Coastal States Petroleum Co Coastal States Petroleum Co Coastal Liquids Partners LP Coastal Liquids Partners LP Exxon Pipeline Co Koch Gathering Sys Inc NCAD Acreage Value 1.09 0.96 0.58 0.10 0.92 0.18 0.25 4.08 19,710 121,403 73,347 11,863 115,000 8,138 8,174 357,635 Percent 33% 0 67 0 0 100% Ag, Timber or Wild Life Exemption No No No No No No No Improvements Vacant Ind. Building Gas Tank Gas Tank Ind. Building Ind. Building Vacant ICL TRACT 1 1.09 ACRES INDUSTRIAL DISTRICT NO. 1 ICL TRACT 4 .10 ACRES OUTSIDE 8 cv LIMITS SEOWICK 00 5N 44 INSIDE CITY LIMITS (ICL) 8 0 TRACT 2 & 3 1.55 ACRES AGNES ST — JOE FULTON INTL TRADE OOP LEOPARD ST TRACT 6 .18 ACRES F� TRACT 5 .92 ACRES 141 37 TRACT 7 .25 ACRES Lewd -m,IORn 3.31.3113131Prt MUNICIPAL SERVICES PLAN FOR THE IDUSTRIAL DISTRICT NO. 1 TRACTS INTRODUCTION This Municipal Services Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of approximately 4.0 8 acres of land generally located in Industrial District No. 1, located between the south shores of Nueces Bay and IH -37 and Carbon Plant Road and Corpus Christi Bay. Exhibit A, attached to this Plan contains a metes and bounds description and a map of each of the t r a c t s . This plan will be attached to the ordinance annexing the Industrial District No. 1 Tracts. The proposed annexation of the Industrial District No. 1 Tracts will follow all of the requirements contained in the Texas Local Government Code Chapter 43 required for annexation, including but not limited to, requirements for public notice and public hearings. In addition, this proposed annexation satisfies Chapter 43, Section 43.052.h, that exempts an area or areas proposed for annexation from the requirement that an area to be annexed must first be included in the City's Annexation Plan for three years prior to adoption of an annexation ordinance. Section h. specifies that if an area contains less than 100 residential units on separate tracts, then the area to be annexed is "exempt" from the plan requirement. Based on a land use analysis and appraisal district records for the area there are no dwellings on any of the tracts proposed for annexation. Therefore, the tracts of land proposed for annexation are "exempt" from the annexation plan requirement. EFFECTIVE TERM This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. INTENT The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation areas than were in existence in the annexation areas at the time immediately preceding the annexation process. The service plan will provide the annexed areas with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the areas. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. SERVICE ELEMENTS 1. General Municipal Services. The subject properties are located within the City's extraterritorial jurisdiction and are more particularly described in the Ordinance to which this service plan is attached. Pursuant to this Plan, the following services shall be provided immediately from the effective date of the annexation: a. Police protection as follows: Routine patrols of areas, radio response to calls for police service and all other police services now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. b. Fire Protection Services as follows: Fire protection by the present personnel and equipment of the City fire fighting force with the limitations of water available at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. c. Emergency Medical Services as follows: Radio response for Emergency Medical Services with the present personnel and equipment at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. d. Solid waste collection services as follows: Solid waste collection and services as now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. e. Operation and Maintenance of Water and Wastewater Facilities Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. f. Operation and Maintenance of Roads and Streets, including Street Lighting No public streets are proposed for annexation, however the City will maintain public streets over which the City has jurisdiction at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. g. Street Department services include: • Emergency pavement repair; • Maintenance of public streets; and • Traffic Engineering. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including pavement roughness, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Street Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re -striped and remarked and signage replaced as needed. Immediately following annexation, all properties will be subject to the City's monthly street fee program. The street fee is a monthly fee which is collected from Corpus Christi residents and business owners and which appears on their monthly utility bills. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. At this time there are no public recreational facilities in the annexation area including parks, playgrounds, and swimming pools. h. Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service. At this time there are no such other publicly owned facilities. If the City acquires any facilities and buildings within the annexation area, a City department will provide maintenance services at the same level of service now being provided to other areas of the City with similar topography, land use and population density. i. Other Services. All other City Departments with jurisdiction in the area will provide services according to City policy and procedure. 2. CAPITAL IMPROVEMENTS PROGRAM The City will initiate the construction of capital improvements for providing municipal services for the annexation area as necessary. Each component of the Capital Improvement Program is subject to the City providing the related service directly. In the event that the related service is provided through a contract service provider, the capital improvement may not be constructed or acquired by the City but may be provided by the contract provider. The City may also lease buildings in lieu of construction of any necessary buildings. a. Police Protection. No capital improvements are necessary at this time to provide police services. b. Fire Protection. No capital improvements are necessary at this time to provide fire services. c. Emergency Medical Service. No capital improvements are necessary at this time to provide EMS services. d. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services. e. Water and Wastewater Facilities. The annexation area will be included with all other areas of the city in the City's Capital Improvements Program. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. f. Roads and Streets. No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. 9. Parks. Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. h. Street Lighting. No capital improvements are necessary at this time to provide services. Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. i. Other Publicly Owned Facilities, Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. j. Capital Improvements Planning. The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan. AMENDMENT: GOVERNING LAW This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. FORCE MAJEURE In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. EXHIBIT A METES AND BOUNDS INDUSTRIAL DISTRICT NO. 1 TRACTS Seven tracts of land encompassing approximately 4.08 acres out of Industrial District No. 1, generally located between the south shore of Nueces Bay and IH -37 and between Carbon Plant Road and Corpus Christi Bay and more particularly described as follows save and except a portion of the property described in Exhibit B and attached herein in accordance with City Council approved Development Agreements per Local Government Code 43.035: Tract 1: ABTEX Brinkerhoff Oil Co. Nueces County Appraisal District Tax Id.: 0266-0000-0105 Nueces County Appraisal District Legal Description: Assessors Map 137, 1.095 acres out of Tract 11 Metes and Bounds Description: Warranty Deed filed in the Nueces County Deed Records, Volume 1956 Page 913-914 A 1.095 acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572, in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, page 1029, Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a point on the Western boundary line of said 34.54 acre tract, from whence 3/4" iron pipe bears North 00° 14' 26" West, 211.31 feet; THENCE, South 46° 25' 30" East, 285.38 feet for the most easterly corner of such 1.095 acre tract; THENCE, South 38° 02' 56" West, 100.24 feet; THENCE, South 33° 56' 10" West, 100.25 feet; THENCE, South 39° 45' 45" West, 50.02 feet; THENCE, South 48° 27' 50" West, 71.95 feet to a point in the Western boundary line of said 34.54 acre tract for the Southern corner of this 1.095 acre tract; THENCE, North 00° 48' 52" West, a distance of 126.91 feet to a 1-1/2" iron pipe; THENCE, North 00° 14' 26" West, 318.09 feet to PLACE OF BEGINNING, and containing 1.095 acres of land; Together with that right of ingress and egress over and across that 34.54 acre adjoining tract of land out of Survey 421, Abstract 572, Nueces County, Texas, granted by Robert E. Jenkins as Grantor to T. M. Allen as Grantee in that certain Warranty Deed dated March 26, 1984, a copy of which is recorded in Volume 1912, pages 355-357, Deed Records, Nueces County, Texas, to which warranty Deed and the record thereof reference is here made for all purposes. Tracts 2 and 3: Coastal States Petroleum Co Nueces County Appraisal District Tax Id.: 3875-0000-0273 (Tracts 2 and 3 have the same NCAD Tax Id. Number) Nueces County Appraisal District Legal Description: Kaler Tract 1.558 Acs out of 20.99 tr Legal Description: 0.96 acres out of a 20.99 acre Kaler Tract Coastal States Petroleum — Tract 2 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 42,000 SQ. FT. (0.96 Acre) of land out of a 3.23 Acre Tract as recorded in Volume 1722, Page 552 of the Deed Records of Nueccs County, Texas. This 42,000 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly Northwest corner of a 20.99 Acre tract as described by Warranty Deed dated April 12, 1966 and recorded in Volume 1198, Page 8 of the Deed Records ofNueces County, Texas; THENCE S06"22'33"E a distance of 384.00' to the northeast corner and Point of Beginning of this tract; THENCE S06°22'33"W through said 3.23 Acre Tract a distance of 140.00' to a westerly angle point therein, being the southeasterly corner of this tract; THENCE S83"37'29"W along a southerly boundary line of said 3.23 Acre Tract a distance of 300.00' to a Point, being the southwest corner of this tract; THENCE N06"22'33"W along a westerly boundary Zine of said 3.23 Acre Tract a distance of 140.00' to the most Westerly Northwest corner thereof, being the northwest corner of this tract; THENCE N83°37'29"E along a northerly boundary line of said 3.23 Acre Tract a distance of 300.00' to the POINT AND PLACE OF BEGINNING and containing 42,000 SQ. FT. of land. Bearings are based on the east boundary line of an 82.23 Acre Tract as described in Volume 1116, Page308 of the Deed Records of Nueces County, Texas. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from instruments of record. This the 09r"' day of July, 2015 6L„„,,sA 4). oct Russell D. Ochs State of Texas License No. 5,241 Coastal States Petroleum — Tract 3 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 25,185 SQ. FT. (0.58 Acre) of land out of a 3.23 Acre Tract as recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas. This 25,185 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly Northwest comer of a 20.99 Acre tract as described by Warranty Deed dated April 12, 1966 and recorded in Volume 1198, Page 8 of the Deed Records of Nueces County, Texas; THENCE S06°22'33"E a distance of 554.79' to the northwest corner and Point of Beginning of this tract; THENCE S85°05'33"E through said 3.23 Acre Tract a distance of 134.67' to a Point on the easterly boundary line thereof, being an angle point adds tract; THENCE S02°15'23"W along the easterly boundary line of said 3.23 Acre Tract a distance. of 20.20' to a Point, being an angle point of this tract; THENCE N89°54'03"E continuing along the boundary line of said 3.23 Acre Tract a distance of 106.85' to a Point, being the northeast comer of this tract; THENCE S00°00'21 "W continuing along a easterly boundary line of said 3.23 Acre Tract a distance of 97.24' to the southeast corner thereof, being the southeast corner of this tract; THENCE S89°44' i 0"W along the southerly boundary line of said 3.23 Acre Tract a distance of 165.04' to a Point, being an angle point of this tract; THENCE N67°38'49"W continuing along a southerly boundary line of said 3.23 Acre Tract a distance of 68.79' to a southwesterly corner thereof, being the southwest corner of this tract; THENCE N06°22'33"W along a westerly boundary line of said 3.23 Acre Tract a distance of 104.01' to the POINT AND PLACE OF BEGINNING and containing 25,185 SQ. FT. of land. Bearings are based on the east boundary line of an 82.23 Acre Tract as described in Volume 1 1 16, Page308 of the Deed Records of Nueces County, Texas. E, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from instruments of record. This the 09111day of July, 2015 Russell D. Ochs State of Texas License No. 5,241 C11 Md 'LUZ 1011 01 =All Ls M.&__ 4.1 k k £ I| } Tract 4: Coastal Liquids Partners LP Nueces County Appraisal District Tax Id.: 3875-0000-0276 Nueces County Appraisal District Legal Description: Kaler Tract 0.095 acres out of 20.99 ac tract Metes and Bounds Description: An excerpt from Nueces County Deed # 2007056308 Field note description for a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records, said 0.095 acre tract of land being more particularly described as follows: COMMENCING at a 518 inch iron rod found for the most southerly southwest corner of said 6.985 acre tract of land, and the most southerly southeast corner that certain 3.23 acre tract of land described in a Warranty Deed to Coastal States Gathering Company and recorded in Volume 1722, Page 552, Nueces County Deed Records; THENCE North 00800'21" East, along the common line of said 6.985 acre tract and said 3.23 acre tract of land, a distance of 97.24 feet to a 5/8 inch iron rod with cap stamped R.P. L.S. #3808 set at the most northerly southeast corner of said 3.23 acre tract of land, an interior corner of said 6.985 acre of land, the southeast corner and POINT OF BEGINNING for the herein described tract of land; THENCE South 89°54'03" West, a distance of 106.85 feet to an iron rod found the most westerly southwest corner of said 6.985 acre tract of land, an interior corner of said 3.23 acre tract of land and the southwest corner of the herein described tract of land; THENCE North 02°15'23" East, at 20.20 feet passing a set 518 inch iron rod with cap stamped R.P.L.S. #3808, in all a total distance of 39.11 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set for the northwest corner of the herein described tract of land; THENCE North 89°54'03" East, a distance of 105.31 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set for the northeast corner of the herein described tract of land; THENCE South 00°00'21" West, a distance of 39.08 feet to the POINT OF BEGINNING and containing 0.095 of an acre of land, more or less. Bearings are based on the East line of that certain 82.23 acre tract of land per Volume 1116, Page 308, Nueces County Deed Records, further described by Mustang Engineering, L.P., Plat No. 2191-9407, attached hereto and made a part hereof as Exhibit A-1. NUECES COUNTY, TEXAS RINCON DEL OSO GRANT Tract 4: Coastal Liquid Partners, .095 acres COASTAL STATES CRUDE GATHERING CO. 3.2.3 ACRES VOL. 1722, PG. 552 N.C.D.R. \----TTRACT 9 r71 0.96 AC. SEE DETAIL "C' COASTAL STATES PETROCHEMICAL CO. 6.02 AC. VOL. 1722, PG. 357 N.C.D.R. //2% 0.053 AC. SEE DETAIL "A" Jr/it dirj TRACT 4 0.34 AC. SEE DETAIL a TRACT 3 0.013 AC. SEE DETAIL "B" TRACT 6 0.06 AC. SEE DETAIL TRACT 7 "H" 0.006 AC. SEE DETAIL "E" VALERO ENERGY CORPORATION 6.985 AC, VOL. 2327 PC. 543 N.C.D.R. VALERO ENERGY CORPORATION 1,279 AC. VOL. 2327, PG. 543 N.C.D.R. EXISTING ACCESS RD. l EGNEID a = SET 5/8" IRON ROD HATH CAP STAMPED $ .3808 IRON ROD FOUND r,7772 - CONVEY TO VALERO BASIS OF BEARING: EAST LINE OF THAT CERTAIN 82.23 ACRE TRACT PER 1 OF VOL. 1116. PC. 308. NUECES COUNTY DEED RECORDS. OTRACT8 SEE DETAIL "F" x— $---- COASTAL STATES PETROCHEIAICAL CO. 3.46 ACRES VOL. 1722. PC. 557 N.C.p.R. RAC' 5 0.095 AC. SEE DETAIL G.•�G� 7 -13 -Of Wil Cosh Registered Frofessiorad Surveyor No. 3808 2 REV: 12 3 ®r DATE ADO OEfALS AD15 tASiMENTS & TRACT 4 Wrc PROJECT N0. 2191 46. wow saimart mourn* LP. MOWS COUltat �911A1w MAID paso Services ORIGIN STATION OATC:S/02 01E040 9Y:AAP DAIE1/82 SCALE: 1.410(r APP.: sue D'NiG. NO. /� 2191-9407 REV.. 2 Tract 5: Coastal Liquids Partners LP Nueces County Appraisal District Tax Id.: 3875-0000-0277 Nueces County Appraisal District Legal Description: Kaler Tract 0.92 acres out of 20.99 ac tract Metes and Bounds Description: An excerpt from Nueces County Deed #2007056299 Field note description fora 0.92 acre tract of land situated in Rincon Del Oso Grant, Nueces County, Texas, out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records, said 0.92 acre tract being more particularly described as follows: COMMENCING al a 5/8 inch iron rod found for the southeast comer of said 6.985 acre tract of land; THENCE North 89841'38" West, along the south line of said 6.985 acre tract of land, a distance of 361.79 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING and the southeast corner of the herein described tract of land; THENCE North 89°41'38" West, continuing along said south line, a distance of 66.24 feet to a 5/8 inch iron rod found for an angle point; THENCE North 85°34'50" West, along said south line a distance of 34.76 feet to a 5/8 inch iron rod set for the southwest corner of the herein described tract of land, said iron rod bears South 85°34'50" East, a distance of 70.04 feet from the southwest corner of said 6.985 acre tract of land; THENCE North 12°26'56" East, a distance of 103.25 feet to a 5/8 inch iron rod set; THENCE North 00°27'11" East, a distance of 51.45 feet to a 5/8 inch iron rod set; THENCE North 10°34'51" East, a distance of 66.01 feet to a 5/8 inch iron rod set; THENCE North 14°21'20" West, a distance of 122.61 feet to a 5/8 inch iron rod set; THENCE North 03°07'11" West, a distance of 117.73 feet to a steel fence post found in the most westerly north line of said 6.985 acre tract of land for the northwest corner of the herein described tract of land, said post bears North 87°46'05" East, a distance of 16.78 feet from a northwest corner of said 6.985 acre tract of land; THENCE North 87°46'05" East, along said north line, a distance of 105.45 feet to a 5/8 inch iron rod set for the northeast comer of the herein described tract of land, said iron rod bears South 87°46'05" West, a distance of 75.31 feet from a steel fence post found for an interior corner of said 6.985 acre tract of land; THENCE South 009 18' 17" West, a distance of 460.64 feet to the POINT OF BEGINNING and containing 0.92 of an acre of land, more or less. Bearings are based on the South line of that certain 6.985 acre tract of land per Volume 2327, Page 543, Nueces County Deed Records, further described by Mustang Engineering, L.P., Plat No. 2191-9407, attached hereto and made a part hereof as Exhibit A-1. Tract 5: Coastal Liquid Partners, .92 Acres EXHIBIT A-1 NUECES COUNTY, TEAS RINCON DEL QSO GRANT 2 COASTAL STA ,oS PETROC11EU CAL. CO. Volum 1722. Page 557 ACRES nk.C.D.R. 587'46'05"W 75.31' N•87'46'05"E 16.78 COASTAL STATES CRUDE GATHERING CO. 3.23 ACRES VOL. 1722, PG. 552 N.C.O.R. Mad 1.606 AC. TR ACT 44 0.3,4 AC. SEE DETAIL "J NI 4'21'20"W 122, 61' N10'34'51"E 66.01. N00-27'11'6 51.45' TRACT 5 N 2726'561 0.095 AC. 103.25' SEE DETAIL "C" 58514'50"E 70,04` N8746'05"E 105,45" 03'07'11"W 117.73' TRACT 10 0.92 AC. b U/G ES1AT 6 0.06 AC. SEE DETAIL 0 POINT OF U/G QMHC 6 POINT OF BEGINNING N8514'50"W N89'41'3/4"W 34.76 55.24 COASTAL STATES PETROCHEMICAL CO. 3.46 ACRES Volume 1722. Page 557 N.C.D.R_ N14"21'20"W 34.55' E - 86.05' VALERO ENERGY CORPORATION 6.985 ACRES VOL. 2327, PC. 543 N.C.D.R. POINT OF COMMENCEMENT TRACT 10 N89'41'38`W-361.79' 20.20" s0o-1 s"17"w aGlalia o SET 8" IRON R00 WITH CAP SjTANPE0 j 3805 ✓ ROM ROO FOUND • roup STEEL FENCE POST N8409'23 "W - 77 DETAIL "Q■ u/G ESMT 6 N.T.S. 30 33.34' N89 54'03"E - 105.31' 10215'23'E TRACT 5 39-11' 0.095 AC. 58954'03"W - 106.85' POINT OF BEGINNING DETAIL "C" POINT of TRACT 5 BEGINNING N.T S. BASIS or BEARING: SOON LINE OF THAI CERTAIN 6.985 ACRE TRACT PER VOL. 2327. PG. 543, Ni%ECES CO» TY DEED RECORDS. 4 POINT OF COMMENCEMENT S00'00'21"w 2 z OF 6 2 Alp DETAILS �9YrIC .403 EASEMENTS & TRACT 4 WJ A aso Field Services 06S01011011 CHIC PROJECT NO. 21 opworms sommaaL r I#7UN014 WAS ORIGIN STATION Tr Mew !x; vo DA1EijV2 F WC. NO. +3IEPI= IT A11P 0A1E_114/D2 1".100" APP 2191-9407 REV. 2 Tract 6: Exxon Pipeline Co Nueces County Appraisal District Tax Id.: 5933-0003-0078 Nueces County Appraisal District Legal Description: Oak Lawn 0.187 ac out of Lt 7B Bk 3 Metes and Bounds Description: An excerpt from Nueces County Deed #946716 Legal Description of Citgo/Southwestern Meter Station 0.432 -acre Fee Tract Out of Block 3, Lot 7-B Out of Webb 1,000 -acre Tract in the City of Corpus Christi, Nueces County, Texas SAVE AND EXCEPT FOLLORING TRACT: 0.187 Acre: (8,138.1 4 Sq. Ft) out of Lot 7-8, Block 3 of the Oak Lawn Subdivision u recorded in Volume 33, Page 43 • f the Map Records of Nueces County, Texas. Being more fully de . . by metes and bounds as follows: BEGINNING at a 5 : iron rod set on the Northwest Line of said Lot 7-8, Block 3 for the West corner of this tract . the Southeast R.O.W. Line of Oak. Park Avenue from which a 5/8 inch iron rod found for the W. st corner of said Lot 7-13, Block 3 bears S30' 12'00" W - 58.50 feet. THENCE: N 30" 1 5/8 inch iron rod fo THENCE: With a length of 25.90 feet Block 3. E -154.73 feet along the Southeast R.O.W. Line of Oak Park Avenue to a d for a corner of this tract also being a corner of said Lot 7-8, Block 3. to the right, having a delta angle of 148` 22' 42", a radius of 10.00' and a 5/8 iron rod set for a sorter of this tract also being a corner of said Lot 7-8, THENCE: S 01° 39' t w E - 81.14 feet along the West R.O.W. line of Buddy Lawrence Drive and the East Linc of Lot 7-8, Block 3 to a 5B inch iron rod set for the East corner of this tract on the East Line of said La 7-B, Block 3. THENCE: S 33° 42' S" W - 91.23 feet to a 5/8 inch iron rod set for the South corner of this tract. ?HENCE: N 59° 48 00" W . 55.75 feet to the PLACE OF BEGINNING and containing 0.187 Acres (8.138.134 Sq. Ft.), E Tract 6: Exxon Pipeline Co., 0.18 Acres p Tract 7: Koch Gathering Sys Inc Nueces County Appraisal District Tax Id.: 5933-0003-0079 Nueces County Appraisal District Legal Description: Oak Lawn 0.25 ac out of Lt 7B Bk 3 Metes and Bounds Description: An excerpt from Nueces County Deed #946716 modified to exclude annexation Tract 6 as follows: A 0.25 acre tract of land, out of a 0.437 acre tract of land, more or less, and excluding 0.187 acres in Nueces County Deed Records # 946716, being a portion of the DeRyee 50 acre tract out of the Webb 1000 acre tract in the City of Corpus Christi, Nueces County, Texas, conveyed to Johanna Kosar Foundation, Inc., by Paul Snyder and Frances Kosar Snyder by deed recorded in Volume 987, at Page 342, Deed Records, Nueces County, Texas, which property is more fully delineated on Plat of Survey of Everett Hooper, Registered Public Surveyor, dated November, 13, 1967, and recorded in Map Volume 33, at Page 63, in the Deed Records of Nueces County, Texas and described by metes and bounds as follows, to - wit: BEGINNING at an iron pipe set against the fence comer post, the West comer of a 19.07 acre tract, for the West comer of this survey, and said point being on the East line of Oak Park Avenue, formerly Texas Avenue; THENCE North 31 degrees 36' 45" East along the East line of said Oak Park Avenue a distance of 247.28 feet to a point where the East Line of said Oak Park Avenue intersects the West line of Lawrence Drive; THENCE in a southerly direction with the West line of said Lawrence Drive a distance of 291.3 feet; THENCE North 58 Degrees 53' 15" West to the PLACE OF BEGINNING and containing 0.25 acres land, more or less, and being a portion of the same land conveyed by Johanna Kosar Foundation, Inc. to Humble Pipe Line Company, in Deed dated the 14th day of September, 1967, and recorded in Deed Volume 1234, at Page 484, in the Deed Records of Nueces County, Texas. Tract 7: Koch Gathering Sys Inc., 0.25 acres W �15 I �_ Exhibit B Property Owner Signed and City Council Adopted Development Agreements Per Local Government Code 43.035 Currently there are no signed development agreements and none of properties proposed for annexation currently qualify for a development agreement. To qualify for a development agreement a property must be appraised by the Nueces County Appraisal District as agricultural, timber land or wild life management exempt property. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda - Done 7-21-2015 — City Council Annexation Resolution - Done 7-24-2015 — Letter to Property Owners - Done 8-25-2015 — 1st City Council Public Hearing -Done 9-08-2015 — 2nd City Council Public Hearing 9-23-2015 — Planning Commission Public Hearing on zoning 9-29-2015 — 1St Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-20-2015 — City Council Public Hearing and 1St Reading on zoning 10-27-2015 — City Council 2nd Reading on zoning Industrial District No. 1 Annexation (7 Tracts, 4.08 acres) Public Hearing and Municipal Services Plan Presentation City Council Meetings August 25, 2015 September 8, 2015 Aerial Overview TRACT 1 1.99 ACRES Iri Industrial District No. 1 7 Tracts, 4.08 acres INDUSTRIAL DISTRICT NO. 1 ICL 0 0 25 95 MaJ JOE FGLTON INT.' OWE COP d OUTSIDE] CITY LIMITS Alm Ip QngRO SF SEGwsK RD SH INSIDE CITY LIMITS (ICL) TRACT 4 .10 ACRES TRACT 5 TRACT 283 .92 ACRE 1.55 ACRES AGNES ST LEOPARD ST TRACT 6 .18 ACRES S J] TRACT 7 15 ACRES Legend m Anne.. 5 I . tI P9PLI C05,9955 N 2 Background • Industrial District Properties • Oct 2013 — Council Approved Industrial District Agreement. • Agreements needed signatures by Jan 2015. • After extensive communication and efforts to accommodate, seven tracts of land owned by five owners have not signed an Industrial District Agreement • Public hearing notices were sent to each property owner on July 24th Municipal Services Plan • Unilateral annexation by the City requires preparation of a Services Plan for the areas proposed for annexation • Due to the small size of the areas, close proximity to existing services and no residents, cost to serve the areas will be absorbed by the existing departmental budgets. • Immediately after annexation, the proposed Municipal Services Plan provides for: • Emergency Services, including Police Protection, Fire Protection and Ambulance Service • Solid Waste services for any residential uses in the annexation area (there are no known residences) Municipal Services Plan continued • Utility services will be provided through the City's normal platting process. • No capital improvements are proposed in the Municipal Service Plan. • Utility projects for each annexation area, if needed, will be incorporated into the City's Capital Improvement Plan and prioritized with all other city projects. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda - done 7-21-2015 — City Council Annexation Resolution - done 7-24-2015 — Letter to Property Owners - done 8-25-2015 — 1st City Council Public Hearing -done 9-08-2015 — 2nd City Council Public Hearing 9-23-2015 — Planning Commission Public Hearing on Zoning 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-20-2015— City Council Public Hearing and 1st Reading on zoning 10-27-2015 — City Council 2nd Reading on zoning Questions? Location Maps Aerial —Industrial District Tracts 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 N AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 8, 2015 Second Reading for the City Council Meeting of September 15, 2015 DATE: August 18, 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 14333 Northwest Boulevard CAPTION: Case No. 0815-01 Balusek-Frankson: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. PURPOSE: The purpose of this item is to rezone the property to allow a commercial use, such as a self -storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (August 12, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow the construction of a self -storage facility. The Future Land Use Plan designates the property as medium density residential, therefore, the requested "CG -2" General Commercial District is seemingly not consistent with the Future Land Use Plan. Through analysis, however, Staff finds the designation of Lot 1 in its entirety as "CG -2" General Commercial District to be appropriate. Staff further finds that the requested "CG -2" designation conforms to the goals and land use policies contained in the Comprehensive Plan and the Northwest Area Development Plan. The rezoning is compatible with the surrounding developments, and would not have a negative impact on surrounding properties and the subject property is suited for the proposed project. ALTERNATIVES: 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 and conforms with the policies contained therein. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital aA 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: Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Balusek-Frankson on behalf of Fox Tree and Landscape Nursery, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 2.968 acres out of Lot 1, Encino Park, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Balusek-Frankson on behalf of Fox Tree and Landscape Nursery ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 12, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District, and on Tuesday, September 8, 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 Balusek-Frankson on behalf of Fox Tree and Landscape Nursery ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69, from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 068050), 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 Zoning Map 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. The Future Land Use Map is hereby amended from a designation of medium density residential uses to commercial uses. 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 Ordinance_0815-01 Balusek-Frankson Page 2 of 2 FIELDNOTE DESCRIPTION FOR 2.968 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 2.968 acres of land situated in Lot 1 of Encino Park as recorded in Volume 59, Page 116 of the Map Records of Nueces County, Texas. BEGINNING at a point in the western line of said Lot 1 of Encino Park, said point bears S. 10° 00' 00" W., a distance of 600.00 feet from an existing 518 inch iron rod in the south right-of-way line of Northwest Boulevard marking the northwest corner of Encino Park, said point being the northwest corner of the herein described tract of land; THENCE, S. 84' 09' 00" E., a distance of 140.86 feet to a point in the common line of said Lot 1 of Encino Park and Lot 2A, Martin Plaza as recorded in Volume 58, Page 75 of the Map Records of Nueces County, Texas, said point marking the northeast corner of the herein described tract of land; THENCE, S. 10`' 00' 00" W., (base bearing) a distance of 920.30 feet along said common line of Lot 1, Encino Park and Lot 2A, Martin Plaza to a point at the southeast corner of Encino Park and the herein described tract of land; THENCE, N. 84° 09' 00" W., a distance of 140.86 feet along the south line of said Encino Park to the southwest corner of Encino Park and the herein described tract of land; THENCE, N. 10° 00' 00" E., a distance of 25.50 feet to an existing 5/8 inch reference iron rod and CONTINUEING 894.80 feet for a TOTAL DISTANCE OF 920.30 feet along the west line of Encino Park to the PLACE OF BEGINNING, containing within these metes and bounds 2.968 acres of land. I hereby certify that the above fieldnote description is based on the recorded plat of Encino Park and is true and correct to the best of my knowledge and belief. A. C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 Dated Z Elvne _2012 12-008 Calagen hlinsstorap Fieldttoie Dexnlxmnl 2.463 ACM 110c Exhibit "A" NORTHWEST BOULEVARD e• M. 624 w�w>Iwr,lw�wiw�w+lwi 1 ZONING LINE (TYP. ZONED "CG -2" S 8° 09100" E 140.86' i.Iwswiwim W z N 2.968 ACRES 0 ✓ n 0 N O 0 e cn O ZONED "CG -2" Q 14.1 a'C In Lu CZ) Q A j COQ Lu Q � ►VT floO�kcc ,0� czi Q Q N 84°09 00" W 140.86 Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 0815-01 HTE No. 15-10000042 Planning Commission Hearing Date: August 12, 2015 Applicant & Legal Description Applicant/Representatives: Balusek-Frankson Property Owner: Fox Tree & Landscape Nursery, Inc. Legal Description/Location: Being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. Zoning Request From: "FR" Farm Rural To: "CG -2" General Commercial District Area: 2.968 Purpose of Request: To allow construction of a self -storage facility with upper -story residential unit. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential, North "CG -2" General Commercial Commercial Commercial South "FR" Farm Rural Vacant Low Density Residential East "CG -2" General Commercial Commercial Commercial West "FR" Farm Rural Vacant Medium 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 medium density residential uses. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan with respect to land use, however, the proposed rezoning is generally consistent with the policies of the Comprehensive Plan and the Northwest Area Development Plan. Map No.: 068050 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property is a portion of a lot that has approximately 140 feet of frontage on Northwest Boulevard (FM 624). The most northerly portion of the lot (1.935 acres) is zoned "CG -2" General Commercial. § p Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2012) Northwest Boulevard (FM 624) "A3" Primary Arterial Divided 130' ROW 79' paved 155' ROW 92' paved 31,060 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow the construction of a self - storage facility. Development Plan. Upon approval of a change in zoning, the applicant intends to develop a self -storage facility on Lot 1 which in its entirety is comprised of 4.903 acres. The facility is planned to consist of four (4) buildings. Building one will include a two- story area for an office (1St floor) and an on-site manager's residence (2nd floor). The anticipated maximum height of building one is 19'-6". The size of the buildings will range in area from 12,000 square feet to 20,000 square feet. The buildings will be pre- engineered metal buildings with a 9'-6" eaves height. Office hours of operation will be 8:00 a.m. to 6:00 p.m. with occasional night entry of the storage units. No signage is anticipated on the portion of the lot being rezoned (most southerly 2.968 acres of Lot 1). A site plan has been provided depicting how development is envisioned to occur (Attachment 2). Existing Land Uses & Zoning: North of the subject property is zoned "CG -2" General Commercial and was previously developed as a landscape nursery. The property South of the subject property is vacant land which is zoned "FR" Farm Rural District. The property immediately East of the subject property is developed with commercial office uses and is zoned "CG -2" General Commercial District. The property West of the subject property is vacant land that is zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted and is legally described as Encino Park, Lot 1. A plat of the subject property was recorded in January of 1999. (Volume 59, page 116). Comprehensive Plan & Area Development Plan Consistency: The Future Land Use Plan designates the property as medium density residential, therefore, the requested Planning Commission Final Report Page 3 "CG -2" General Commercial District is seemingly not consistent with the Future Land Use Plan. Through analysis, however,Staff finds the designation of Lot 1 in its entirety as "CG -2" General Commercial District to be appropriate. Staff further finds that the requested "CG -2" designation to generally conform to the goals and land use policies contained in the Comprehensive Plan and the Northwest Area Development Plan. Specifically, the following goals and policies are applicable to this request. ■ Encourage the renovation or rehabilitation of commercial properties. (General Commercial Policy Statement) ■ Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement D). ■ Encourage all business areas to develop and maintain a pleasing environment. (Comprehensive Plan, Commercial Policy Statement E) ■ Commercial Service areas designed to serve local neighborhoods should be conveniently located in harmony why the surrounding neighborhood. Comprehensive Plan, Commercial Policy Statement G). ■ Infill development should be encouraged on vacant tracts within developed areas. (Comprehensive Plan, Residential Policy Statement H) Uniform Development Code (U.D.C.) Per U.D.0 Table 4.5.2 Permitted Uses (Commercial Zoning Districts), a self storage facility is a permitted used in the "CG -2" General Commercial District subject to limitations. U.D.C. Section 5.2.14 Self -Service Storage, Including Boat and RV Storage, details the limitations pertaining to self storage facilities. Applicable limitations are summarized as follows: ■ Use of the facility and its individual storage units shall be limited to storage purposes. ■ A gated facility requires a minimum of four off-street vehicle stacking spaces. ■ No direct glare from lighting on the site shall be visible from any adjoining lot. A leasing office and a caretakers quarters are permitted accessory uses to the primary use (U.D.C. Section 5.1.4.H). Department Comments: ■ The designation of Lot 1 in its entirety as "CG -2" General Commercial District is appropriate. ■ The designation of the southerly portion of lot 1 and the subsequent development thereof will not have an adverse impact on adjacent medium density residential land. Planning Commission Final Report Page 4 ■ The designation of the southerly portion of lot 1 will not alter the character of the area in which it is located. ■ The requested "CG -2" designation generally conforms to the goals and land use policies contained in the Comprehensive Plan and the Northwest Area Development Plan. ■ Development standards and requirements in the U.D.C.and adopted construction codes will ensure development occurs in a manner that will be compatible with future residential development. o Specific development requirements (including but not limited to drainage, setbacks, and infrastructure requirements) will be determined via a subsequent building permit process. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 2 outside notification area As of August 18, 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\0815-01 Balusek-Frankson (Fox Tree & Landscape)\Council Documents\Report for CC_0815- 01 Balusek-Frankson.docx CASE: 0815-01 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 SUBJECT PROPERTY LOCATION MAP City of Corpus Christi Recd 7-30-15 NORTHWEST BOULEVARD - F. M. 624 S 814009.806'" E O O N F40.0' IRRIGATION CANAL EASEMENT ,09 28.O' IRRIGATION CANAL EASEMENT 0 M O Ln Rig N 84°0'00" 660„ W a Ln w 4't CS 03o 01- z . w= .4C-' �� O tri -J w z SCALE: 1" = 200' /3- /O 7 e Q opus eyR, G d,, -4 _---SMap > - �3k 4 17152 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0'-] I ��—� 7 No.: D6 ?0 5-0 PC Hearing Date: [ Z 1 s Proj.Mgr: Dolores Wood Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m_ • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Balusek-Frankson Contact Person : A.C.Frankson Mailing Address -308 E. Goodwin Ave. City: Corpus Christi, TX state. TX zip: 77901 Phone: (361 ) 578-9956 E-mail Cell. ( 361 ) 920-9956 2. Property Owner(s) Fox Tree & Landscape Nursery, Inc. Contact Person : Dan Caballero, President Mailing Address: 5949 La Costa City: Corpus Christi State TX ZIP 78413 Phone: (361 ) 992-6928 E-mail Cell; ( ) 3. Subject Property Address, 14333 Northwest Boulvevard Area of Request (SF/acres) 2.968 Current Zoning & Use FR,Vacant Proposed Zoning &Use CG -2, Storage Units 12 -Digit Nueces County Tax ID; 2328 - 0000 _ _ 0010 Subdivision Name'. Encino Park Block: 1 Lot(s) 1 Legal Description if not platted 4. Submittal Requirements Q Early Assistance Meeting: Date Weld March, 2012 , with City Staff Miguel Saldana ❑ Land Use Statement 9 Disclosure of Interest 9 Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent exhibit landowner with Future Land Use Plan) • Site Plan for PUD or Special Permit ■ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization ❑ Appointment of Agent Form if is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review, that I am authorized to initiate this rezoning or on behalf of the Property Owner(s); and the informationprovided is accurate. a , C t� Owner or A nt's Sig ature Applicant's Signature Dan Caballero, President A. C. Frankson ` Owner or Agent's Printed Name Applicant's Printed Name .. ,, Office Use Only: Date Received: 7 -144-1.5"°Received By ADP. NIA NI Rezoning Feer rh 7a?. 5C 4i PUD Fes+ Sign Fee % D = Total Fee # / 7D Q • 61 No. Signs Required / © $10/sign Sign Posting Date 7/31/15 K.10EVELOPMENT5V;sSNAPEMANp UE •ELOPMENT APPLIrA-ION FORM54REZONINGIZcNINS APF_ICATION 2015 KOC Form Revised 5:1212015 LAND USE STATEMENT 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. Encino Park is a one lot subdivision consisting of 4.903 acres. The front 600 feet adjacent to Northwest Boulevard (FM 624) is presently zoned CG -2. The back 2.698 acres is presently zoned FR. Proposed zoning change will make the complete subdivision zoned CG -2. Existing property is vacant. At one time there was a nursery/landscape business on site. A change of zoning is requested to develop a self -storage facility encompassing the complete subdivision. The description below is for the complete facility encompassing both that portion which is presently zoned CG -2 and that portion being rezoned CG -2. At this time it is anticipated to be a four building facility. The front building will have a two-story office/manager's residence. The largest proposed building is 20,000 square feet in area. The smallest proposed building is 12,000 square feet in area. All buildings will be pre-engineered metal buildings and have a 9'-6" eave height. The office/manager's residence in Building 1 will be 19'-6" in height. The first floor will hold the office and the second floor will house the on-site manager. Employees will consist of the manager, a part-time assistant and a part-time maintenance person. Hours of operation: 8:00 am to 6:00 pm for the office with occasional night entry of units. No signage is anticipated on that portion being rezoned. 2. Identify the existing land uses adjoining the area of request: North - Vacant, zoned CG -2 South - Open field, zoned CG -2 East - Zoned CG -2 West - Open field, zoned CG -2 CUJSERSITANYAR.0000ESKTOP'DAILY USEIANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Fox Tree & Landscape Nursery, Inc., Dan Caballero, President STREET: 5949 La Costa CITY: Corpus Christi, TX zip: 78413 FIRM is:®Corporation OPartnership ()Sole Owner OAssociation OOther 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 NA 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 NA 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 NA 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 NA 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: Dan Caballero Title: President (Print Name) Signature of Certifying Person: Date: 7/T// v� KADEVELOPMENTSVCSZHAREDLLAN: v2VELOP MENTUPPLICATION FORMSIREZONING1OISCLOSURE OF INTERESTS STATEMENT_5.12.2015.0OC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every Question must be answered. If the question is not applicable, answer with "NA". NAME: Ganem & KeIIy Surveying, Inc. DBA Balusek-Frankson STREET: 308 E. Goodwin Avenue CITY: Victoria ZIP: 77901 FIRM is: O Corporation O Partnership ()Sole Owner O Association O 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 N/A 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 N/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 N/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 N/A CERTIFICATE 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 621•G F7.; -o ICi of Corpus Christi exas as changes occur. /v_ 4,�, . Certifying Person: Gary J. KeIIy % ' Title: Vice President (Print Name) Signature of Certifying Person: Date: 07/14/2015 N.VDEVELOPMENTSVCSVSHAREDVLAND DEVELOPMENT ,xF;'LICAT FORMS'.R ELONING '' LOSURE OF INTERESTS STATEMENT, 5.12.2019 DOC 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: A. C. (Courtland) Frankson Mailing Address: 308 E. Goodwin Ave. City: Corpus Christi, TXState: TX Zip: 77901 Home Phone: (361 ) 575-8968 Business Phone: i 361 1578-9956 Cell: ( 361 ) 920-9956 I 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. 1 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, I 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 words 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 binding appointment on behalf of the entity, and every reference herein to "1", "my", or "me" is a reference to the entity. *Signature of Agent: a/ tiTitle: P.E. Printed/Typed Name of Agent: A. C. Frankson *Signature of Property Owner: Printed/Typed Name of Property Owner: Date: /r//, Title: President Dan Caballero for Fox Tree & Landscape Nursery, Inc. % Date: 05". *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W Broan.APPOINTMENT OF AGENT?-19-09.dor FIELDNOTE DESCRIPTION FOR 2.968 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 2.968 acres of land situated in Lot 1 of Encino Park as recorded in Volume 59, Page 116 of the Map Records of Nueces County, Texas. BEGINNING at a point in the western line of said Lot 1 of Encino Park, said point bears S. 10° 00' 00" W., a distance of 600.00 feet from an existing 518 inch iron rod in the south right-of-way line of Northwest Boulevard marking the northwest corner of Encino Park, said point being the northwest corner of the herein described tract of land; THENCE, S. 84' 09' 00" E., a distance of 140.86 feet to a point in the common line of said Lot 1 of Encino Park and Lot 2A, Martin Plaza as recorded in Volume 58, Page 75 of the Map Records of Nueces County, Texas, said point marking the northeast corner of the herein described tract of land; THENCE, S. 10`' 00' 00" W., (base bearing) a distance of 920.30 feet along said common line of Lot 1, Encino Park and Lot 2A, Martin Plaza to a point at the southeast corner of Encino Park and the herein described tract of land; THENCE, N. 84° 09' 00" W., a distance of 140.86 feet along the south line of said Encino Park to the southwest corner of Encino Park and the herein described tract of land; THENCE, N. 10° 00' 00" E., a distance of 25.50 feet to an existing 5/8 inch reference iron rod and CONTINUEING 894.80 feet for a TOTAL DISTANCE OF 920.30 feet along the west line of Encino Park to the PLACE OF BEGINNING, containing within these metes and bounds 2.968 acres of land. I hereby certify that the above fieldnote description is based on the recorded plat of Encino Park and is true and correct to the best of my knowledge and belief. A. C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 Dated Z Elmne2012 12.008 Calallrn AlinsstorageFeldnoie Dexnlxmnl 2.463 Ane Joc NORTHWEST BOULEVARD e• M. 624 w�w>Iwr,lw�wiw�w+lwi 1 ZONING LINE (TYP. ZONED "CG -2" S 8° 09100" E 140.86' i.Iwswiwim W z N 2.968 ACRES 0 ✓ n 0 N O 0 e cn O ZONED "CG -2" a'4.1 C In Lu CZ) Q A j COQ WWj= Q � ►VT floO�kcc ,0� czi Q Q N 84°09 00" W 140.86 PEAK HOUR TRAFFIC (PHT) FORM (131_, 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: 14333 Northwest Boulevard Legal Description (Subdivision, Lot, Block): Encino Park, Leet 1 Applicant Name: A. C. Frankson Address: 3118 E Goodwin Ave. Telephone: 361'5784956 City/State/Zip: Victoria, TX 77901 Email: bfai@gksurveying.com Application Status (Select One)• 0 Rezoning Site Planj JStreet 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 2.968 hour FR Vacant 151 e0.18 -46 jar ....W 7 I, 2,y 0 SF 0 Y?) Zn 0114 2 % 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 2.968 hour CG -2 SelfStorageUnils 151 e0.18 -46 jar ....W 7 I, 2,y 0 SF 0 Y?) Zn 0114 2 % Total jr' Total „...215. Zee Abutting Streets 2{ Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Exist. zoned CG -2 served by Northwest Blvd. (FM 624) Northwest Blvd. 90' +1- 150' For City Use Only El A Traffic Impact Analysis J5 required. The consultant preparing the TIA must meet with ®the 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 fj exceed the established threshold. I 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. BALUSEK-FRANKSON ENGINEERS -SURVEYORS ENGINEERING FIRM — 9183 SURVEYING FIRM 10177100 308 E. Goodwin Avenue Victoria, Texas 77901 Phone (361) 578-9956 Fax (361) 573-6991 July 14, 2015 Ms. Beverly Priestly beverlyp@cctexas.com Dear Ms. Priestley: According to Mr. Caballero, President liens on the above captioned property. Please advise if you require additional Sincerely yours, R F : Job No.: 12-008 Zoning Application Fox Tree and Landscape Nursery, Inc. 2.968 Acres Corpus Christi, Texas of Fox Tree and Landscape Nursery, Inc., there are no information. Z Elainr_UI'_ 12•008 Calallcn Miaistorage L r I'ncsticy Zoning Applicatton.doc SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO, ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES, QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES, SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA LLAMANDO A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE Rezoning Case No. 0815-01 Balusek-Frankson has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property to be rezoned is described as: Being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, September 8, 2015, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning. For more information, please call (361) 826-3105. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: Please Print ADDRESS: PHONE NO. ( ) IN FAVOR ( ) IN OPPOSITION REASONS: SEE MAP ON REVERSE SIDE HTE# 15-10000042 Property Owner ID: «FID» Signature Case No. 0815-01 Project Manager: Dolores Wood City of Corpus Christi City Secretary's Office P.O. Box 9277 Corpus Christi, Texas 78469 «FID» «TAXID» «NAME» «ADDRESS» «ADDRESS2» «CITY», «STATE» «ZIP» PdaRT R•9051.& G-2 a SUIDE T i PROPERTY CASE: 0815-01 5UBJECT PROPERTY WITH ZONING Submre Apperty n1,11-1 1la+1wRrlh FRF•2 dralf.*2 RYH itFAAPRIIY $RI PR2441+I1#41 MI* 1341 -AF YIER1.13!FAT ,CR -i RIhbRMrR6Y1 C:dSr4etik •l.r t__i Cosrwrcial <13.1 MlWri G7+�-• 2III CR -2 R#6.RI [trnnr.✓Lkl s t1.1 6ilRFraa Ga.RrtraW2 CG -2 6.Mf+It., tieekl CU) 62.1,232.,. Canrr.alr:al GR.9 R,.u-1 Cernn.rcul FR Form Rural k Wthik ii r:rr IFP imIllnow. Peri. Lir50.114. H 14.17 -,34. 1-.1 RM 1.4.-.41:11.1-2 Orv. 4r4•1.3 R9•10 Svr9u. Fsniy 12 RAS ION* F wiy i iita;1 lump Fyn14..15 R rrWM RJ•iF FY.g. Fan112 13 RE RaFk12.1121 1.1.4 ▪ 0-TH iu.ahmav 31P 1p421.I Formic FtI RW;+TWc.Mp Paeb q:11 lion taxa.. Hap,* SUBJECT PROPERTY MN' I I 1111 lieeeeeee� LOCAT ON MAF'Ch City o' ij Aerial Overview • • • #r loop iF . I. FM 683 F41624 FM 1074 Rai fi lirs WN ff �yy :i.::::::: .� RSR w :CR d4 CR 40c,14RpLIPAN Vicinity imcRCR 3a m ,iwv44 'P Map 'C FM 2826 LT 6 n BEAR O �© Z SI .- CR 2B U CR 2B ize s a u U FM 43 Q kc CS. U CR 24 FIN 685 T ti K CR 18 FNl 2444 ?? i h Cysp (:' U C7 IX V m C Y SCO U CR f4 = N 1 Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting of September 8, 2015 DATE: August 12, 2015 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Executive Director of Utilities MarkV@cctexas.com (361) 826-1874 Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo@cctexas.com (361) 826-3792 Ordinance Adjusting Water, Wastewater and Gas Rates CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016. PURPOSE: To amend the Code of Ordinances for the revision of Water, Wastewater and Gas rates. BACKGROUND AND FINDINGS: The Proposed FY 2015-2016 Budget includes estimates of revenues generated from increased fees and rates and new fee/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: These rates will remain in place for next Fiscal Year. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 8, 2015 City Council meeting. DEPARTMENTAL CLEARANCES: Water, Wastewater, Gas FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 25,621,427 25,621,427 BALANCE 25,621,427 25,621,427 Fund(s): Comments: Rate changes and/or consumption changes will generate estimated additional revenue of $21,349,514 for Water, $3,956,714 for Wastewater and $315,199 for Gas. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) Effective October 1, 2014 January 1, 2016 Residential 5/8—% $ 9.33 $12.14 Commercial 5/8—% 13.17 12.14 Residential and Commercial 1 20.21 18.21 11/2 33.69 30.35 2 67.37 60.70 3 107.78 97.12 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 2 4 215.59 194.24 6 336.85 303.50 $ 11.20 14.57 8 and larger 673.69 607.00 Large Volume 16.16 14.57 Any size 17,510.00 22,784.00 Temporary construction 2/1.25 21.85 1 20.21 18.21 /10.13 36.42 1% 33.69 30.35 2 67.37 60.70 2. Outside city limits ("OCL"): Meter Size (Inches) Effective October 1, 201'1 January 1, 2016 Residential 5/8—% $ 11.20 14.57 Commercial 5/8—% 16.16 14.57 Residential and Commercial 1 2/1.25 21.85 11/2 /10.13 36.42 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 3 2 80.84 72.84 3 129.31 116.54 4 258.71 233.09 6 401.22 364.20 8 and larger 808.43 728.40 Large Volume Any size 29,216.00 38,015.00 Temporary construction 1 21.25 21.85 11/2 10.13 36.42 2 80.3472.84 b. Untreated water customers. Effective 44 October 1, 2011 January 2016 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $417.99 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 254.57 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 4 Minimum monthly service charge, industrial '117.99 436.88 Minimum monthly service charge, domestic 13.92 14.55 Minimum annual service charge, domestic 139.32145.62 Minimum monthly service charge, agricultural irrigation water service 208.85 218.29 Minimum monthly service charge, temporary construction water service 278.46 291.05 Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 47€4710 1679.64 1Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57, the customer shall be billed $254.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective October 1, 2014 January 1, 2016 Any size $29,216.00 36,280.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: Effective C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 5 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: October 1, 2011 January 1, 2016 First 2,000 Gallons Minimum* Next 4,000 Gallons $1.751 6.07 Next 4,090 9,000 Gallons 5.939 6.980 Next 5,000 Over 15,000 Gallons 6.829 7.59 Next 15,000 Gallons 8.311 Next 20,000 Gallons Ncxt 20,000 Gallons 10.095 Ncxt 50,000 Gallons 10.986 Over 100,000 Gallons 11.877 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Effective October 1, 2011 January 1, 2016 First 2,000 Gallons Minimum* Next 4,000 Gallons $2.028 2.34 Next 4,000 9,000 Gallons 2.535 2.92 Next 5,000 Over 15,000 Gallons 2.915 3.65 Next 15,000 Gallons -.549 Next 20,000 Gallons 1.310 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Ncxt 50,000 Gallons 1.690 Over 100,000 Gallons 5.070 *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: 6 Effective October 1, 2011 January 1, 2016 1 First 2,000 Gallons Over 2,000 Gallons Minimum* $5.672 6.781 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective October 1, 2014 January 1, 2016 1 First 2,000 Gallons Over 2,000 Gallons Minimum* $3.086 3.012 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective October 1, 2014 January 1, 2016 1 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 7 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.106 3.092 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) First 2,000 Gallons Next 00 Over 2000 Gallons Effective October 1, 2011 January 1, 2016 Minimum* $ 8.314 7.59 Next 20,000 Gallons 10.095 Ncxt 50,000 Gallons 10.986 Over 87,000 Gallons 11.877 I 2. Outside city limits Meter Size (Inches) First 2,000 Gallons Ncxt 15,000 Over 2000 Gallons Effective October 1, 2014 January 1, 2016 Minimum* $3.549 3.65 Ncxt 20,000 Gallons —4.310 Next 50,000 Gallons 1.690 1 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 41 8 Over 87,000 Gallons 5.070 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective October 1, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.253 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a Targe volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Effective October 1, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.914 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a Targe volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 9 commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Effective October 1, 2014 January 1, 2016 First 10,000,000 Gallons Each Additional 1,000 Gallons Minimum* $1.180 5.686 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective October 1, 2014 January 1, 2016 1 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $1.914 1.998 *Use the minimum charges in subsection (a)(1). 9. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective October 1, 2014 January 1, 2016 1 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2.677 $3.628 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 10 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective October 1, 20111 January 1, 2016 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $0.111 $0.127 *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: Effective October 1, 2014 January 1, 2016 1 First 2,000 Gallons Over 2,000 Gallons Minimum* $5.672 6.781 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective October 1, 2014 January 1, 2016 First 2,000 Gallons Minimum* C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 11 Over 2,000 Gallons $3.086 3.012 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Effective October 1, 2014 January 1, 2016 First 2,000 Gallons Over 2,000 Gallons Minimum* 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective October 1, 2014 January 1, 2016 1 First 2,000 Gallons Over 2,000 Gallons Minimum* 2 x RWCA *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. Effective October 1, 201,1 January 1, 2016 1 First 2,000 Gallons Minimum* C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 12 Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). J. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Effective October 1, 201/1 January 1, 2016 First acre foot or fraction thereof Minimum* Over acre foot $1,155.00 1206.98 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. , according to the following procedures: Two subsequent years' RWCA will be calculated according to the following procedures, C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 13 and then an average rate determined which will yield raw water required revenues over a two-year period. (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (5) (7) (9) (10)Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 14 reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11)Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12)Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13)Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14)Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15)The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16)At fiscal year end, dDetermine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 15 Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions." (Ord. No. 9472, 8-27-1969; Ord. No. 11613, 8-8-1973; Ord. No. 12208, §§ 1, 2, 8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1, 2, 8-12-1981; Ord. No. 16593 § 1, 10-14- 1981; Ord. No. 17166, §§ 1-3, 7-28-1982; Ord. No. 17762, §§ 1, 2, 8-3-1983; Ord. No. 18351, §§ 1, 2, 7-24-1984; Ord. No. 18587, §§ 1, 2, 12-4-1984; Ord. No. 20411, §§ 1, 2, 7-26-1988; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21438, §§ 1-4, 7-21-1992; Ord. No. 21814, § 1(a) - (c), 12-14-1993; Ord. No. 22741, § 1, 11-12-1996; Ord. No. 22832, § 1, 1-28-1997; Ord. No. 22879, § 1, 3-25-1997; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 23910, § 1, 1-11-2000; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § la, 7-24-2001; Ord. No. 24969, § 1, 7-23-2002; Ord. No. 25386, § 1, 7-22-2003; Ord. No. 025866, § 1, 7-27-2004; Ord. No. 026368, § 1, 7-26- 2005; Ord. No. 026900, § 1, 7-25-2006; Ord. No. 027355, § 1, 7-24-2007; Ord. No. 027781, § 1, 7-22-2008; Ord. No. 028256, § 1, 7-28-2009; Ord. No. 028686, § 1, 7-20-2010; Ord. No. 029158, § 1, 7-26-2010; Ord. No. 029386, § 1, 2-28-2012; Ord. No. 029584, § 1, 7-31-2012; Ord. No. 029917, § 1, 7-30-2013; Ord. No. 030242, § 2(Exh. A), 7-29-2014; Ord. No. 030295, § 1, 9-23-2014) SECTION 2. Section 55-61 of the Code of Ordinances regarding gas rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-61. - Classification of customers and schedules of rates. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 16 (a) Residential customers. (1) Inside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). IRate per MCF Effective October 1, 201'IJanuary 1, 2016 Monthly Consumption Meter Charge $1.25$1.27 First 1 MCF (minimum bill) 10.1010.38 Next 2 MCF 5.705.81 Next 3 MCF 3.303.36 Next 4 MCF 3.203.26 Next 20 MCF 3.113.17 Next 20 MCF 2.662.71 All over 50 MCF 2.212.25 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Monthly Consumption Rate per MCF Effective October 1, 201/January 1, 2016 Meter Charge $1.25$1.27 First 1 MCF (Minimum Bill) 4.04910.38 Next 2 MCF 5.705.81 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 17 Next 3 MCF 3.303.36 Next 4 MCF 2.482.53 Next 20 MCF 1.661.69 Next 20 MCF 1.621.65 All over 50 MCF 1.471.50 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). Monthly Consumption Rate per MCF Effective October 1, 2011January 1, 2016 Meter Charge First 1 MCF (minimum bill) Next 2 MCF $4.50$1.53 12.5712.80 6.386.50 Next 3 MCF 3.703.77 Next 4 MCF .593.66 Next 20 MCF 3.493.56 Next 20 MCF 2.973.03 All over 50 MCF 2.472.52 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 18 b. Summer rates (from April Cycle 11 through November Cycle 10). Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: Monthly Consumption Rate per MCF Effective October 1, 2011January 1, 2016 Meter Charge First 1 MCF (minimum bill) $16.00$16.30 10.4310.62 Next 2 MCF 5.705.81 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective October 1, 201/January 1, 2016 Meter Charge X50$1.53 First 1 MCF (minimum bill) 12.5712.80 Next 2 MCF 6.386.50 Next 3 MCF 3.703.77 Next 4 MCF 2.772.82 Next 20 MCF —17861.89 Next 20 MCF 1.811.84 All over 50 MCF 1.651.68 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: Monthly Consumption Rate per MCF Effective October 1, 2011January 1, 2016 Meter Charge First 1 MCF (minimum bill) $16.00$16.30 10.4310.62 Next 2 MCF 5.705.81 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 19 Next 3 MCF 5.325.42 Next 4 MCF 5.235.33 Next 40 MCF 5.125.22 Next 50 MCF 2.212.25 Next 100 MCF X841.87 Next 100 MCF 1.621.65 Next 700 MCF 1.5'11.57 Next 1,000 MCF 1.331.35 Next 13,000 MCF 1.201.22 All over 15,000 MCF 1.1'11.16 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Monthly Consumption Rate per MCF Effective October 1, 2011January 1, 2016 Meter Charge $19.08$19.44 First 1 MCF (minimum bill) 12.8513.09 Next 2 MCF 6.386.50 Next 3 MCF 966.07 Next 4 MCF 5.865.97 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 20 Next 40 MCF 5.7'15.85 Next 50 MCF 2.472.52 Next 100 MCF 2.062.10 Next 100 MCF 1.811.84 Next 700 MCF 1.731.76 Next 1,000 MCF 1.491.52 Next 13,000 MCF 1.3'11.37 All over 15,000 MCF 1.281.30 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (c) Seasonal customers (partial year service) rates. (All customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: Monthly Consumption Rate per MCF Effective October 1, 2011January 1, 2016 Meter Charge $ 1.25$1.27 First 1 MCF (minimum bill) Next 2 MCF 16.9117.23 15.2715.56 Next 3 MCF 11.2611.47 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 21 Next 4 MCF 7.267.40 Monthly Consumption Next 30 MCF 3.113.17 Meter Charge Next 20 MCF 2.662.71 20.3120.69 All over 50 MCF 2.212.25 17.0917.41 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective October 1, 2014January 1, 2016 $ 1.50$1.53 Meter Charge First 1 MCF (minimum bill) 20.3120.69 Next 2 MCF 17.0917.41 Next 3 MCF 12.6112.85 Next 4 MCF 8.138.28 Next 20 MCF x.493.56 Next 20 MCF 2.973.03 All over 50 MCF 2.172.52 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 22 have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective Octobcr 1, 2011January 1, 2016 Meter Charge $16.00$16.30 First 1 MCF (minimum bill) 10.4310.62 Next 2 MCF 5.705.81 Next 3 MCF 5.325.42 Next 4 MCF 4.624.71 Next 40 MCF 3.903.97 Next 150 MCF 1.661.69 Next 100 MCF 1.511.57 Next 700 MCF 1.331.35 Next 1,000 MCF 1.201.22 Next 13,000 MCF 1.111.16 All over 15,000 MCF 1.091.11 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 23 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (e) Purchased gas adjustment (PGA). The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx IRate per MCF Monthly Consumption Effective October 1, 2014January 1, 2016 11 Meter Charge $19.08$19.44 First 1 MCF (minimum bill) 12.8513.09 Next 2 MCF 6.386.50 Next 3 MCF 5.966.07 Next 4 MCF 5.185.28 Next 40 MCF 1.374.45 Next 150 MCF 861.89 Next 100 MCF 1.731.76 Next 700 MCF 1.491.52 Next 1,000 MCF 1.341.37 Next 13,000 MCF 1.281.30 All over 15,000 MCF 1.221.24 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (e) Purchased gas adjustment (PGA). The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx (f) 24 Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. " (Code 1958, §§ 38-46, 38-47; Ord. No. 8552, § 1, 8-2-1967; Ord. No. 9685, § 1, 3-25-1970; Ord. No. 9812, § 1, 6-24-1970; Ord. No. 9883, § 2, 8-12-1970; Ord. No. 11614, § 1, 8-8-1973; Ord. No. 11755, § 1, 10-24-1973; Ord. No. 11867, § 1, 1-9-1974; Ord. No. 12210, § 1, 8-7-1974; Ord. No. 15043, § 1, 8-8-1979; Ord. No. 15701, §§ 1, 3, 8-13-1980; Ord. No. 15950, §§ 1, 3, 12-24- 1980; Ord. No. 16451, § 1, 8-12-1981; Ord. No. 16582, § 1, 10-7-1981; Ord. No. 17155, §§ 1, 2, 4, 7-28-1982; Ord. No. 17761, §§ 1, 2, 4, 8-3-1983; Ord. No. 18939, §§ 1, 2, 4, 7-23-1985; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21439, § 1, 7-21-1992; Ord. No. 21814, § 1(d), 12-14- 1993; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § lc, 7- 24-2001; Ord. No. 24969, § 4, 7-23-2002; Ord. No. 25396, § 4, 7-22-2003; Ord. No. 025866, § 3, 7-27-2004; Ord. No. 026368, § 3, 7-26-2005; Ord. No. 026900, § 3, 7-25-2006; Ord. No. 027355, § 3, 7-24-2007; Ord. No. 027781, § 5, 7-22-2008; Ord. No. 028256, § 3, 7-28-2009; Ord. No. 028688, § 1, 7-20-2010; Ord. No. 029917, § 3, 7-30-2013; Ord. No. 030242, § 3(Exh. A), 7-29-2014; Ord. No. 030295, § 3, 9-23-2014) SECTION 3. Section 55-64 of the Corpus Christi Code of Ordinances regarding compressed natural gas rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-64. - Classification of customers and compressed natural gas rates. (a) Compressed natural gas rates. (1) The director shall prepare the rates for the sale of compressed natural gas. (2) The rates shall be based on the sum of: a. The compression charge, b. The distribution charge, c. The commodity charge [refer to subsection 55-61(e) PGA], d. Federal tax, and e. State tax. (b) Retail and consumer rates. The rate categories at which compressed natural gas shall be set are as follows: (1) Wholesale. Consumers who own or operate a fleet of more than ten (10) vehicles may purchase compressed natural gas at a reduced wholesale rate. (2) Retail. All other consumers may purchase compressed natural gas at the retail rate. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 25 (c) Periodic rate gas adjustment. The director shall adjust the rates on a periodic basis with city council approval. Adjustment of rates will be based on annual reviews of the compression charge based on the city's cost to compress the natural gas for sale and/or the distribution charge based on the city's cost to distribute natural gas for sale. (d) Commodity charge. The director shall adjust the commodity charge based on the purchased gas adjustment as provided in subsection 55-61(e) PGA. (e) Current rate schedule. CNG Service Wholesale (>10 Vehicles) Service Component Current Price $/MCF Current Price $/Gasoline Gallon Equivalent Compression Charge Distribution Charge 0.97 0.99 1.05 1.07 0.12 0.13 Commodity Charge (changes monthly based on PGA) 5.31 Federal Tax (if applicable) 1.52 State Tax (if applicable) 1.25 Total Charge 10.1010.14 0.64 0.18 0.15 1.211.22 CNG Service Wholesale (<10 Vehicles) Service Component Compression Charge Current Price $/MCF Current Price $/Gasoline Gallon Equivalent 0.97 0.99 0.12 Distribution Charge 1.45 1.48 Commodity Charge (changes monthly1 5.31 0.17 0.64 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 26 based on PGA) Federal Tax (if applicable) 1.52 0.18 State Tax (if applicable) 1.25 0.15 Total Charge 10.5010.55 1.26 (Ord. No. 024067, § 1, 6-20-2000; Res. No. 029538, 6-26-12; Ord. No. 030295, § 3, 9-23-2014) SECTION 4. Section 55-100 of the Corpus Christi Code of Ordinances regarding wastewater rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-100. - Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification Effective October 1, 2011 January 1, 2016 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $ 29.23 34.03 Inside city limits One -family per 1,000 gallons over 2,000 5.75 6.69 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 161.48 187.90 Outside city limits One -family minimum monthly charge (first 2,000 gallons) 37.36 42.54 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 27 Outside city limits One -family per 1,000 gallons over 2,000 12.76 14.85 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) 330.8'1 384.09 Inside city limits Commercial minimum monthly charge (first 2,000 gallons) 39.53 46.02 Inside city limits Commercial per 1,000 gallons over 2,000 44-1-4.79 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) 50.23 57.53 Outside city limits Commercial per 1,000 gallons over 2,000 8.23 9.59 (b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed every two years on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each even -numbered year. b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customcrs cubjcct to wintcr avcraging dividcd by the number of wintcr avcraging customcrs 3,000 gallons per month, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 28 (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one -family residential customers only. c. The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each even -numbered year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consumption. 2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after August 31 December 31 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. {3) Administrative change in rates. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 29 a. The city managcr shall annually, bat -..,cd upon the wintcr average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each the utility rate model for determining wastewater rates, the adopted (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148." (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, § 1(e), (f), 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014) Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance and all revised water, gas, and wastewater rates included this ordinance take effect on January 1, 2016. C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 30 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 C:\Users\GRAN IC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Utility Rates Council Presentation August 25, 2015 Sample Water Bills Usage 2015 2016 2017 Min 3,000 $11.47 17.29 4,000 23.12 5,000 28.94 6,000 34.76 10,000 62.79 12,000 78.59 15,000 102.29 20,000 149.21 35,000 298.89 45,000 408.43 $14.12 21.19 $14.12 21.19 28.25 28.25 35.31 35.31 42.37 42.37 74.26 74.26 90.21 90.21 115.24 115.24 153.17 153.17 266.99 266.99 342.86 342.86 Other Utilities • Wastewater (3,000) gallons $34.98 $38.86 $38.86 • Gas (2 MCF) $17.14 $17.46 $17.46 Additional Changes • Effective date of all changes is January 1, 2016 • Public Agency for Retail Rates will be brought separately • RWCA calculated every other year except where required by contract • Wastewater Winter Average updated every other year • New Residential Wastewater Accounts set at 3,000 gallons per month Questions? Backup Slides Rate Impact • Operation & Maintenance — 2016: ($0.01) (1,009 Gallon4) • Capital Improvements Program — 2016: $1.38 Storm Water Street Bond 7 Water Rate Comparison • Texas Municipal League Data (For 5,000 Gallons) — http://www.tml.org/surveys Number of Municipalities Participating = 634 How do these rates compare to 2015 Rates? Paint Rock Witchita Falls Austin Corpus Christi Proposed San Antonio Fort Worth Plano Arlington CC w/o Storm Water Amarillo Irving Laredo Lakeview 0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 ICL Residential Trend 40 0 to 2 2 to 6 6to10 10to15 15 to 30 30 to 50 50 to 100 100 to 1000 Volume Billed (1,000 Gallons) - 30 25 20 15 10 5 Number of Customers AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2015 Second Reading Ordinance for the City Council Meeting of September 15, 2015 DATE: August 25, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2601 Ordinance amending Section 53-109, Code of Ordinances, to allow golf cart operation on North Beach CAPTION: Ordinance amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. PURPOSE: To allow for the operation of golf carts on North Beach. BACKGROUND AND FINDINGS: On December 14, 2010, City Council passed an ordinance allowing operation of golf carts on Mustang and Padre Island. Since passing there have been no accidents involving golf carts. The City of Port Aransas which requires licensed golf cars states the main issues they have involve under age drivers, passengers falling out on the beach, and thefts. Crashes involving vehicles and golf carts are rare. On August 24, 2015, the Transportation Advisory Committee gave a vote of support to add golf carts on North beach to the existing ordinance. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance 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): General Comments: RECOMMENDATION: Staff recommends approval of ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 53, Section 109 is amended as follows: Sec. 53-109. - Operation of golf cart. As authorized under Texas Transportation Code Section 551.404(a), a person who holds a valid driver's license may operate a golf cart on a public highway with a posted speed limit of not more than thirty-five (35) miles per hour if: (1) The person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart owned by the political subdivision; (2) The person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway; The person is employed by a restaurant, hotel, or tourist related business, and is transporting guests in a golf cart owned by the restaurant, hotel, or tourist related business, to and from the parking lots to the business; (4) The person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two (2) facilities under common ownership in a golf cart owned by the restaurant, hotel, or tourist related business; If the golf cart is operated on a highway within the city limits on Mustang Island east of S.H. 361 and north of Packery Channel; or (6) If the golf cart is operated on portions of Mustang and Padre Island within the city limits that are south of Packery Channel,-. or (7) If the golf cart is operated on a highway within the city limits on North Beach (3) (5) east of U.S. 181 and north of the Harbor Bridge. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. Page 1 SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. Page 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez 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 Page 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 31, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2601 Ordinance amending Chapter 6 of the Code of Ordinances to modify the animal care ordinance CAPTION: Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; requiring security fence and leash for dangerous dogs; establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. PURPOSE: Updating to current code of ordinances regarding animal care. BACKGROUND AND FINDINGS: The changes to the ordinance are: • Defined secure enclosure. Our ordinance did not have a clear definition of what was considered a secure enclosure for the animals that the city were deeming dangerous. Because of this, we were releasing dangerous animals back into the public without standards for the way the animals had to be secured on premises when not on a leash. • Changed the color of collar for Dangerous Dog from lime green to "bright colored" with the words "dangerous dog" printed on it. The former law required a lime green collar, and no one knew that lime green meant dangerous animal. We have a supplier lined up and ready to produce the collars that we can in turn sell to the people wishing to buy them from the city. • Tethering — added that an animal that is not in an enclosed/ secure back yard, must be kept on a running line, pulley, or trolley system. Animals can still be secured by tethering them to a fixed object for a period of time as long as it does not create an unhealthy situation for the animal. This change puts Corpus Christi in line with most of the cities in the State regarding tethering. These changes were approved by the Animal Care Advisory Committee on June 18, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Whereas, dangerous dogs escaping confinement has been a reoccurring issue; and Whereas, a tethering ordinance can prevent animal cruelty. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, Section 32 Dangerous dog registration, is amended as follows: Sec. 6-32. - Dangerous dog registration. (a) A dog found to be a "dangerous dog" as defined in V.T.C.A., Health and Safety Code ch Chapter 822, as it may be amended, must wear a dangerous dog registration tag issued annually by the aAnimal ECare sServices division upon a payment of the maximum fee allowed for a dangerous dog registration under V.T.C.A., Health and Safety Code eh Chapter 822, as it may be amended. The dangerous dog registration fee is listed in the fee schedule pursuant to section 6- 15 of this chapter. (b) A dangerous dog registration tag must be worn at all times by the dangerous dog attached to a lime green brightly colored, one -inch -wide collar with the words "Dangerous Dog" printed on the collar. (c) The owner of a dangerous dog shall present proof of the secure enclosure in which the dog will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that may result from an attack by the dangerous dog causing bodily injury to a person, and proof of compliance with other conditions as may be required by the aAnimal ECare sServices n4Manager and in addition to what may be required under V.T.C.A., Health and Safety Code eh Chapter 822, as it may be amended. (d) The aAnimal ECare sServices FRManager may require a dangerous dog to be removed from the city limits. SECTION 2. Chapter 6, Section 160 Dangerous Dog Fencing is created as follows: Sec. 6-160. - Dangerous dog fencing Not later than the 30th calendar day after the date a licensee or owner learns that he is the owner of a dangerous dog that is not to be humanely euthanized, the licensee or owner shall confine the dog in a secure enclosure. SECTION 3. Chapter 6, Section 161 Dangerous Dog leash is created as follows: Sec. 6-161. - Dangerous dog leash Any dangerous dog not in a secure enclosure shall be restrained at all times on a leash of sufficient strength to control the dog, no longer than six feet in length and in the immediate control of a person at any time the dog is not in a secure enclosure. SECTION 4. Chapter 6, Section 1 Definitions, is amended as follows: Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure means a fenced area or structure that is: (1) At least six feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five feet from another property line or fence adjoining the premises on which the enclosure is located. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a fixed object or other device so as to limit its range of movement. 2 SECTION 5. Chapter 6, Section 162 Tethering dogs and other animals, is created as follows: Sec. 6-162. - Tethering dogs and other animals. It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal. This section does not apply to any animal that is restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch -type, prong -type, choke -type, or improperly fitted collar SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 9. This ordinance takes effect after official publication. 3 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 the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2015 Second Reading Ordinance for the City Council Meeting of September 15, 2015 DATE: August 25, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikemacctexas.com 886-2603 Accepting and appropriating the 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,278,946 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, automated ticket writers, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. On June 23, 2015, City Council approved the grant application and an interlocal agreement with Nueces County to share the funds on a 50/50 basis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $149,112 $149,112 BALANCE $149,112 $149,112 Fund(s): Police Grants Fund Comments: There is no match required by the City. The City will pay Nueces County a total of 50% or $74,556 of the JAG funds received from this award, per the interlocal agreement. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $ 149,112 for the FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $ 149,112 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, 50% of the funds are to be distributed to Nueces County. 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 Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 August 24, 2015 Mr. Ronald Olson City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Mr. Olson: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $149,112 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Melanie Davis, Program Manager at (202) 305-7944; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr August 24, 2015 Mr. Ronald Olson City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Mr. Olson: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR fmdings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse fmding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst �`ow`� e ° P,,,NoTop.„ 1 �IO° o -, �, 1 F bM �jVe �Gf !1 �� JusTICE Q� ` Department of Justice Office of Justice Programs i Bureau of Justice Assistance Grant PAGE 1 OF 9 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 4. AWARD NUMBER: 2015-DJ-BX-0616 5. PROJECT PERIOD: FROM 10/01/2014 TO 09/30/2018 BUDGET PERIOD: FROM 10/01/2014 TO 09/30/2018 6. AWARD DATE 08/24/2015 7. ACTION 2a. GRANTEE IRS/VENDOR NO. 746000576 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO. 069457786 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 15 JAG Program 10. AMOUNT OF THIS AWARD $ 149,112 11. TOTAL AWARD $ 149,112 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY15(BJA - JAG) 42 USC 3750, et seq. 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Ronald Olson City Manager 17. SIGNATURE OF APPROVING OFFICIAL 4 i© .de_ 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 149112 21. PDJUGT0432 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs (OJP). For this 2015 award, the Part 200 Uniform Requirements, which were first adopted by DOJ on December 26, 2014, supersede, among other things, the provisions of 28 G.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. If this 2015 award supplements funds previously awarded by OJP under the same award number, the Part 200 Uniform Requirements apply with respect to all award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 C.F.R. 200.317 through 200.326). For more information on the Part 200 Uniform Requirements, including information regarding the potentially -available grace period described above, see the Office of Justice Programs (OJP) website at http://ojp.gov/funding/Part200UniformRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"). 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient, and may result in suspension of funding until such time as the recipient is in compliance, or termination of the award. 4. The recipient understands and agrees that OJP may withhold award funds, or may impose other related requirements, if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 5. Recipient understands and agrees that it cannot 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 OJP. 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 7. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized to make subawards or contracts under this award -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward, contract, or subcontract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 8. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 9. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 11. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 12. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 13. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 14. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 15. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 16. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 18. The recipient must collect, maintain, and provide to OJP, data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes, specified in the program solicitation, or as otherwise specified by OJP. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 19. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 20. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 21. The recipient understands and agrees that it has a responsibility to monitor its subrecipients' compliance with applicable federal civil rights laws. The recipient agrees to submit written Methods of Administration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at CivilRightsMOA@usdoj.gov within 90 days of receiving the grant award, and to make supporting documentation available for review upon request by OJP or any other authorized persons. The required elements of the MOA are set forth at http://www.ojp.usdoj.gov/funding/other_requirements.htm, under the heading, "Civil Rights Compliance Specific to State Administering Agencies." 22. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 23. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 24. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 25. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Depatttnent of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Dept anent of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 26. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 27. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 28. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 29. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 30. The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 31. All procurement (contract) transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law, and with Federal procurement standards specified in regulations governing Federal awards to non -Federal entities. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive (e.g., sole source) procurements by the award recipient in excess of the Simplified Acquisition Threshold (currently $150,000) set out in the Federal Acquisition Regulation must receive prior approval from the awarding agency, and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 32. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 33. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 34. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 35. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 36. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 37. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 38. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic -resistant and stab -resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. 39. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 40. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 41. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 42. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 43. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf. 44. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 45. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final.pdf 46. Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. 47. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. ENT ppb 11 Department of justice ,; aP4o,T� �� , Office of Justice Programs saw. 1 = -z-, Bureau of Justice Assistance r, 1-,,,, ,,,,, ,11 F,USTics e GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant m — PROJECT NUMBER 2015-DJ-BX-0616 PAGE 1 OF 1 This project is supported under FY15(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) Melanie Davis (202) 305-7944 2. PROJECT DIRECTOR (Name, address & telephone number) Pat Eldridge Management Services Director P. O.Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 3a. TITLE OF THE PROGRAM BJA FY 15 Edward Byme Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 15 JAG Program 5. NAME & ADDRESS OF GRANTEE City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2014 TO: 09/30/2018 8. BUDGET PERIOD FROM: 10/01/2014 TO: 09/30/2018 9. AMOUNT OF AWARD $ 149,112 10. DATE OF AWARD 08/24/2015 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions will utilize the JAG award to support law enforcement and prosecution and court initiatives. Funds will be used to purchase in-car video system DVD equipment, voice recorders, camera equipment, storage inventory lockers, a firearms storage system, tactical earpieces, and bang boxes. The JAG OJP FORM 4000/2 (REV. 4-88) funds will also be used to support salary and benefits for a prosecutor who focuses on drug cases and to provide law enforcement training. The project goals are to improve the effectiveness and efficiency of the criminal justice system by funding a prosecutor position and the law enforcement officer training. NCA/NCF AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 8, 2015 Second Reading Item for the City Council Meeting of September 15, 2015 DATE: July 13, 2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com 361-826-3464 Joint Use Agreement with WeIIMed Charitable Foundation for Zavala Senior Center and Joe Garza Recreation Center CAPTION: Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue. PURPOSE: The Parks and Recreation Department and WeIIMed Charitable Foundation (WCF) have determined that a joint collaborative effort for the renovation of the Multigenerational Complex by the City and WCF, serving senior users in general, and offering enhanced programs to youth and families, is a unique opportunity and an efficient approach to addressing the needs of seniors and the general community. BACKGROUND AND FINDINGS: The Parks and Recreation experienced dramatic budget reduction in FY 2010 causing the reduction in hours of operation to both the senior center and the recreation center from 40 hours per week to 19 hours per week. This change led to limited programming and services for the seniors and youth in this community. Staff began exploring options to restore service delivery and discussions began with the WeIIMed Charitable Foundation. The WeIIMed Charitable Foundation has been successful with similar joint use agreements in other communities. Discussions began with WellMed Charitable Foundation in late 2014 and has led to the current joint use agreement. The joint use agreement provides for the funding of the renovation, management and joint use and location of the "Multigenerational Complex." by the WeIIMed Charitable Foundation. The City will continue to operate the Nutrition program at this site and will run the youth program separately from this Agreement. ALTERNATIVES: Do not lease Zavala Senior Center and Joe Garza Recreation Center. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Lease requires two readings at least 28 days apart. 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 Encumbered/ Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WellMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue 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 a five year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue. 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 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , 2015, by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor EXECUTION COPY JOINT USE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND WELLMED CHARITABLE FOUNDATION This Joint Use Agreement ("Agreement") is made this day of , 2015, by and between the City of Corpus Christi (hereinafter called "City"), a Texas municipal corporation and political subdivision acting by and through its City Manager or designee and WellMed Charitable Foundation, a Texas non-profit corporation (hereinafter called "WCF"). PREAMBLE WHEREAS, the City is recognized as having a commitment to providing Corpus Christi senior citizens with comprehensive services that will enhance their social, psychological, and physiological wellbeing; and WHEREAS, WCF has a mission to support seniors and their caregivers with a special emphasis on prevention, wellness and living well with chronic illness; and WHEREAS, the expense of renovating, constructing, operating and maintaining the Zavala Senior Center (herein, the "Senior Center") and the Joe Garza Recreation Center (collectively herein, the "Multigenerational Comptex"), as proposed herein, would be cost -prohibitive to either City or WCF, Individually; and WHEREAS, City and WCF have determined that a joint collaborative effort for the renovation of the Multigenerational Complex by the City and WCF, serving senior users in general, and offering enhanced programs to youth and families, Is a unique opportunity and an efficient approach to addressing the needs of seniors and the general community; and NOW, THEREFORE, in consideration of the covenants, conditions and provisions set forth herein, the parties hereto agree as follows: I. TERM 1.1. Except as otherwise provided for pursuant to the provisions hereof, this Agreement shall commence immediately upon its execution and shall continue for five (5) years. II. CONTRACT ADMINISTRATION 2.1. WCF's Executive Director shall be WCF's designated representative responsible for the administration of all contractual matters pertaining to this Agreement. 2.2. City's Director of the Parks and Recreation Department ("Dtrector") and/or his designee shall be City's representative responsible for the administration of this Agreement. 2.3. Communications between City and WCF shall be directed to the designated representatives of each as set forth in Sections 2.1 and 2.2 hereinabove. Ilt. STATEMENT OF GENERAL PURPOSE PDF 7.8.15 3.1. The purpose and intent of this Agreement is to provide for the funding of the renovation, management and joint use and location of the "Multigenerational Complex." The City will run the youth program separately from this Agreement. IV. SERVICES AND RESPONSIBILITIES 4.1. The parties agree that the "Zavala Senior Center" or "Senior Center" shall offer a multitude of services at no cost to persons 50 years of age and older, (herein referred to as "Seniors") in collaboration with WCF, including but not limited to social, recreational, fitness, nutrition (with nutrition program limited to persons 60 years of age and older), educational, health and screening services, and prevention programs. The parties also agree that the Senior Center shall consist of, at a minimum, recreational area(s), exercise room(s) and exercise equipment, a nutrition site for the serving and consuming of meals, classroom(s), computer lab or cyber cafe, health screening room(s), administrative and faculty/staff office space, reception area, custodial, storage and telecommunications areas, parking and ancillary support areas, all of which shall be comprised of approximately 7,530 square feet located at 510 Osage Street. A copy of the current floor plan for the Senior Center is attached hereto as Attachment "A-1," which is incorporated herein by reference for all purposes as if fully set forth. 4.2 The parties agree that the "Joe Garza Recreation Center" at 3204 Highland Ave, Corpus Christi, TX 78405 shall maintain full City management and oversight for current use as a recreation facility with programs for participants of all ages including after school programs; Summer Food Program; Fee based classes; rentals; and scheduling. A copy of the current floor plan for the Joe Garza Recreation Center is attached hereto as Attachment A-2, which is incorporated herein by reference for all purposes as if fully set forth. Joe Garza Recreation Center may also be used by the City as a nutrition site for the serving and consuming of meals. 4.3. WCF will contribute all expenses necessary (not to exceed $280,000 — the "Maximum Amount") to complete the renovations to the Zavala Senior Center and Joe Garza Recreation Center as described herein and on Attachment B. WCF will make payments directly to the applicable contractor(s). 4.4. The City shall provide, oversee, administer, and carry out the following activities and services at the Senior Center: a) Nutrition Program; b) City services request such as social services; c) Custodial and maintenance of facilities; and d) IT and telephone support. 4.5. The City shall employ an individual having responsibility for oversight of the City services and part-time (19 hours per week) Nutrition Site Manager at the Senior Center and liaison to City management and the WCF representative manager described below with regard to operations at the Senior Center. With regard to the services above, WCF staff located at the Senior Center shall defer to the decisions and direction given by the City's representative manager who shall have final decision making authority with respect to the matters described in Section 4.4 above. In no way shall this provision be interpreted to mean that WCF staff at the Senior Center must report to or be held accountable to the City's representative manager in matters unrelated to those stated in this Section. 4.6. With the exception of those activities and services set forth in Section 4.3 above, WCF will be responsible for the day-to-day management of the Senior Center and, in addition, shall provide, PDF 7.9.15 a 127797v.1 492341 oversee, administer, and carry out the following activities and services at no cost to the City and at no cost to the seniors at the Senior Center: a) Fitness/recreation activities; b) Multigenerational programming opportunities (i.e.; arts/crafts; theater arts; computer classes, etc.) c) Health, wellness and disease prevention educational programs; and d) Access to a dedicated call center for no cost qualification and renewals of Medicare Savings Programs. In addition, WCF may utilize Joe Garza Recreation Center to provide senior educational classes as scheduling permits. The activities and services provided at the Senior Center through WCF shall be substantially similar to the types and frequency as those previously provided through the City prior to the execution of this Agreement. 4.7. WCF shall directly employ an individual having responsibility for on-site oversight of the WCF services who shall serve as WCF's full-time on-site representative manager at the Senior Center and liaison to WCF management (the "WCF Senior Center Manager") and the City representative manager with regard to operations at the Senior Center. WCF shall additionally directly employ a receptionist and contract for the services of the number of personal trainers set out in the WCF budget for the Senior Center. All employees and contractors of WCF who provide any work or services at the Multigenerational Complex must first pass a criminal background check similar to the one used by the City for employees working with minors. The supervisors above the on-site WCF Senior Center Manager shall also be direct employees of WCF. 4.8. With regard to the services above in Section 4.4, City staff located at the Senior Center shall confer with WCF representative for matters involving the day-to-day operation of the Senior Center. Each entity shall have final decision making authority in their respective operations. In no way shall this provision be interpreted to mean that City staff at the Senior Center must report to or be held accountable to WCF's representative manager in matters unrelated to those stated in this Section. The parties agree to utilize the attached and incorporated Program Issues Resolution FlowChart attached hereto as Attachment "D" for contacts to assist with resolution of any issues regarding activities under this Agreement. 4.9. WCF is prohibited from requiring enrollment of a senior as a patient member of its affiliated medical group of practicing physicians as a prerequisite to providing the services required by this Agreement. All seniors frequenting the Senior Center shall have a right to the services required by this Agreement at no cost, and WCF is prohibited from altering, reducing, or diminishing the quality of services based upon a senior's enrollment or lack thereof as a patient in WCF's affiliated medical groups. Additionally, WCF shall ensure that it and its affiliate(s) notify seniors both within the Senior Center (i) of their option to receive health screening and education services covered by this Agreement at no cost within the Senior Center; (ii) that any additional diagnostic or treatment services beyond that which is offered in the Senior Center are separate and apart from the free services to which they are entitled in the Senior Center; and (iii) of their right to be referred to other medical care providers and institutions of their choice in the area to ensure comprehensive and quality care in order to meet the required standard of care for the health care industry. 4.10. The parties shall develop policies and procedures for management of responsibilities in the PDF 7.8.15 127797v.1 49234-1 3 temporary or long-term absence of a party's representative manager, the handling and notification of emergencies, public and media relations, and for any other subject matter the parties deem necessary and prudent. 4.11. WCF and City hereby agree to meet at least once quarterly and more frequently if the parties desire or deem necessary, to discuss and agree upon modifying, supplementing or discontinuing Senior Center services and programming based upon assessment of community needs and customer service feedback from the Senior Center. In recognition of the importance of nurturing a close spirit of cooperation between the parties to this Agreement, the parties shall endeavor to develop a relationship of trust and cooperation that will yield mutual assistance and facilitate the resolution of problems in order to implement the comprehensive service model. 4.12. WCF and the City are each independent contractors and are not agents or employees of the other and neither WCF nor the City will represent that it is an agent or employee of the other party. 4.13 WCF and the City shall coordinate with the Special Events Committee ("Committee") with respect to the utilization of the Senior Center by the Committee on occasional basis for special events coordinated by the Committee. 4.14 The City will retain ultimate authority for the operations and direction of the Senior Center and the Joe Garza Recreation Center. In the event of an impasse between the City and WCF about any matter, WCF will be entitled to discontinue its participation upon the giving of 60 days' advance written notice. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 5.1. Each party agrees to comply with all City, State and Federal laws, regulations, ordinances and codes affecting construction, procurement and operations pursuant to this Agreement. 5.2. WCF also agrees to require by written agreement that its consultants, contractors, subcontractors and their respective officers, agents, employees, directors, and representatives comply with all city, state and federal laws, regulations, ordinances and codes affecting construction. procurement and operations pursuant to this Agreement. VI. RECORDS, REPORTING, RETENTION 6.1. The Parks and Recreation Department is assigned monitoring, fiscal control, and evaluation of senior service contracts funded by the City or to which the City is a party. Therefore, at such times and in such form as may be required by the Director of the Parks and Recreation Department, WCF shall furnish to the Director of the Parks and Recreation Department and the grantor of grant funds, if applicable, such statements, records, data, all policies, procedures, and information and permit the City and grantor of the grant funds, if applicable, to have interviews with its personnel, board members and program participants pertaining to the matters covered by this Agreement. WCF ensures that all information contained in all required reports submitted to City is accurate. 6.2. WCF shall retain all records, documents, reports and written accounting policies and procedures pertaining to the renovation / construction of the Senior Center and services provided under this Agreement for the period(s) set forth in the official records retention schedules of the Local Government Records Act of 1989 and any amendments thereto, and make available to the City at all reasonable times such records, documents, reports and written accounting policies and procedures. PDF 7815 127797v.1 49234-1 VII. CONSULTANT AND CONTRACTS 4 7.1. It shall be WCF's responsibility to advertise for design, and contract bids and to award, in WCF's name, such contract(s) for the renovation / finish out of the Senior Center and Joe Garza Recreation Center as described on Attachment B. Attachment B shall also include a timeline for completion. WCF shall advise City of its recommendations regarding the firms to which it proposes to award contracts. The decision as to whom contracts are awarded is ultimately WCF's so long as such awards to not require payment of any municipal funds. 7.2. Monitoring and administration of such contracts, and the making of payments to contractors shall be the responsibility of WCF. Notwithstanding the foregoing, WCF agrees to coordinate and consult with City during the design, planning and specification phase. WCF agrees to keep the Director of the City's Parks and Recreation Department, informed of construction progress and of any problems or delays encountered during construction. 7.3. WCF agrees to contractually require payment and performance bonds and insurance from all contractors and consultants hired for the renovation project. 7.4 (A) No construction or modifications may be made, and no drilling, excavation, or penetration of the soil surface may be conducted without the prior written approval of the Director. WCF shall not make any additions or alterations without the Director's prior written approval, which such approval shall not be unreasonably withheld, conditioned or delayed. If approved, WCF must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Agreement proceeding with any type of -addition or alteration. (B) All construction, additions, alterations and equipment as described herein and on Attachment B must be made at WCF's expense. WCF must provide proof to the Director of sufficient funds on hand, subject to the Maximum Amount, to complete the work on Attachment B and any other reasonably anticipated addition or alteration. All additions, alterations and equipment installed by WCF must be promptly repaired or replaced at WCF's expense. All additions or alterations made by WCF and accepted by the Director become the property of the City without necessity of any legal action. WCF maintains ownership of its equipment used at the Multigenerational Complex and at the termination of this Agreement, WCF agrees to donate the exercise equipment to the City. (C) The plans and specifications for all additions or alterations shall be prepared by state -licensed architects or engineers. The plans and specifications must be approved in writing by the Director of Capital Programs or designee prior to construction. (D) A payment bond is required for construction contracts that exceed $25,000. A performance bond is required for construction contracts that exceed $100,000. The bond(s) shall be provided by WCF and made with the City as the obligee. (E) Lessee shall ensure that an indemnity clause reasonably acceptable to the City Attorney or his designated Assistant City Attorney is included in all contracts related to construction or WCF's services provided at the property. (F) Ali construction contracts must be approved in writing by the Director of Capital Programs or designee, which such approval shall not be unreasonably withheld, conditioned, or delayed. All construction contracts must include terms regarding the City's ability to inspect, reject and accept the work, which such acceptance shall not be unreasonably withheld, conditioned, or delayed. (G) WCF shall keep the Multigenerational Complex free from any liens arising out of any work performed, materials furnished or obligations incurred by WCF, and shall indemnify, protect and hold harmless City from any liens and encumbrances arising out of any work performed or materials PDF 7.8.15 5 127797v1 49234-1 furnished by or at the direction of WCF. If, at any time during the Agreement any interest of City in the Premises becomes subject to a lien for labor or materials fumished to WCF in the repair or improvement of the Multigenerational Complex, within thirty (30) days after WCF's receipt of written notice informing WCF of the recording of such lien, WCF shall cause the lien to be bonded or discharged, and shall otherwise defend and hold City harmless on account thereof, provided, however, that if WCF desires in good faith to contest the validity or correctness of any such lien, it may do so, and City shall cooperate to whatever extent may be necessary, provided only that WCF shall defend and indemnify City against any costs, loss, liability or damage on account thereof, including reasonable attorneys' fees. The interest of City In the Multigenerational Complex shall not be subject to liens for improvements made by or for the account of WCF, for which WCF shall provide due notice to all parties who provide any services or materials with respect to any work on the Multigenerational Complex. VIII. COORDINATION AND CONSULTATION DURING RENOVATION 8.1. Throughout the design, planning and specification phase, WCF shall keep the Parks and Recreation Department reasonably Informed of progress of the design, re -design, finish -out, and construction, if applicable, of the Senior Center. To accomplish such, WCF and City hereby agree to designate one (1) staff member each to act as a project liaison for the purpose of coordinating with one another regarding the progress of and furthering of the renovation project. 8.2. WCF shall provide to City its construction and finish -out plans and specifications for the Senior Center ("Plans") and such Plans shall be subject to the review and approval of City Director of Capital Programs or his designee, which approval shall not be unreasonably withheld, conditioned or delayed. After approval by City, such Plans shall be marked "Approved," dated, and attached hereto and made a part of this Agreement and incorporated herein by reference as if fully set forth. WCF shall not make any substantial changes to the Plans without the prior written approval of City, which approval shall not be unreasonably withheld, conditioned or delayed. Any modified plans that are later approved shall be labeled so as to clearly indicate the date of approval and shall be attached as substituted approved Plans. 8.3. WCF shall submit all proposed changes to the Director of Parks and Recreation Department and Director of Capital Programs for review and approval to ensure their compatibility with the Plans, which approval shall not be unreasonably withheld, conditioned or delayed. 8.4. Commencing promptly after award of the construction contract(s) and continuing diligently thereafter until completion, WCF shall cause to be constructed the improvements at the Senior Center in accordance with the Plans and provided that construction shall be made in a good and workmanlike manner. 8.5. Representatives for the parties shall meet on a regularly scheduled basis at the Senior Center to review the progress of construction. Beyond scheduled meetings, City shall have authority to visit the Senior Center during normal business hours throughout the construction process to ensure compliance with the Plans. City staff shall contact the WCF representative by telephone, leaving a message if the representative cannot be reached, in order to provide advance notice of a visit by City staff and those that accompany City staff. Notwithstanding the foregoing, the City agrees that any comments regarding construction progress shall be directed to the WCF representative and not to contractors or other individuals working at the construction site. WCF shall cause its project consultants and contractors, as the case may be, to provide periodic certifications of construction and the final certification certifying that construction has been conducted in compliance with the Plans. PDF 7.8.15 127797v,1 49234-1 8.6. Should the Parks and Recreation Department observe any deficiencies or other problems in design or construction work, the same shall be immediately reported to WCF's project liaison for the renovation project. WCF agrees to promptly consider the report, and, where appropriate, cause corrective action(s) to be takenit shall be WCF's sole responsibility to determine and diligently pursue the appropriate action required. Only WCF shall have the authority to issue a stop work order to the construction contractor or project consultants. However, City Building Official or Director of Capital Programs shall have authority to issue a stop work order to WCF when determined to be necessary to prevent a material non-compliance with applicable building codes or permits. IX. FINAL PROJECT INSPECTION AND ACCEPTANCE 9.1. WCF agrees to notify the City's Parks and Recreation Department Director of the date and time of final project inspection. WCF agrees to permit City representatives to participate in such final inspection and to include such deficiencies, if any, as may be noted by City representatives, in the punch list for correction by the construction contractor. 9.2. WCF shall provide City with a copy of the final project acceptance document and shall also provide City with a set of as -built plans within a reasonable period of time following project acceptance. Thereafter, the Director may provide WCF with written notice of City acceptance of the work performed through WCF and WCF's contractor, which such acceptance shall not be unreasonably withheld, conditioned or delayed. X. TIMES OF OPERATION 10.1. The parties shall mutually agree upon operating days and hours for the Senior Center based upon the needs of the population served, which schedule shall include agreed nationally observed holidays or days of shut -down for maintenance periods. The parties agree that the hours may be modified from time to time as a result of customer service feedback or studies performed or commissioned by the City. The minimum operating days and hours for the senior Center are as follows unless otherwise mutually agreed to by the Director and WCF: Monday through Friday 7:00 a.m. to 4:00 p.m., City observed holidays excluded. 10.2. The parties agree that use of the Senior Center by the parties for meetings, organizational or other special events not related to the General Purpose and Intent of the Senior Center shall be managed so as to minimize overuse, wear and tear, increases in utility or maintenance costs, or repairs beyond that which is expected for the center's uses as stated in this Agreement. If overuse becomes an issue, the parties agree to develop a policy of permitted after -hour or weekend use or a plan for covering increased costs based upon usage that is mutually acceptable. Xi. SIGNS AND ACKNOWLEDGMENT OF PARTICIPATION 11.1. WCF agrees to include in the design plans a permanently -installed plaque or other suitable permanent sign on, in or about the Senior Center which acknowledges that the parties are joint service providers at the facility. The size, form, material, verbiage and location of such sign shall be mutually agreed upon by the parties hereto. 11.2. WCF further agrees to provide in the design phase and include in the Senior Center renovation locations for sign(s) which announce public use hours and such other information as may be necessary to inform the public of available programs provided at the Senior Center by the parties to thls Agreement and their users. The size, form, material, verbiage and location of such signs are subject to mutual agreement. PDF 7.8.15 127797v.1 49234-1 7 11.3. Throughout the term of this Agreement, the parties agree that in all Senior Center -related press releases, flyers, brochures and other informational material prepared and distributed by WCF or City, WCF and City agree to include acknowledgment and recognition of the joint nature of the Senior Center development and operations. XII. SAFETY 12.1. WCF and City hereby agree and pledge that each shall fully comply with all established safety standards of the City applicable to operation and use of the Senior Center. WCF shall post such informational signs as necessary to inform users of facility rules and regulations, and governmental codes and ordinances applicable to access and use. During their respective use and joint use periods, City and WCF agree to enforce such rules and regulations. X1I1. UTILITIES 13.1. City shall secure all necessary utility services under its name and account and shall ensure that the invoices for these are paid in a timely manner. Utility costs of the Senior Center, shall include waste disposal, electricity, phone, sewer, water, and gas, as applicable. XIV. INSURANCE 14.1. Prior to the commencement of any work under this Agreement, WCF shall furnish copies of all required endorsements and completed Certificate(s) of Insurance to the City's Parks and Recreation Department which shall be clearly labeled "Construction and Operation — Senior Center" in the Description of Operations block of the Certificate. The Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. The City will not accept a Memorandum of Insurance or Binder as proof of insurance, The certificate(s) must have the agent's signature and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to the City. The City shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by the City's Director of the Parks and Recreation Department. No officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. 14.2. The City reserves the right to review the insurance requirements of this Article during the effective period of this Agreement and any extension or renewal hereof and to modify insurance coverages and their limits when deemed necessary and prudent by City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement which increase the City's risk with respect to this Agreement. In no instance will City allow modification whereby City may incur increased risk. 14.3„ WCF's financial integrity is of interest to the City, therefore, subject to WCF's right to maintain reasonable deductibles in such amounts as are approved by the City, WCF shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at WCF's sole expense, insurance coverage written on an occurrence basis, unless otherwise Indicated, by companies authorized to do business in the State of Texas and with an A.M. Best's rating of no less than A- (Vii), in the following types and for an amount not less than the amount listed below: TYPE 1. Workers' Compensation PDF 7.8,15 127797v.1 49234-1 AMOUNTS Statutory 8 2. Employers' Liability (Each applicable only to contractors and subcontractors — WCF does not have any employees) $500,0001$500,0001$500,000 3. Broad form Commercial General Liability Insurance to include coverage for the following: a. Premises/Operations *b. Independent Contractors c. Products/Completed Operations d. Personal Injury e. Contractual Liability f. Damage to property rented by you For Bodily injury and Property Damage of $1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage $100,000 4. Business Automobile Liability a. Owned/leased vehicles b. Non -owned vehicles c. Hired Vehicles Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence 5. Professional Liability (Claims -made basis) To be maintained and in effect for no less than two years subsequent to the completion of the professional service. $1,000,000 per claim, to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages by reason of any act, malpractice, error, or omission in professional services. 14.4. WCF agrees to require, by written contract, that all construction contractors and subcontractors providing goods or services hereunder provide a certificate of insurance and endorsement that names WCF and the City as additional insureds. WCF shall provide the City with said certificate and endorsement prior to the commencement of any work by the subcontractor. Dance, computer, arts, crafts and other instructors are not subject to these requirements. 14.5. As they apply to the limits required by the City, the City shall be entitled, upon request and without expense, to receive copies of the policies, declaration page, and all endorsements thereto and may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Such changes shall be requested only as necessary due to changes in the law, in case law decisions, or in the event of unanticipated performance concerns. WCF shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. WCF shall pay any costs incurred resulting from said changes. City of Corpus Christi Attn: Parks and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 14.6 WCF agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following provisions: • Name the City, its officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations and activities of, or on PDF 7B15 9 127797v.1 49234-1 behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • 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, employers' liability, general liability and automobile liability policies will provide a waiver of subrogation in favor of the City. • Provide advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not Tess than ten (10) calendar days advance notice for nonpayment of premium. 14.7. Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, WCF shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend WCF's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 14.8. In addition to any other remedies the City may have upon WCF'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 WCF to stop work hereunder, and/or withhold any payment(s) which become due to WCF hereunder until WCF demonstrates compliance with the requirements hereof. 14.9 Nothing herein contained shall be construed as limiting in any way the extent to which WCF may be held responsible for payments of damages to persons or property resulting from WCF's or its subcontractors' performance of the work covered under this Agreement. 14.10. It is agreed that WCF'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 Agreement. 14.11. It is understood and agreed that the insurance required Is in addition to and separate from any other obligation contained in this Agreement and that no claim or action by or on behalf of the City shall be limited to insurance coverage provided. 14.12. WCF and any subcontractors are responsible for all damage to their own equipment and/or property. XV. INDEMNIFICATION 15.1. WCF COVENANTS AND AGREES TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS, THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY ARISING OUT OF, RESULTING FROM OR RELATED TO WCF'S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF WCF, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF WCF, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND P07815 127797v.1 49234-1 [0 REPRESENTATIVES WHILE IN THE EXERCISE OF THE RIGHTS OR PERFORMANCE OF THE DUTIES UNDER THIS AGREEMENT. IN THE EVENT WCF AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW. EACH PARTY RESERVES ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 15.2. The provisions of this INDEMNIFICATION are solely for the benefit of the Parties hereto and not Intended to create or grant any rights, contractual or otherwise, to any other person or entity. 15.3. WCF shall promptly advise the CITY In writing of any claim or demand against the CITY or WCF known to WCF related to or arising out of WCF's activities under this AGREEMENT. CITY shall promptly advise WCF in writing of any claim or demand against the CITY or WCF known to CITY related to or arising out of CITY's activities under this AGREEMENT. 15.4 WCF agrees, at its own expense, to Investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel approved by the City Attorney, which such approval shall not be unreasonably withheld, conditioned or delayed, and pay all charges of such attorney and all other costs and expenses of any kind arising from any of said claims and demands. 15.5. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES. XVI. SUBCONTRACTING 16.1. City hereby consents to WCF's subcontracting of all or any part of the operation and maintenance services to WellMed Medical Management Inc. ("WMMI") through a written contract. All subcontractors of WCF who provide services at the Multigenerational Complex must first pass a criminal background check similar to one used by the City for employees working with minors. All other work or services covered by this Agreement may be sub -contracted by WCF without prior written consent so long as the proposed sub-contractor(s) are related to instruction and/or training (e.g. dance, computer use, etc.) and so long as payment for services under the sub -contracts is budgeted by WCF. However, the on-site Senior Center Manager must remain a WCF employee at all times. 16.2. Reserved. 16.3. Any work or services authorized for sub -contracting hereunder, shall be sub -contracted only by written Agreement, and unless specific waiver is granted in writing by City, shall be subject by its terms to each and every provision of this Agreement. WCF shall attach to each subcontract a copy of this Agreement so as to advise each subcontractor of the provisions to which the subcontract is subordinate. WCF agrees to provide City with an executed counterpart of any subcontract permitted hereunder within ten (10) days following execution thereof. 16.4. Compliance by WCF's sub -contractors with this Agreement shall be the responsibility of WCF_ WCF agrees that payment for services of any WCF sub -contractor shall be submitted through WCF, and WCF shall be responsible for all payments to its sub -contractors. Regardless of any subcontracting, WCF shall be primarily liable for the performance of its obligations under this Agreement. Such subcontracts shall contain insurance and indemnity provisions similar to those required in this Agreement, with the City named as an additional insured. PDF 7915 127797v.1 49234-1 ][ XVII. DISCLOSURE OF INTEREST 17.1 WCF has tendered to the City a completed Disclosure of Interest Statement attached as Attachment C. XVIII. TERMINATION 18.1, Should either party fail to fulfill, in a timely and proper manner, any material obligations under this Agreement, or if either party should violate any of the malerial covenants, conditions, or stipulations of the Agreement, the other party shall thereupon have the right to terminate this Agreement by sending written notice to the breaching party of such termination and specify the effective date thereof. Prior to termination, the non -breaching party shall provide written notice of the unsatisfactory performance, violations or areas of non-compliance, and an opportunity to cure within thirty (30) days after receipt of notice of breach. However, in cases where the health, safety and welfare of one or more persons is at risk as a consequence of either party's unsatisfactory performance, violation or area of non-compliance, then the other party may require that the breaching party immediately act to cure the deficiency and the breaching party hereby waives all right to receive written notice. If a breach remains uncured, the non -defaulting party shall be entitled to pursue all remedies available under law which may include reimbursement for expenditures incurred in accordance with this Agreement. 182 Within thirty (30) calendar days after the expiration or termination of this Agreement, WCF shall turn over to the City copies of all records, documents, files and other instruments in its possession pertaining to WCF's performance under this Agreement. IXX. ASSIGNMENT 19.1. This Agreement shall not be assignable by either party unless written authorization is first obtained from the other party, which such authorization shall not be unreasonably withheld, conditioned or delayed. XX. SEVERABILITY 22.1. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws effective during the term of This Agreement, including any renewals, then and in that event, it is the intenlion of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. XXI. ENTIRE AGREEMENT 21.1. This Agreement contains the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon to date, and no other agreements of prior date, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto. It is the intent of the parties that neither party shall be bound by any term, condition or representation not herein written. PDF 7.8.15 E2 127797v 1 49234-1 XXII. AMENDMENT 22.1. No amendment, modification or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. XXIII. NON-DISCRIMINATION 23.1. Any discrimination by WCF or City or their agents or employees on account of race, color, sex, age, religion, handicap or national origin, in employment practices or in the use of or admission to the Senior Center, is prohibited. XXIV. NOTICES 24.1. Notices to the parties herelo required or appropriate under this Agreement shall be deemed sufficient if in writing and mailed, Registered or Certified Mall, postage prepaid, addressed to: CITY City of Corpus Christi Attn: Director, Parks and Recreation PO Box 9277, Corpus Christi, Texas 78469-9277 WCF WellMed Charitable Foundation Attn: Carol Zernial Executive Director 8637 Fredericksburg Rd., Suite 100 San Antonio, Texas 78240 XXV. RELATIONSHIP OF PARTIES 25.1. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers or any other similar such relationship between the parties hereto. 25.2. Any and all of the employees of WCF, wherever located, while engaged in the performance of any work required by the City under this Agreement shall be considered employees of WCF only, and not of the City, and any and all claims that may arise from the Workers' Compensation Act on behalf of said employees while so engaged shall be the sole obligation and responsibility of WCF. Any and all of the employees of City, wherever located, while engaged in the performance of any work required under this Agreement shall be considered employees of City only, and not of WCF, and any and all claims that may arise from the Workers' Compensation Act on behalf of said employees while so engaged shall be the sole obligation and responsibility of City. XXVI. VENUE 26.1 WCF and City agree that this Agreement shall be govemed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be bought in a court of compelent jurisdiction in Corpus Christi, Texas. Venue and jurisdiction arising under or in connection with this Agreement shall lie exclusively in Nueces County, Texas. PDF 7.8.15 13 127797v.1 49234-1 XXVII. GENDER 271, Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. XXVIII CAPTIONS 28.1. The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. IXXX. AUTHORITY 29.1. The signers of this Agreement hereby represent and warrant that they have authority to execute this agreement on behalf of each of their governing bodies. EXECUTED this the CITY City of Corpus Christi, Texas day of 2015. WCF WeIIMed Charitable Foundation APPROVED AS TO FORM: Assistant City A or rey ATTACHMENTS Attachment A Facility Floor Plans A-1 Zavala Senior Center A-2 Joe Garza Recreation Center Attachment B Construction and Finish -Out Plans and Specifications Attachment C Attachment D PDF 7 8.15 127797v 1 49234-1 Disclosure of Interest form Program Issues Resolution Flow Chart i-1 PDF7B.15 127797v 1 49234-1 Attachment A [INSERT Facility Floor Plans] A-1 Zavala Senior Center A-2 Joe Garza Recreation Center 15 ISM EVX3.L `IlS1HH3 S114:11103 ammo Pu°Iq=!H 1r1 lea=k DURO a�Z3 N ZLLI3 TOIN S �AVZ i ! s p i I Z L. 5 w Z w °N° g4 . 1 € adig n0 :11 11 z 0 mA11 WROMPO DM RFC • L73 RZ Ea*vis bu9a•u!6u3 jo iu.wiodip SVX31 11Sf2IN3 snddo3 10 Alf3 dzdVV 3or — NVid NOQld Sd31N30 NOLLV31:1?3M QNV 21O1N3S 31VAON3d V. WPM 1 iiii bit` 1 I 1111V PiII 1 Pi 1 1 1 IT PIU 1 l v1 !t 1! i. ii1!iiiiiii111111111 • • • s s l +11Ii iiiii hh IIaI1kIlk1I111 11 i.I ti III • • • 1111 • • J, liluMli1 1 PllIIlI�IReelieeeee iii IIa chid elei • lid gaaaaeQQooatananaaaaflo , , 11 , , , , , . C. 0 w h 0 z 1 Q cc w z w 0 0 z w 0 w J J 0 C4 co Fax -17 Rmvr:v97 ^-P xil iiii bit` 1111V PiII 1 Pi IT PIU 1 l v1 !t 1! i. ! • • • s s l +11Ii hh IIaI1kIlk1I111 11 i.I ti III • • • 1111 • • J, liluMli1 1 • . iii IIa chid elei • lid 111. , , 11 , , , , , . C. 11, . ,ki1 11, y illih 3 IIIIWWII t il II 000000000 ,0,i}O(i.ii ,C) w h 0 z 1 Q cc w z w 0 0 z w 0 w J J 0 C4 co Fax -17 Rmvr:v97 ^-P xil y 1 1# 1! ! • • • s s l +11Ii hh 1 11 11 i.I ti III i0150 w h 0 z 1 Q cc w z w 0 0 z w 0 w J J 0 C4 co Fax -17 Rmvr:v97 ^-P xil ATTACHMENT B ZAVALA SENIOR CENTER SCOPE OF WORK ENTIRE BUILDING 1. Paint — Interior/Exterior: Paint all painted surfaces with color to be determined by mutual agreement with the City Director of Parks and Recreation 2. Ceiling Fans: Clean all ceiling fans 3. A/C Vents in Ceiling: Replace all ceiling mounted grids (Does not include replacement of lay -in a/c grills) 4. Rotten wood: Replace damaged/rotten wood as needed 5. J -Boxes: Cover/close open electrical J -boxes in ceiling 6. Ceiling tiles: Clean/repair/paint damaged ceiling tiles as needed 7. Parking lot: Sweep/restripe parking lot including markings for ADA compliance EXERCISE ROOM (formerly Zavala Senior Center Community Room) 1. New Flooring: Enhancer back sport floors where treadmills are located (approximately 1/3 of room) Other flooring: to be determined by mutual agreement 2. Add 9 electrical plugs for treadmills, includes running electrical along left wall as needed KITCHEN 1. Serving Table: Relocate to Joe Garza Recreation Center 2. Replace countertop where serving table was removed DANCE ROOM 1. Install new plank flooring 2. Mirrors to be located floor to ceiling on left fall facing the room at entry EXTERIOR IMPROVEMENTS 1. Outside Front Entry: Repaint benches to existing paint color 2. Install pigeon proof overhangs 3. install ADA ramp including cut curb and add ramp 4. Electric shutter: Replace existing roll up shutters 5. New Concrete: Remove existing unlevel pavers and concrete in three areas of sidewalk/path leading to facility 6. Repair concrete: Cut/patch/repair or replace with stamped concrete as needed for ADA compliance PDF 7815 I6 127797v.1 49234--1 JOE GARZA RECREATION CENTER SCOPE OF WORK ENTIRE BUILDING 1. Paint — Interior/Exterior: Paint all painted surfaces; color to be determined by mutual agreement 2. Rotten wood: Replace damaged/rotten wood as needed 3. Parking lot: Sweep/restripe parking lot including markings for ADA compliance PDF 78.15 l7 127797v.1 49234-1 SUPPLIER NLMBER v..r.r TO BE ASSIGNED BY CITY City Of PURCI IASING DIVISION Corpus Christi Attachment C 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 next page for Filing Requirements, Certifications and definitions. COMPANY NAME: WellMed Charitable Foundation 8637 Fredericksburg Road Suite 100 P. O. BOX: SWEET BEET ADDRESS: CITY: San Antonio STATE: TX ZIP: 78240 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association U 5, Other 1_ Non-profit corporation 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 NIA 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 NIA 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 N/A PDF 7.8.15 18 127797v.1 49234-1 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 l 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: Carol Zerniai Title: Executive Director (Type or Print) Signature of Certifying Person:Cita Date: r711Llrs 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 arc 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 I leads, 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. PDF 7.8.15 127797v.1 49234-1 l9 Attachment D PROGRAM ISSUES RESOLUTION FLOW CHART City Staff Nutrition Site Manager Program Manager Superintendent WCF 4 On -Site Center Supervisor Director or Designee PDF 7.8.15 127797v 1 49234-1 Director of Senior Services Executive Director AGENDA MEMORANDUM First Reading for the City Council Meeting September 8, 2015 Second Reading for the City Council Meeting of September 15, 2015 DATE: September 1, 2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com 361-826-3464 Gap Analysis Study for Commission on Children and Youth CAPTION: Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University — Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures each. PURPOSE: Authorize an Interlocal Agreement with TAMUCC to conduct a study to identify gaps in both privately and publicly supported programs and services available to youth and families in Corpus Christi. BACKGROUND AND FINDINGS: The analysis will be distributed to community partners such as the United Way, the Junior League of Corpus Christi, the Nueces County Community Action Agency, the Coalition on Alcohol and Drug Abuse and many other community based organizations. In turn, the Commission on Children and Youth will lead community wide discussions on how both private and public resources can be realigned in effort to address the identified gaps and risk factors that negatively impact our community's ability to thrive. The Commission on Children and Youth is directed by the City of Corpus Christi City Council to gather and organize information, promote the development and strengthening of effective and efficient services, encourage collaborations and advocate for beneficial policies for children and families. Research has shown that communities need current, valid, and readily available information for the purposes of policy creation, program development, grant writing, and program evaluation. To these ends, the Commission supported a Data Collection and Analysis Project and the production of its primary analytical report in 2014: Nueces County Juvenile Delinquency Risk Factor Data and Trend Analysis. The study identified an integrated cluster of causes that contribute juvenile delinquency and a failure to thrive that includes: • Extreme economic deprivation • Family conflict and management problems • Early onset of problem behaviors • Lack of commitment to school • Unfavorable parental attitudes and behaviors. These factors are related by cause and effect with each risk factor serving to compound the effects of others. The findings of the primary analytical report paint a clear picture of the struggles that families in Corpus Christi face to maintain a positive environment for youth to grow and develop. For example, the report includes median income and poverty rates in Corpus Christi. While per capita income has steadily increased, households in Nueces County earn on average $3,000 less than households throughout the State of Texas and 21.8% of families in Nueces County live in poverty as compared to 18.50% in the State. The worsening earnings gap and economic conditions for a significant segment of our population is accompanied by increased rates of reported child abuse cases (29.9% higher than the State) and family violence reports (120.3% higher than the State). The analysis also presented a social development theory suggesting that specific programs and services offered by a community (public, private, or non-profit in nature) can generate protective factor effects which ameliorate the negative effect of the risk factors. To reduce problem behaviors, community prevention and intervention efforts should be targeted at the risk factors and aim at strengthening of positive factors. A coordinated, seamless continuum of protective factors can only be woven through a collective effort between community organizations (public and private), school systems, families and peers. To this end, understanding Corpus Christi's current level of services, programs and resources to create protective factors is critical. The Commission on Children and Youth plans to take the next step in the collection of information so that all organizations (private, non-profit and public) can make informed decisions about where to spend valuable resources to make programs and services available. This study will measure availability, accessibility and adequacy of prevention and intervention services and programs to youth and families. For instance, family counseling services may be offered in the community, but are there enough counselors and programs to meet demand, are they offered at times that are feasible for families to utilize and can families afford them. The study will take approximately 12 months to complete. Coupled with information provided in the Risk Factor Study, the findings of the Gap Analysis will help community leaders further understand the landscape of needs and redirect or enhance resources to meet those needs. Without such an analysis, resources, actions, and effort may be misdirected and needs remain unmet, problems are not addressed, and waste occurs. The information provided in the analysis will help organizations throughout the community make informed decisions about where to focus their resources by identifying where gaps (and overlaps) in the continuum of care exist. For instance, the study may indicate there is a saturation of assistance programs for adults who teeter on the verge of homelessness in the community but a lack of resources or programs for families with young children who face the same problem. The information would provide a platform for both public and private entities to discuss opportunities to shift resources to provide adequate services and programs for both populations. The Port Industries of Corpus Christi's grant to help fund the analysis demonstrates the important link between the health and wellness of a community's youth and the strength of its economy. The gap analysis will also help business and industry identify where they can support efforts to train, educate and inspire their future workforce and leaders. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approval all. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014 & 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $26,192.80 $26,192.80 Encumbered/ Expended Amount This item 5,000.00 5,000.00 BALANCE $31,192.80 $31,192.80 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement Page 1 of 2 Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University — Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures each Whereas, Texas A&M University -Corpus Christi desires to enter into an Interlocal Agreement with the City of Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development. Whereas, the City of Corpus Christi desires to accept and appropriate a $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement. Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University -Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development. A copy of the Interlocal Agreement is on file in the City Secretary's office. Section 2. That $5,000 donation from Port Industries of Corpus Christi is accepted and appropriated into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement. Section 3. That the FY 2014-2015 Operating Budget adopted by Ordinance Number 030294 is hereby changed to increase revenues and expenditures by $5,000 each. @BCL@EC059931 Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 @BCL@EC059931 Nelda Martinez Mayor PORT INDUSTRIES w OF CORPUS CHRISTI Mai 24 August 2015 Mr. Jay Ellington Director of Parks and Recreation City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Ellington: The members of Port Industries of Corpus Christi (PICC) are pleased to commit to a $5,000 contribution supporting the Commission on Children and Youth's initiative to complete a Gap Analysis Survey that will measure the availability, accessibility and adequacy of current services and programs in Corpus Christi that address the risk factors local families face. This is an important study that will develop invaluable information that will help our community better assist those in need. Port Industries of Corpus Christi is pleased to be able to play a small part in making it a reality. For the Port Industries of Corpus Christi, Robert L. Barger President Working for a Balanced Partnership AEP Texas Air Liquide Buckeye Texas Partners, LP Celanese CJTGO Refining & Chemicals, LP The Chemours Company Elementis Chromium, LP Flint Hills Resources Corpus Christi, LLC Kiewit Offshore Services, Ltd. Lyondell-Basell Magellan Midstream Partners NuStar Energy, LP OxyChem Port of Corpus Christi Authority Sherwin Alumina, LLC Talen Energy Valero 222 Power Street —78401 P. O. Box 223 — 78403 Corpus Christi, Texas Phone: 361/563-2888 INFORMAL STAFF REPORT MEMORANDUM To: Ronald L. Olson, City Manager Thru: Susan Thorpe, ACM Safety Health Neighborhoods From: Jay Ellington, Director Date: August 20, 2015 Subject: Commission on Children and Youth's Gap Analysis Update Issue/Problem The City Manager has requested an update on the efforts of the Commission on Children and Youth (CCY) and related city departments since their report to City Council in April 2014 and how the Gap Analysis relates to the commission's action plan. Background & Findings In April 2014, the CCY made a presentation to City Council which included a report on the risk factors that lead to juvenile delinquency. The CCY proposed three areas of focus to mitigate the impact of risk factors including: • Youth Development and Education — school readiness initiatives so youth in kindergarten/first grade are ready to learn from a physical and developmental standpoint • Youth Employment — linking youth with training and higher education opportunities • Youth Health and Prevention — reduce alcohol and drug abuse by connecting youth with education, social and recreational opportunities that teach them about making healthy choices. Since the presentation the CCY has: • Hosted a Community Connections Forum for over 100 people from educational, social and health organizations, law enforcement, the legal system and private business to share the report on risk factors and discuss current programs available. • Coordinated a proclamation to celebrate Literacy Week where City Council members read to students from the Navarro Head Start Program. The Friends of Corpus Christi Public Libraries provided a copy of the book to each child and their families to promote reading at home. • Created a partnership with the Tobacco Prevention and Cessation Coalition and its youth committee to support their initiative for tobacco -free parks. • Connected the Junior League of Corpus Christi (JLCC) with the United Way's Success by Six Program to assist with efforts to create a continuum of services for youth and families to ensure kindergarteners arrive at the first day of school cognitively and physically ready to learn and grow. Page 11 The CCY worked with the Parks and Recreation Department to identify funding for a Gap Analysis to measure availability, accessibility and adequacy of prevention and intervention services and programs to youth and families throughout Corpus Christi. The study will cost approximately $31,500. The Parks & Recreation Department has approximately $26,500 in vacancy savings in FY15 to dedicate towards the initiative and the Corpus Christi Port Industries has granted the commission the remaining $5,000. A copy of the one page brief on the analysis is included for your review. In addition to the regular menu of programs and services, the Parks & Recreation Department: • Partnered with the YMCA to provide a tutoring program at Oak Park Recreation Center last school year. • Is establishing an agreement with the Well Med Foundation to improve Zavala Senior and Joe Garza Recreation Centers and increase programs and services for seniors and families in the adjacent neighborhoods. • Assistant Director, Stacie Talbert Anaya, is serving on the Success by Six Steering Committee • Offered Anti -bullying and Lifeskills workshops to youth participating in Latchkey and Recreation Center summer camps. • Partnered with the Beautify Corpus Christi Association, the Calvary Baptist Church and the local general contractors and builders association to improve Dilworth Park and increase opportunities for youth and families to play and exercise. The Library Department has: • Assisted 17 local Head Start Programs with satellite collections that provide books to compliment lesson plans and enhance teacher resources and eventually connect students with the local library system. • In collaboration with the United Way's Success by Six Program the Department will expand to 9 additional sites in three neighborhoods in the Greenwood/Agnes/Ayers triangle. The expansion will occur in two phases: (1) satellite collections will be provided at each site and (2) family literacy libraries for access by parents\guardians will be placed at each site so materials can be taken home to extend learning time. • Created a satellite collection at the Nueces County Juvenile Boot Camp facility to help low level readers improve their reading skills. • Coordinated a second opportunity for City Council members to read to Head Start students during a city council meeting and promote the importance of reading to young children. • Collaborated with the JLCC to host the National Star Wars Reads Day at La Retama Library this October to target teens and young families. Conclusion All three entities are moving forward at a steady pace. The Library and Parks & Recreation Departments continue to work within their current budgets and mission elements to address the risk factors associated with juvenile delinquency. The next step for the CCY is completing the Gap Analysis of services available for youth and families. This is a key data set for advising City Council and other community leaders on what resources are needed to create a positive environment for all youth in Corpus Christi to lead healthy productive lives. Page 12 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY — CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, Texas A & M University -- Corpus Christi ("TAMUCC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, in Resolution 027467, the Corpus Christi City Council adopted the National League of Cities' Platform format for Strengthening Families and Improving Outcomes for Children and Youth, and established the essential platform components for a sustained community effort to achieve the Platform's objectives; WHEREAS, the 2012 Data Collection and Analysis Project completed by TAMUCC provided valuable information on the risk factors and trends that impact juvenile delinquency rates in Corpus Christi; WHEREAS, the Commission on Children and Youth has adopted an action plan that includes identifying current gaps in program and services that help strengthen families and youth development available in Corpus Christi; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMUCC Social Science Research Center to complete ongoing community wide assessments for needs and assets, interpret the data and define priorities as described in the Resolution No. 027467. 2. STATEMENT OF WORK. TAMUCC agrees to perform all services as outlined in Exhibit A, and projects that the City will receive all required reports and data described in Exhibit A, no later than August 31, 2016. 3. PRINCIPALS. The work will be supervised by Philip W. Rhoades, Ph.D. Professor of Criminal Justice and Regents, Director of the Social Science Research Center. If, for any reason, he is unable to continue to serve, and a successor acceptable to both TAMUCC and the City is not available, this agreement shall be terminated as provided herein. 4. PERIOD OF PERFORMANCE. The work described in Exhibit A shall be conducted September 1, 2015 through August 31, 2016, or until all required reports and data have been accepted by the City, whichever date is earlier. 5. PRICE AND PAYMENT. Page 1 of 8 a. As compensation for the performance of the agreement, the City agrees to pay TAMUCC up to Thirty one Thousand one hundred ninety three dollars ($31,192.61) as itemized in Exhibit B. b. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. c. The parties acknowledge that continuation of this agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. d. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Reba George, Parks and Recreation P.O. Box 9277 Corpus Christi, TX., 78469-9277 6. DELIVERABLES. The deliverables required under this agreement are specified in the Exhibit A, items 1 through 12. The City retains ownership of all deliverables provided under this Agreement. The City grants TAMUCC the right to utilize the deliverables provided under this Agreement for the purposes of research, instruction, and public education, with appropriate citation to the City of Corpus Christi as the funding source. 7. TERMINATION. Performance under this agreement may be terminated by the City with or without cause upon sixty days written notice. Performance may be terminated by TAMUCC, if circumstances beyond its control preclude continuation of the program. Upon termination without cause, TAMUCC will be reimbursed as specified in Paragraph 5 of all costs and non -cancelable commitments incurred in the performance of the program, that are reimbursable under the Grant. 8. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMUCC Texas A & M University - Corpus Christi 6300 Ocean Drive, NRC #5853 Corpus Christi, TX., 78412 Attn: Dr. Philip W. Rhoades, Director, Social Science Research Center Telephone: (361) 825-2637 Fax: (361) 825-2384 Page 2 of 8 CITY City of Corpus Christi Attn: Reba George P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: (361) 826-3466 9. LIABILITY. It is understood that City shall not be liable for any claims against TAMUCC, its employees, or third persons, other than City's employees, for damage resulting from or arising out of the activities of TAMUCC personnel under this Agreement, and TAMUCC agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold City harmless from any and all claims. It is also understood that TAMUCC shall not be held liable for any claims against City's employees, of damage resulting from or arising out of activities of the City, its employees, or third persons, other than TAMUCC employees, and City agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold TAMUCC harmless from any and all claims. 10. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this agreement or authorized in writing. 11. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. 12. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMUCC agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 3 of 8 13. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree that the TCEQ may intervene in the proceedings as an interested party. c. The Director of Purchasing, TAMUCC, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMUCC. 14. VENUE. TAMUCC acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County, Texas, the agreement is to be performed in Nueces County. TAMUCC acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal action related to this claim is permissible and there are two (2) or more counties of proper venue under the rules of mandatory, general, or permissive venue, and one of the counties is Nueces County, TAMUCC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 15. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Page 4 of 8 TEXAS A & M UNIVERSITY -- CORPUS CHRISTI By: is Cifuent esearch, Co Vic- President for ercialization and Outreach Date: Aa?, -/n- Date: CITY OF CORPUS CHRISTI ATTEST Rebecca Huerta By: Ronald L. Olson City Secretary City Manager APPROVED AS TO FORM: This day of , 2015 Lisa Aguilar Assistant City Attorney For City Attorney Page 5 of 8 EXHIBIT A SCOPE OF WORK The types of services to be examined may include: 1. Social Services a. Family Counseling b. Parenting c. Early Childhood 2. Mental/Behavioral Health 3. Substance Abuse 4. Youth Employment a. Job Training 5. Youth Recreation a. After School b. Summer? 6. Literacy/Library 7. Mentoring 8. Educational Support Services would be examined along three dimensions with sub -categories: 1. Availability a. Does the service exist? b. Available by age group c. Available by time of day 2. Accessibility a. Geographic b. Financial c. Physical 3. Adequacy a. Considers sufficiency in relation to need b. Considers sufficiency in relation to Time and/or geography The three dimensions consider factors concerning geography, age, cost, time, and quantity. The product to be produced would be provided in paper, electronic (original software format), and electronic pdf format. The product would include an analysis across the three dimensions and the five factors noted above. The analysis will be in text form supported by graphs and or charts for each of the three dimensions. Page 6 of 8 The data collection and gap analysis will be informed by the guidance provided in Wong, Catalano, Hawkins, & Chappell. 1996. Communities That Care Prevention Strategies: A Research Guide to What Works. Washington, D. C.: USGPO and OJJDP. 1998. Guide for Implementing the Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders. Washington, D.C.: U.S. Dept. of Justice. These documents would lead the gap analysis to consider the Program Strategies in the center column in the table below as they relate to the Priority Risk Factors and as appropriate for the indicated age groups. Prevention Strategies: What Works Risk Factor Addressed Program Strategy Developmental Period Extreme Economic Deprivation Prenatal and Infancy Programs Youth Employment with Education Prenatal to 3 All Family Conflict/Management Problems Prenatal and Infancy Programs Early Childhood Education Parent Training Marital Therapy Family Therapy Prenatal to 2 3-5 Prenatal to 14 Prenatal 6-14 Early Onset of Problem Behavior Parent Training Classroom Curricula for Social Competence 6-14 6-14 Lack of Commitment to School Early Childhood Education Mentoring with Contingent Reinforcement Youth Employment with Education 3-5 11-18 15-21 Favorable Parental Attitudes and Involvement in the Problem Behavior Prenatal and Infancy Programs Parent Training Prenatal -2 Prenatal -14 Where supported by the information collected and analyzed, the report will include specific recommendations for action. Page7of8 EXHIBIT B COMPENSATION 12 Month Project Principle Investigator Salary $ 6,637.00 Fringe $ 1,687.00 Research Assistant 1 Wage $ 8,460.00 47 wks, 15 hrs wk, $12.00 hr Fringe $ 203.00 Research Assistant 2 Wage $ 8,460.00 47 wks, 15 hrs wk, $12.00 hr Fringe $ 203.00 Supplies $ 344.00 Total Direct $ 25,994.00 Indirect 20% $ 5,198.80 Total Cost $ 31,192.80 Page 8 of 8 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 10, 2015 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpecctexas.com 361.826.3898 Eddie Ortega, Director EddieOcctexas.com 361.826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB(acctexas.com 361.826.3021 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: To provide an Annual Board Meeting, to appoint new City Council members to the CCCIC, Elect Officers, and to provide a loan commitment for the 911 Glenoak Apartment projects from FY2015 HOME funding. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the election of new City Council members Brian Rosas, Carolyn Vaughn, and Lucy Rubio, it is necessary for the Board to appoint them to the CCCIC Board. The CCCIC is also required to select a President and Vice President during the Annual Board of Directors Meeting. The Bylaws of the CCCIC provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the function equivalent positions. The recommendation are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Ronald L. Olson On February 17, 2015 the Corpus Christi Community Improvement Corporation passed a Resolution in support of the proposed affordable housing project known as 911 Glenoak Apartments. On July 14, 2015, the City Council approved to set aside HOME FY2015 funding requested for 911 Glenoak Apartments in the amount of $300,000. On July 30, 2015, the Texas Department of Housing and Community Affairs approved to provide the 911 Glenoak projects with Housing Tax Credits (HTC's). The motion will be to approve the loan commitment terms for the project subject to the execution of the funding agreement. In order to secure the HTC's, the project must receive a firm commitment from the local government of the project location. A firm commitment is defined as an executed agreement. The 911 Glenoak Apartments, located at 711 Glenoak Dr., Corpus Christi, TX 78418, will involve the demolition and reconstruction of 68 apartments (64 — Section 8) serving senior citizens, low-income families and individuals. The development will be financed primarily through Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi at 3% for a 40 year term with payments amortized over 40 years paid from available net cash flow. Discussion, and possible action, will involve the approval of the loan commitment made from FY2015 funds provided through the U. S. Department of Housing and Urban Development's HOME Program. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office 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: N/A RECOMMENDATION: Recommendation is requested to approve the loan commitment term for the proposed project to secure TDHCA funding. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved October 28, 2014 Board Meeting Minutes Treasurers Report Bylaws AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, September 8, 2015 TIME: PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 During the meeting of the City Council beginning at 11:30 a.m. 1. Vice President Lillian Riojas calls the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Vacant, President Lillian Riojas, Vice President Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Mark Scott Officers Ron L. Olson, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Appointment of Brian Rosas, Carolyn Vaughn, and Lucy Rubio to the CCCIC Board. 4. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Approval of the minutes of October 28, 2014. 6. Financial Statement 7. Motion to approve a loan commitment of $300,000 for the 911 Glenoak Apartment project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. 8. Public Comment 9. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING October 28, 2014 1:54 P.M. PRESENT Board of Directors Kelley Allen, President Lillian Riojas, Vice -President Rudy Garza David Loeb Colleen McIntyre Chad Magill Nelda Martinez ABSENT Mark Scott Priscilla Leal Officers Ron L. Olson, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer President Allen called the meeting to order in the Council Chambers of City Hall at 1:54 p.m. Secretary Huerta verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Allen moved to Item 3 and called for the approval of the minutes from the July 8, 2014 meeting. Ms. McIntyre made a motion to approve the minutes as presented, seconded by Mr. Garza, and passed. President Allen moved to Item 4 and called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for the twelve months ending July 31, 2014 and the fund balance was $14,790,154. The Board had no questions. President Allen moved to Item 5. Director of Neighborhood Services Depaitinent (NSD), Mr. Eddie Ortega, explained that Item 5 is a motion to approve a loan commitment of $918,000 for the Lexington Manor Apartment project, and that the loan to be made is from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. President Allen asked for discussion from the Directors. Ms. McIntyre asked what the difference was between the interest rates for Item 5 and Item 6. Mr. Ortega stated those were the interest rates presented by the developers and approved by the Department of Housing and Community Affairs. Ms. Martinez asked Mr. Ortega to provide the loan structures in the future. President Allen called for public comment on Item 5. There was none. A motion to approve Item 5 was made by Ms. Martinez, seconded by Mr. Garza, and passed. Secretary Huerta stated for the record that Mr. Scott abstained from this item. President Allen moved to Item 6. Director of Neighborhood Services Department (NSD), Mr. Eddie Ortega, explained that Item 6 is a motion to approve a loan commitment of $900,000 1 for the Riverstone Apartment project, and that the loan to be made is from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 1% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. President Allen asked for discussion from the Directors. There was none. President Allen called for public comment on Item 6. There was none. A motion to approve Item 6 was made by Mr. Garza, seconded by Ms. McIntyre, and passed. President Allen called for public comment. There was none. There being no further business to come before the Board, President Allen adjourned the meeting at 1:59 p.m. on October 28, 2014. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET June 30, 2015 ASSETS Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments $ 1,993,129 $ 3,611 $ 734,354 $ 2,731,093 Due from U S Government/Other Fund 36,154 0 369,698 405,852 Mortgages receivable, net of allowance 7,834,322 0 3,802,826 11,637,148 accumulated depreciation) 79,559 0 0 79,559 Total assets LIABILITIES AND FUND BALANCE Liabilities: $ 9,943,163 $ 3,611 $ 4,906,878 $ 14,853,651 Deposits $ 15,650 $ $ 158 $ 15,808 Due to other funds 38,534 0 39,751 78,285 Total liabilities Fund Balance: 54,183 0 39,909 94,093 Reserved for mortgages 7,834,322 0 3,802,826 11,637,148 Reserved for Investments 79,559 0 0 79,559 Unreserved 1,975,099 3,611 1,064,143 3,042,853 Total fund balance 9,888,980 3,611 4,866,969 14,759,559 Total liabilities and fund balance $ 9,943,163 $ 3,611 $ 4,906,878 $ 14,853,651 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TWELVE MONTHS ENDING JUNE 30, 2015 Revenues: Contribution from Federal Government Interest on loans Interest on investments Miscellaneous Total revenues Loan Program Special Project HOME Program Fund Fund Fund Total $ $ $ 1,019,040 $ 1,019,040 34,159 0 12,074 46,233 135 1 54 189 1,561 0 250,674 252,235 35,855 1 1,281,841 1,317,697 Expenditures: Grants 40,075 0 0 40,075 Loan processing 1,848 0 1,160,695 1,162,543 Miscellaneous 8,176 0 0 8,176 Depreciation expense 8,702 0 0 8,702 Total expenditures Excess of revenues over expenditures 58,801 0 1,160,695 1,219,496 (22,946) 1 121,146 98,200 Other financing sources(uses): Operating transfers in(out): Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at July 31, 2014 (22,946) 1 121,146 98,200 9,911,926 3,610 4,745,823 14,661,359 Fund balances at June 30, 2015 $ 9,888,980 $ 3,611 $ 4,866,969 $ 14,759,559 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE 11 - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be filled for the unexpired term by the election of successor Directors by the majority vote of thre remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during the third City Council meeting in May of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. -2- ARTICLE IV - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. the Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. -3- The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. -4- Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 10-25-93 -5- AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2015 Second Reading Ordinance for the City Council Meeting of September 15, 2015 DATE: August 24, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2601 r Execute a contract with Intrado Systems Corporation for 9-1-1 Location Data Management CAPTION: Motion authorizing the City Manager or his designee to execute a contract with lntrado Systems Corporation in the amount of $465,312.85 of which $27,954.25 for one time cost is required for the remainder of FY2014-2015 for 9-1-1 Location Data Management software and services . The term of the contract is three years with two automatic 12 month renewals. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). PURPOSE: The contract will provide detailed location information (automatic number and location identification) from a 9-1-1 caller in MetroCom. BACKGROUND AND FINDINGS: Currently these services are being provided by AT&T with funds budgeted in the 11802 911 Wireline budget. lntrado Systems is the same cost, but they are offering an additional service called Text to 9-1-1 for no monthly fee for the term of the contract. This service is referenced as Next Generation 911 (NG911) that will enhance the 911 system to create a faster, more flexible, resilient, and scalable system that allows 911 to keep up with digital communication technology used by the public. NG911 is an Internet Protocol (IP) -based system that allows digital information (e.g., voice, photos, videos, text messages) to flow seamlessly from the public, through the 911 network, and on to emergency responders. This generation will be mandated within the next 3 — 5 years for all public safety dispatch centers. As part of this agreement Intrado will also upgrade existing circuits to handle the increase in speed required to process the new digital information. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $158,637.84 $437,358.60 $595,996.44 Encumbered / Expended Amount This item $27,954.25 $437,358.60 $465,312.85 BALANCE $130,683.59 0 $130,683.59 Fund(s): General Comments:. RECOMMENDATION: Staff recommends approval of contract. LIST OF SUPPORTING DOCUMENTS: Contract Intrado' Service Order 1. INFORMATION Customer Name: City of Corpus Christi, TX Order Effective Date: Latest date signed below. Initial Term: • Commencing on Order Effective Date • Ending 36 months after Acceptance of the first Service listed below. Renewal Terms: Two automatic 12 month renewals unless notice of termination is given by either party at least 90 days before expiration of the then -current term. Governing Agreement: Agreement for Services of even date herewith 2. SERVICE DESCRIPTION lntrado Inc. ("Intrado") will provide the following services ("Services") as described in the attached or referenced Service Guide(s), at the prices stated in this Service Order ("Order"). Customer will fulfill its responsibilities stated in the Service Guide(s). The Service Guide(s) may also describe Optional Services not included in the standard Services, which Customer may purchase at this time or by completing a future service order, all at the prices stated herein (if applicable). 2.1 Purchased Services Service Service Guide A9-1-1" Location Data Management Location Data Management Service Guide Ver. 2014.06.02 Shared Services Guide Ver. 2014.03.14 2.2 Optional Services Optional Services Purchased with this Order Service Guide PS/ALI n/a. See Section 2.2.I below 2.2.1 PSIALI Services Customer may opt for PS.ALI Services for Customer owned TNs only. With PS.'ALI services, Customer will be able to maintain detailed location information within the ALI database for each of their users making a 9-1-I call from a Multi -line Telephone System (e.g. PBX). Two options are offered. Customer will be able to submit and manage MLTS records either via Service Order Input (SOI) or via a secure web based application accessed following authentication via the Intrado portal. The Intrado web -based BALI application will allow Customer to insert and change records and to correct validation errors. Customer will also be able to upload and submit SOI files and download errors and statistics files using the Intrado File Transfer Tool accessed through the Intrado Portal (UI) or through the Intrado file management system. Up to 5 hours of professional services are included with Customer's account set-up to cover informal training on the connectivity options, the web -based PS ALI application, and processes. Additional professional services may also be purchased to obtain Intrado DIU analyst assistance with data clean-up. Intrado Confidential Version 2014.10.17 Copyright Intrado Inc. 2015 — All rights reserved i nt'rado Service Order for City of Carpus Christi, TX 2.3 Out of Scope Services Customer requests for services outside of the Service Guide(s) or this Order will require a separate change order executed by the parties. 3. PRICING 3.1 Fees The following are the fee(s) and payment schedule for the Services listed in Section 2 above. Fees apply to all Customer PSAPs and for all TNs. Service One Time Fee ("OTF") Monthly Recurring Fee ("MRF") Implementation Services $27,151 A9-1-1 Location Data Management $4,732.00 Network Monitoring and Maintenance $468.00 Network Connectivity $803.25 $2,089.31 Total $27,954.25 $7,289.31 3.2 Pricing Notes a. If applicable, OTFs will be invoiced on the Order Effective Date. b. MRFs will commence as of the date of Acceptance of each Service (see Section 4.4 below). MRFs will commence as of the date of Acceptance of the Service. The MRF(s) will be prorated on a 30 calendar day month for the first MRF fee invoice billing. c. The MRF is a minimum MRF. Any additional TN's above 104,000 will be charged at 5.0455 per TN for Location Data Management and $.0045 per TN for Network Monitoring and Maintenance. d. The professional services rate of 5275.00 per hour will apply to out of scope services unless a recurring rate is agreed by the parties for such services. e. lntrado will determine if it is necessary to go on-site to repair a problem with the Services. For premise visits requested by Customer, fees will apply at the above professional services rate, including travel time, with a two hour minimum, during Intrado local business hours (8am-5pm, M -F, excluding Intrado-observed holidays), with additional rates if the visit extends before or after these hours. f. Optional PSI ALI ALI Services • MRC — PS/ALI TNs will be charged at 5.0455 per TN for Location Data Management and 5.0045 per TN for Network Monitoring and Maintenance. This rate will be applied to existing PS: ALI accounts beginning the first month following the PS.'ALI initial load. • Non-recurring charge ("NRC") (Initial Load Set-up Charge) - based on the total number of PS. ALI records to be initially loaded, the rate is provided in the PS: ALI NRC Price Chart (Table 1 below) and applicable to new PS. ALI service requests initiated during the Initial and any additional renewal terms. Notwithstanding anything to the contrary herein, the PS. ALI NRC is a one-time charge for account initiation and setup. Billing for PS. ALI NRC shall occur the first month following receipt of Customer's PS ALI service request. o The NRC covers the following: Page 2 Copyright Intrado Inc. 2015 — All rights reserved 1nirado Service Order for City of Corpus Christi, TX • Program Management assistance in support of account initiation, provided remotely; ■ Product support via telephone for initial account setup as required; and ■ One Secure ID token (a security password device used to enable an individual user to log into lntrado's system via internet connection for the purpose of updating PS. ALI records). PS/ALI NRC ALI record Scale (Initial Load Set-up Charge) NRC < I00 $500.00 100 — 250 $600.00 251 — 500 $900.00 501 —1,000 $1,000.00 1,001 — 3,000 $1,250.00 3,001 — 5,000 $1,500.00 5,001 —10,000 $2,000.00 10,001 — 20,000 $2,500.00 20,001 and up $2,600.00 Table 1: PS/ALI NRC Price Chart • Additional PS/ALI Services: Additional PS/ALI services and pricing are provided below (Table 2). Description Price Change of Setup: Direct to Premier or Premier to Direct NRE $575.00 Program Management Professional Services (additional support, other consulting) $I50.00/hour Additional or replacement Secure ID tokens $75.00 Table 2: Additional PS/ALI Services Price Chart 4. SERVICE SPECIFIC TERMS 4.1 Configuration The pricing above includes up to the following configuration: 9-1-1 ALI Steering Supported ALI Steering for Wireline calls will be supported between the Customer's PSAPs and any other PSAPs served by the Intrado ALI database systems. 4.2 Network Connectivity Intrado will provide and install redundant MPLS connectivity and network communications equipment from Intrado's A9-1-1 Location Database Management network to the Intrado Point of Interconnect ("POI") located at the Customer's hosted CPE location(s). Intrado will provide necessary back-office routers and LAN switches to facilitate this connectivity. This network may only be used by Customer in connection with the use of Intrado's Services. Page 3 Copyright Intrado Inc. 2015 All rights reserved Intrado Service Order for City of Corpus Christi, TX 4.3 Database Extracts Upon request from the Customer, Intrado will provide Customer up to five extracts of the TN data their region on an annual basis at no additional cost. If additional extracts are required then professional services fees may apply. 4.4 Service Acceptance Intrado will provide Customer with notice of availability of each Service. Acceptance of each Service ("Acceptance") will occur on the earliest of the following events: (1) Customer provides written notice of acceptance; (2) the Service is used, or is capable of being used, by Customer in a live environment, or (3) three calendar days pass after Intrado's notice of Service availability without receipt of a Customer notice of material defect. 4.5 Limited Exclusivity Customer grants Intrado the exclusive right to provide the Services or similar services to Customer. lntrado may provide services similar or identical to the Services to any other entity or person, whether or not such services are used for emergency purposes; provided, however, that Intrado does not use Confidential Information of Customer to do so. 4.6 Service Level Terms The parties agree to the service level terms attached as Schedule A. 5. ENTIRE AGREEMENT This Order is made under the Governing Agreement first referenced above. This Order and its Appendices and referenced Service Guide(s), along with the Governing Agreement, constitute the parties' entire agreement and supersede any prior written or oral agreements related to its subject matter, including any proposals or marketing materials. The order of precedence for any conflicts is: (i) this Order; (ii) the Service Guide(s); and (iii) the Governing Agreement. This Order may be executed in counterparts, by facsimile or electronically, and is not enforceable unless executed by both parties. CITY OF CORPUS CHRISTI, TX INTRADO INC. Authorized Signature Authorized Signature Mary Hester Name Typed or Printed Name Typed or Printed President Title Date signed Title Date signed Page 4 Copyright Intrado Inc. 2015 - All nghts reserved infrado Service Order for City of Corpus Christi, TX Schedule A Requirement/SLA Performance Measure Update File Processing 98% of all valid inputs received in update files will be available in the Location Record Database ("LRDB") within 24 hours. Customer Change Requests 98% of Customer Change Requests submitted via 9-1-1 NET including Incorrect AL1 ("ALI DRs"), TN Change Requests ("TN CRs"), MSAG changes ("MSAG CRs") and ESN Change Requests ("ESN CRs") will be worked or referred within one business day. Redundant ALI Availability lntrado's redundant ALI database system shall be 99.999% available to respond to ALI queries from Customers' PSAPs no less than 99.999% of each month, excluding approved scheduled maintenance downtime. ALI Response Time ALI query response time for a fixed location record provisioned in lntrado's ALI database systems shall average less than one second on a monthly basis. PSAP Connectivity Monitoring Uptime Intrado will provide Customer with incident monitoring services for a minimum of 99% of each month excluding scheduled upgrades and maintenance. PSAP and Customer Network Failure Notification Within 30 minutes upon verification of a total loss of connectivity between a PSAP and ALI database, Intrado will initiate a launch of an automated notification to affected PSAPs. PS/ALI Load Files Intrado will process the PS/ALI Initial Load File to the Location Record Database within five business days of receipt of a valid file from the Private Switch Provider. Page 5 Copyright Intrado Inc. 2015 - All nghts reserved i ntrado infrado4 AGREEMENT FOR SERVICES This Agreement for Servi:cs ?Government Customers) is between Intrado Inc. (Jnlradn) and the customer signing below ("Customer'I, dated as of the latest signature date ("J:ffegtive Date"' The panics may enter into orders or statements or work refercn.ing this agreement (each, on "Omer') descnbing the Intrado sen ices .. rnices) 'Aoreemenf means this Agreement for Services and all Orders "Affiliate" has the meaning in Rule 405 of the Securities Act of 1933. as amended. 1 TERM: This Agreement will continue from the Effective Dale until the expiration ar termination of the latest -ending Order. 2 PAYMENT 2.1 Invoices: Customer will pay the fees described in Orders. Mirada bills recurring fees monthly and non-recurring fees within 30 days of the Order effective date (except as specified in an Order). Invoices may be transmitted electronically and are payable via electronic funds (ACII, EFT or wire transfer) within 30 days of invoice date, without setoff or deduction. Requested Services performed by Intrado before an Order effective date or outside the scope of the Order will be billed at Intrado's then• current rate (except as otherwise specified in an Order). Intrado will apply payments to the oldest outstanding invoice. 2.2 Taxa: Customer will bear all applicable taxes, duties. and other govetnrrtent charges relating to the Services (including applicable interest and penalties), except taxes based on Intrado's income. Any tax exemption must be supported by appropriate documentation 23 Termination. Inirado's pricing is based on fees for the entire Order term. On early termination of an Omer (except due to Intrado's default), Customer will pay for Services delivered and outstanding invoices, plus a termination fee equal to fres for the remaining Order term- "Recurrinn fres" will equal the greaterof(a) monthly minimum fees, if any, slated in the Order, or (b) the average monthly fee for the six months before the notice of termination. Intrado has made pricing concessions based on the amount of recurring fees for the term of the Order, and the termination fccs arc a fair approximation of Intrado's damages. not a penalty. 2.4 late Payments: Invoices net paid when due will bear interest from the due date at the lower of two percent per month or the highest allowable rate. Customer will pay all reasonable costs of collection (including attorney fees). Intrado may change payment terms or require a deposit upon an adverse change in Customer s financial condition or payment record 25 Oisnuted Invoices: Customer may withhold only good faith disputed amounts, not to exceed one month's recurring fees for the Service and will pay all other amounts when due. Customer must notify Intrado within 15 days of any disputed invoice, specifying the nature of the dispute. The ponies will try in good faith to resolve any disputed invoices within 30 days. 3 CONFIDENTIALITY: Exhibit A - Confidentiality and FOIA applies to disclosure and use of confidential information ex:hanged under this Agreement and disclosures required by applicable freedom of information ar public records laws. 4 LIMITED WARRANTY 4.1 Warranty. Intrado warrants that Services will be provided in a workmanlike manner. in accordance with industry standards and by individuals with suitable skills and abilities. Except as provided in an Order, Services will be deemed accepted when performed. Intrado does not warrant products, equipment, hardware. or software used to provide the Services but not manufactured by Intrado. Upon request. Intrado will pass through to Customer any applicable third party warranties to the extent permitted by su: h third party 4.2 pisclaimcr EXCEPT AS STATED IN THIS SECTION. INTRADO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCIIANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AC('URACY OR CONDITION OR LOSS OF DATA, NETWORK CONNECTIVITY, INTEROPERABILITY OR THAT THE SERVICES OR RELATED SYSTEMS WILL BE UNINTERRUPTED OR ERROR -FREE. 43 Customer Materials: Customer will provide information reasonably requested by Intrado to perform the Services. including as applicable. telecommunication or cell site specifications, Customer or third party databases; network architectures and diagrams; performance statistics.. interfaces and access to Customer systems, including third party systems, routing and network addresses and configurations f Customer Materials' I. Customer warrants that (a) Customer is solely responsible for the content and rights to the Customer Materials. (b) the Customer Materials will be accurate. and (c) Intrado s use of the Customer Matenals will not violate the rights of any third party 5 LIMITATION OF LIABILITY 5.1 Limitation. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, EXEMPLARY. SPECIAL, PUNITIVE. CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY OF INTRADO FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER UNDER TIIE RELEVANT ORDER IN TIIE SIX MONTHS PRIOR TO TIIE CLAIM. 5.2 Application. THESE LIMITS ON LIABILITY APPLY WHETHER TIIE CLAIM ARISES OUT OF BREACH OF WARRANTY, CONTRACT, TORT. OR STRICT LIABILITY. AND EVEN IF TIIE DAMAGES ARE POSSIBLE OR FORESEEABLE. 53 Time Limit' ANY SUIT MUST BE FILED WITIIIN TWO YEARS AFTER T}IE CAUSE OF ACTION ACCRUES 6 INDEALNIFICATION 6.1 Inn -ado Indemnity: Intrado will indemnify, defend and hold harmless Customer from third -party claims, actions. suits, proceedings, costs, expenses, damages and liabilities. including reasonable attorney fccs and expenses (collectively, -Clain,') for physical injury or death or tangible property damage to the extent caused by Intrado's gross negligence or willful misconduct. 6.2 Customer Indemnity: Except to the extent prohibited by applicable law, Customer will indemnify, defend and hold hornless Intrado, its Affiliates and their officers. directors employees and agents from Claims (a) relating to the Customer Materials or a breach of the section titled Customer Materials, (b) relating to any Customer product or service, (c) for physical injury or death or tangible property damage to the extent caused by Customer's gross negligence or willful misconduct 2'!!S0", IYGn! Pagel Inasda confidrniial ,, 63 Procedures. The indemnified party will (a) notify to other party of any Claim: (b) relinquish control of the defense and settlement: and (c) assist the indemnifying party as reasonably requested. The indemnifying pony may settle any Claim without the indemnified party's consent if the settlement does not affect the rights of the indemnified party. The indemnified party may participate in the defense at its expense. 6.4 Immunity: If applicable and to the extent not prohibited by applicable law, each Party will bc entitled to not Tess than the same benefits and protections afforded by any law, regulation or other applicable rule which extends protections to the other Party in any form, including but not limited to governmental or other immunity. indemnification, or other protection, Neither Party will object to or interfere with the assertion of such immunity by the other Party. 7 TERMINATION FOR DEFAULT: if titter party fails to cure a material default within len days for late payments, or 30 days for other default, after notice specifying the default, the non - defaulting piny may terminate the Agreement or applicable Order, and pursue any other available remedies at law or equity. The cure period will extend for 30 more days if Introdo uses good faith efforts to cure. 11 INTELLECTUAL PROPERTY 8.1 Jntrado iP: Intrado retains full and exclusive ownership of and all rights in, to and under its trademarks, service marks, tradcnames and logos, and any designs, data, specification, know-how, software. device, technique, algorithm, method, discovery or invention, whether or not reduced to practice, relating to the Services and any development enhancement, improvement or derivative works of the Services except for the Customer Materials (collectively, including all intellectual property nghts ' Jntrada IP"). Intrado grants Customer a non- exclusive. non -transferable license during the term to use the Inlrado 1P only to the extent required to utilize the Services, subject to this Agreement Customer receives no other right title or interest in, to or under Inlrado IP. Intrado IP is lntrada's confidential information. Customer will cooperate to take such actions reasonably requested to vest ownership of Inlrado IP in Inlrado. 8,2 Jlestrlctions: Reservation of Rights: Customer will not disclose or allow access to Inlrado IP, including without limitation, software ansa systems. by anyone other than Customer's employees and subcontractors who have a need to access the Intrado IP and who arc bound by law or written agreement to comply with Customer's duties under thus Agreement. Neither party will reverse engineer, decompile, disassemble or translate the other party's intellectual property or confidential information. Each party reserves all rights to its intellectual property and confidential information. 9 OS -SITE SERVICES: For any Services performed on Customer's premises. Customer will (a) provide appropriate facilities, access_ furnishings. equipment software, documentation, passwords and data: (b) maintain adequate security. safety, utilities. and environmental standards, and (e) reimburse Intrado for its reasonable out-of-pocket expenses. including coach class travel. business class lodging, automobile rental, and meals, unless otherwise provided in the Order Whole on the other's premises, each party will comply with the other party's written security rules and regulations. 10 INSURANCE: Each party will maintain; (a) Workers' Compensation insurance required by law; (b) employer's liability insurance with limits of at least 5500.000 for each occurrence: (c) comprehensive automobile liability insurance if the use of motor vehicles is required. with limits of at least 51,000,000 combined single limit for bodily injury and property damage for each occurrence; (d) Commercial General Liability insurance, including Blanket Contractual Liability and Broad Form Property Damage, with limits of at least 51,000,000 combined single limit for bodily injury and property damage for each occurrence; (el Professional Liability or Errors and Omissions insurance of al least 51,000,000 for each occurrence. and (1) excess or umbrella liability at o limit of at least 55,000,000 per occurrence and aggregate in excess of the underlying coverage required above The CGL, employer liability, excess or umbrella liability. and automobile liability policies of each party will designate the other party as an Additional Insured, On request, the other party will furnish certificates evidencing the foregoing insurance Each party will strive to notify the other at least 30 days before any cancellation or termination of its policy. 11 IIIISCELLANEOL'S 11.1 Force Maieure: Neither party is liable for delays or defaults in its perforssanee hereunder (except for its payment obligation) due to causes beyond its reasonable control, including: acts of God or government. war. Terrorism, fire or explosion, flood; extreme weather; epidemic; riots. embargoes, viruses; technology attacks; labor disturbances. failure or unavailability of the Internet, telecommunications, transportation, utilities or suppliers. 11.2 independent Contractors; Beneficiaries: The panics arc independent contractors. No agency, joint venture or pannership is created under this Agreement. This Agreement benefits Customer and Intrad° only: there arc no third party Ilene fielanes including Customer's customers. 113 interpretation. Conflict Severobilily. including' means including without limitation -Om" means calendar days If any terms of flus Agreement and an Order conflict. the Order will govern for that Order only No preprinted purchase oiler or other Customer form terms will apply. Any provision held unenforceable by a court will be enforced In the fullest extent permitted by law and will not affect the other provisions No course of dealing or failure to exercise any nghl or obligation is an amendment or waiver This Agreement may bc modified or amended only in a writing signed by the parties. 11.4 /lssimunenl. This Agreement will be binding on the permitted successors and assigns. Neither party may transfer or assign this Agreement without the prior written consent of the other, not to be unreasonably withheld, except that Inlrado may assign this Agreement to an Affiliate or to an a: quiver of all or part of its business or assets without consent. 11.5 Applicable law and Remedies. This Agreement is governed by Colorado law, without regard tr choice of law principles Each party waives all rights to a jury trial Injunctive relief will apply to any breach of Section 3 or 8. All rights and reinedies are in addition to any other rights or remedies at law or in equity, unless designated as an exclusive remedy in This Agreement. Each party will be entitled to the same govenuncntal or other immunity or other protections afforded by any law, rule or regulation to the other party, and neither pan) will object to or interfere with the other party's application of this sentence. 11.6 Compliance with Laws: Each parry has or will timely obtain all consents, licenses. permits and certificates required to .of; 0.. PP Gars Parr 2 Intrado Confidetuial ,, perform under this Abrecment. Each party will comply with laws, rules, regulations and court orders applicable to it or die Services. Inn -ado may cease or modify the Services or the terms as reasonably required to comply with changes in law. Customer recognizes and agrees to comply with Intrado's Code of Ethical Business Conduct located at www intrado.comitcrns 11.7 Advctisine and publicity: Neither pany will use the other party's name or marks to any press release, advenisement, promotion, speech or publicity without the other party's prior written consent, except that Intrado may use Customer's name and marks in its customer lists, sales or promotional materials without consent. 11.8 Affiliates. Chances. Services may be provided, in whole or pan, by Intrado or its Affiliates. Intrado Communications, CITY OF CORPUS CHRISTI, TX Authorized Signature Name Title h.ddrese for Nodes"; At.Ue Fax Dated signed: Inc may provide regulated portions of the Services. buratto may modify or improve Services dunng the teen 11,9 Notices. Entire Acrccmcnt. Survival. Signature: All notices must be in writing and delivered to the address below Notices are effective on receipt when sent by certified or registered U S. Mail, charges prepaid, return receipt requested or when delivered by land. overnight courier or fax with confirmed receipt This Agreement constitutes the entire abreement and supersedes any prior written or oral agreements or understandings related to its subject matter Sections titled Invoice and Payment, Confidentiality, Limited Warranty, Limitation of Liability, Indemnification, Intellectual Property and Miscellaneous will survive termination of this Agreement. This Agreement may be executed in counterpans, by facsimile or electronically_ and is not enforceable unless executed by both parties IN RAPO INC. Authortzed Signature Mary Hester Name President Title Date signed. Address for Notices: 1601 Dry Creek Dr Longmont, CO 80503 Ann Lep! Department, copy attn Corporate Controller Fax 720-494.6600 °cyr h Invade Confidential �`' t Comment [all]: Please 1111 is ENI 11BIT A Confidentiality and FOIA Except to the extent disclosures are required under applicable freedom of information or public records laws or regulations the teens of this Exhibit A — Confidentiality and.EOIA will apply to information disclosed under This Agreement. Customer may disclose the Intrado's Confidential Information only lo the extent required by applicable law or regulation Customer will give sufficient notice to Intrado Io allow Intrado to claim applicable exemptions, make applicable objections or seek appropriate limits or restrictions on use and disclosure of its Confidential Information. I. Definitions: "Confidential Information means all information disclosed by or on behalf of tither party ( Disclosing Pa y') to the other patty ("Recipient') that is marked as confidential or proprietary or that by its nature or context eonsiitutes information that a reasonable business person would treat as proprietary, confidential, or pnvale, even if not so marked. Confidential Information includes, but is not Knitted to a party's financial, business, technical, marketing, sales. customer. product, pricing, strategy, personnel, software, systems, methods. processes, practices, intellectual property, trade secrets. software, data. contract terms or other business information. 'Af IIbIIO" means any person or entry directly or indirectly controlled by controlling or under common control of a party. 2. Exclusions: Confidential Information docs nal include any information that (a) was or becomes generally available to the public through no breach of this Agreement: (b) was previously known by Recipient or is disclosed to Recipient by a third party without any obligation of confidentiality: or (c) is itdepcndenily developed by the Recipient without the use of Disclosing Pany's Confidcnual Information, 3. Use and Disclosure: Recipient and its employees. Affiliates, agents and contractors will (a) use the Confidential Information only for the Agreement; (b) disclose the Confidential Information only to its employees, Affiliates, agents and contractors with a "need to know" for the Agreement: (d) use rhe same nandard of care to protect Disclosing Patty's Confidential Information as Recipient uses t0 protect its own similar confidential or proprietary information, but not less than reasonable care appropriate to the type of information: (e) reproduce Disclosing Patty's confidentiality or propnetary notices legends or markings on all copies or extracts of Confidential Information; and (1) use and disclose the Confidential Information as authorized in writing by the Disclosing Pany. Recipient is responsible for compliance with this Agreement by its employees, Affiliates, agents and contactors 4. Required Disclosure: If required to disclose any Confidential Information by law or court order, Recipient will promptly notify the Disclosing Party (unless prohibited by law) and cooperate with Disclosing Parry. al Disclosing Partys expense to seek protective orders or appropriate restrictions on use and disclosure. The Section titled Usc and Disclosure docs nod apply to disclosure required under this Section, 5. Return or Destruction: Within 30 days after termination of the Agreement or written request of Disclosing Party, Recipient will return or destroy Disclosing Party's Confidential Information, Recipient will certify return or desiruction if requested by Disclosing Party Recipient may retain Ducloring Pany's Confidential Information to die exient required by law This Exhibit A will survive and continue to apply to Disclosing Party's f onfidential Information ihat its nal reasonable to return or destroy (for example, retained in archive or bat kup systems; as long as it is retained by or for Recipient 201.1 02 19 Gimt Page a Irtiado CosCdaitul AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement with Developer and Reimbursement of $135,766.13 for the City's cost of Brockhampton Street CAPTION: Resolution authorizing the City Manager to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $135,766.13 for the City's share of the cost to extend Brockhampton Street, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend Brockhampton Street. The subdivision is located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron. BACKGROUND AND FINDINGS: The developer, MPM Development, LP, is developing the final phase of a multi -phased single-family residential subdivision named Bordeaux Place Unit 4. The subdivision is located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron. Bordeaux Place Unit 4 will contain 48 single-family residential lots. The Planning Commission approved the plat for Bordeaux Place Unit 4 on May 20, 2015. The participation agreement is for half -street construction along Brockhampton Street frontage and for the required extra thickness of the asphalt on Brockhampton Street. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Brockhampton Street for new subdivision as provided in the Unified Development Code. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Revenue Capital X Bond 2012 Fund(s): Comments: Balance reflects amount for MPM Development L.P. participation agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Project to Date Fiscal Year: 2014- Expenditures Current Future 2015 (CIP only) Year Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $665,207.89 $876,457.54 This item $135,766.13 $135,766.13 BALANCE $538,750.35 $699,025.98 $750,000.00 $1,987,776.33 Fund(s): Comments: Balance reflects amount for MPM Development L.P. participation agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, LP., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $135,766.13 FOR THE CITY'S SHARE OF THE COST TO EXTEND BROCKHAMPTON STREET, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the CITY's portion of the cost of Brockhampton Street, including all related appurtenances, for development of Bordeaux Place Unit 4, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Bordeaux Place Unit 4 Participation Agreement Page 1 of 2 APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 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 Resolution- MPM Development LP -Bordeaux Place Unit 4 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, LP. ("Developer"), a Texas corporation, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 12.802 acre tract of land, more or less, a portion Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 13, 14, 19 and 20 (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Bordeaux Place Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Brockhampton Street from its existing terminus for a distance of approximately 404 feet to connect with the existing roadway on Bronx Avenue as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $135,766.13. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 2 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF BORDEAUX PLACE UNIT 4 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 3 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 4 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, LP. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street / 78401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be September 15, 2017. (EXECUTION PAGES FOLLOWS) MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 5 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 EXECUTED in one original this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: Julian Grant Assistant City Attorney OWNER: MPM Development, LP. Mossa Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Moses Mostaghasi, General Partner, MPM Development, LP., a Limited Partnership, on behalf of said partnership. Notary Public's Signature MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 6 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 STATE OF TEXAS COUNTY OF NUECES § WE, MPM DEVELOPMENT, LP, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF , THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF . 20 STATE OF TEXAS COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY VAHID MOSTAGHASI. THIS THE DAY OF , 20 STATE OF TEXAS § COUNTY OF NUECES § I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF , 20 NOTES: NIX❑N M. WELSH, R. P. L. S. 1. THE BASIS OF BEARINGS IS THE SOUTHWEST BOUNDARY LINE OF BORDEAUX PLACE UNIT 1, S61'OO'OO"E, AS SHOWN. 2. THE SUBJECT SITE IS IN ZONE "C" ACCORDING TO FEMA MAP, COMMUNITY PANEL 485494 0540 C, REVISED MARCH 18, 1985. 3. THE SUBJECT SITES CONTAIN 12.802 ACRES INCLUDING STREETS TO BE DEDICATED. 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS". TCEQ ALSO CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION' USE. 5. SET 5/8" IRON RODS AT ALL LOT CORNERS UNLESS OTHERWISE NOTED. 6. THE PROPERTY IS CURRENTLY ZONED FR FARM RURAL DISTRICT AND IS PROPOSED TO BE RE -ZONED TO RS -6 SINGLE FAMILY, 7. A 60' ROAD ROW, V, 1676, P. 452, D. R. , WAS CLOSED I N LOTS 4, 5 AND 6, BLOCK 1, BY CITY COUNCIL, ORD, NO, , WITH 60' DE RETAINED. �DUNBARTON OAK BRIARHURST ST LA ROCHELLE DR. BRDCKHAMPT❑N ST. "SITE" 0 300' 600' cm LA BIANCA DR, 1200' SCALD 1"= 600' BRONX AVENUE BROOKE RD. EMPIRE STATE DR. CENTRAL PARK DR WALL ST. LOCATION MAP 1- = 600' 1 - MAY 2 0 2015 PLANNING COMMISSION PLAT OF BORDEAUX PLACE UNIT 4 A 12, 802 AC. TRACT OF LAND, MORE DR LESS, A PORT I ON FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SECTION 20, LOTS 13, 14, 19 AND 20, A MAP OF WHICH IS RECORDED IN VOLUME 'A', PAGES 41 - 43, MAP RECORDS, NUECES CO. , TX CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED, 4/01/15 COMP. NEL: PLAT-SH1 JOB NEL: 03026 SCALD 1' = 60' PLAT SCALD SAME SHEET 1 DE 2 STATE OF TEXAS § COUNTY OF NUECES § WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), _ (TITLE), OF THIS THE DAY OF , 20 STATE OF TEXAS § COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE DF TEXAS THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS RATNA POTTUMUTHU, P.E., LEED AP DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF , 20 CHAIRMAN SECRETARY PHILIP J. RAMIREZ, A.LA., LEED AP DANIEL M. GRIMSBO, P.E., A.I.C.P STATE OF TEXAS COUNTY OF NUECES § I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF . 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF , 20 AT O'CLOCK .M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME . PAGE . INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS Exhibit 1 Page 1 of 2 LOT 18 N W 0 0�IX J F1 O ow N Q Imo U 0s wih0 ("Io N o I- �LJcu ea U w00 ai >- 0 0 L. 0 0_ o6 CO CO Lv LO cu o Ll 0 00 cu z • LOT 18 CITY PARK LOT 19 N vw o_ N61'00' 00' W 108, 52' 11, �1- C3j 20 w 6678 SF 1 AS 10' UE � W 19 -4 10334 SF d. 21 6048 SF \et%..\\ , 118. 86' 22 6371 SF 2� 1 c ST2Y,<)A,� TO ti 10 11 12 13 10' UE BORDEAUX PLACE UNIT 1, BLK 2, V. 61, P. 179 - 181, M. R. 14 S61° 00 15 ' 00"E 6 16 7. 49' FD 5/8" I. R. 6' o.4) ISS \ 60' ROAD ROW, V. 1676, P. 452, D. R. S61° 00' 00" E 455, 00' 91. 74' 18 :" 6756 SF ; 2Q' YR 4"I 61' 89. 80' 10' UE 17 11107 SF 16 m 6316 SF 61' 00' 00' E 99. 92' • 12 12679 SF N3c,. 106 31�. 8 13 6068 SF 0 071 -2-837T2'- 1 83 ' 1 13812 SF' S61'00' 00' E 236. 05' O- S tifj6\ /l \ 0 v' S \ 8.' lam. ups, O- \c'8. c36.7 S61°00' 00"E 77, 2 11027 SF 1/ 196. 38' 6S\ �9- �O- 579 FD 5/8' I. R. - FD 5/8' I. R. w • 0 0 rZ w 0 0 co 3 9004 SF 156. 71' \ N_ 1->. \ S 1 .9F "?8. 7270 SF \ " ? 4. N61'00' 00' W\ \ 65. 03' - _F46.75, 10' UE s� d? - o N 20' YR 11 u� 7721 SF 6 v 0% •r c' N61'00' 00'W1 92. 07' 15 7198 SF N29°00' 00' E 12. 05' 10' YR 110. 00' in N in N 24 7865 SF 120. 96' " -FD 5/8' I, R. LOT 19 \ FB & EF & GT, PORTION SECTI❑N 20, LOT 18, CITY OF CC 0, 049 AC. TRACT, DOC, NO, 2007014899, O. R. 92. 13' 14 7203 SF N29'00' 00' E 12. 23' 110.00' Lt. N61'00' 00' W 220. 00' ST MERE EGLISE DR 71.90' 25' YR 0 O 0 26 7909 SF 71. 90' 40, 8` U LJ J J > o tY 11.1 > w6.2 25' 0 25' .•� 0 �- \ �\ Ci /in co�O 0'. N z 146. 67' 2 9922 SF 104, 57' N\ 109 4 Ar N 60' DE, SEE NOTE 5 cO 347' N61'00' 00' W 198. 44' 3 12560 SF y0 ABOVE 5 UE 58, 00' Lc) r; 0 N N29' 00' 00' E 0 O N 11751 SF w 0 0 0 O z 6 5. 17' 46' 17 18 59. 83' 7 11994 SF Io 0 N wI �I 25' YR I 10' UE ,J 59. 8a' S61' 00' 00' E 65. 00' 1J BROOKE RD S61'00'000'E 65 1:3%. N61'00' 00' W 65. 00' 10' UE 25' YR co9- N61' 00' 00' W 235. 52' 5' UE 5' UE 78. 60' ui 10 10647 SF 55 0 O 0 0" N o5 9 6332 SF 00' 00' E /561' 92. 13' 8 7203 SF T 110. 46' 4 7204 SF � \ \ cP N61' 00' 00' W G\, N\ 1 136. 49' 5 8433 SF N61' 00' 00' W N29' 00' 00' E 12. 23' 110. 00' 10' YR L_ 153. 22' 6 9161 SF N61'00' 00' W 161. 74' W\� CO o io 1 i 1m la 7 10566 SF' N29' 00' 00' E 20. 06' 153. 13' 589' 49' 03' E 628. 13' ' 561' 00' 00' E 535. 22' 65. 00' 0 O 0 27 7150 SF 10' UE 65. 00' 65, 00' 0 O 0 28 7150 SF 65. 00' 65. 00' 0 0 0 29 - 7150 SF 65. 00' S29' 00' 00' W N61° 00' 00" W 933. 22' 65. 00' 5' 30 7150 SF 65. 00' -5' N61'00' 00' W 263. 13' EE 65. 00' 0 31 7150 SF 65. 00' 20' DE, DOC, 2011039360, 0. P. R. FB & EF & GT, SECT 20, PORTI❑N LOTS 19, 20 AND 29 AND ALL OF LOT 30, CC I SD, 35. 98 AC. TRACT, DOC. 2011039359, 0. R. , TO CL BRONX AVE. in N 13 ZIN 0•' in N LJ 65. 00' - 5S 00' 1 ci CZ 0 z O 0 0 O 0 25' YR 32 7150 SF 65. 00' S29' 00' 00' W 0 O 33 7129 SF w I} 65. 00' LOT 19 LOT 20 w 0 O O O 0 b O 0i o N N Z (4 30' ce 3 10708 SF r1 d zd • 08' ' `, 132, 12 U 0d 0 1- z w w >- v� <w o ca w0 I -CC or z r- 0 C') F -Z S61°00' 00"E 60, 00' 10' UE 4 8991 SF N7 o• 08' 20' W 115.87' 5 8446 SF N61'00' 00' W 114. 44' 6 7576 SF 29' 00' 00' E 20. 06' 10' YR -5`--EE- - AOD=15'20' 57' R=570. 00' T=76. 81' L=152. 70' CB=N25° 31' 07' W CH=152. 24' 0 D=06' 18' 48' R=630. 00' T=34. 74' L=69. 42' CB=N21' 00' 02' W CH=69. 38' OD=87' 26' 51' R=15. 00' T=14. 35' L=22. 89' CB=N61' 34' 04' W CH=20. 74' OD=44'17' 30' R=200. 00' T=81. 40' L=154. 61' CB=N83' 08' 45' W CH=150. 79' OD=43'37' 50' R=140. 00' T=56. 04' L=106. 61' CB=N82' 48' 55' W CH=104. 05' O D=87'29' 21' R=15. 00' T=14. 36' L=22. 90' CB=N31' 37' 29' E CH=20, 74' S22° 57' 15" W 198. 24' �N61'00'00'W 110. 10' N S61' 00' 00' E 160. 22' ' in I F -L T 55. 00' 5' EE 561'00' 00'E 120. 22' 0 0 O L.1 0 0 0 0'. N 30' z P 1 ILa 7129 SF ceIr 0 Iw Io 65. 00' S29' 00' 00' W 65. 22' 0 0 25' YR in 2 r:I 7174 SF 0I 65, 22' 15' UE 32 31 MANHATTAN ESTATES UNIT 5, BLK 1, 1- V. 68, P, 298 - 300, M. R. S61°00' 00"E 10. 12' CURVE DATA OD=41'07' 11' O D=100'03' 43' R=500. 00' R=20. 00' T=187. 54' T=23. 86' L=358. 84' L=34. 93' CB=N08' 26' 25' E CB=N25' 15' 31' E CH=351, 19' CH=30. 66' OD=90' 00' 00' R=10. 00' T=10. 00' L=15. 71' CB=N16° 00' 00' W CH=14. 14' OD=287' 27' 56' R=56. 00' T=41, 09' L=280. 96' CB=N61' 02' 22' W CH=66, 25' 0 D=90' 00' 00' O D=287' 23' 13' R=10. 00' R=56. 00' T=10. 00' T=41. 15' L=15. 71' L=280. 89' CB=N74' 00' 00' E CB=561' 00' 00' E CH=14, 14' CH=66. 32' OD=90'00' 00' R=10, 00' T=10. 00' L=15, 71' CB=S 16' 00' 00' E CH=14. 14' OD=41' 24' 35' R=35. 00' T=13. 23' L=25. 30' CB=N81' 42' 17' W CH=24. 75' D=177' 41' 58' R=45. 00' T=2241. 06' L=139. 56' CB=N13' 33' 36' W CH=89. 98' O O \ 37' R TEMPORARY TURNAROUND EASEMENT, DOC. O NO. , O.R. \ Iw 30 � POD=53' 41' 36' R=20. 00' T=10. 12' L=18. 74' CB=S55' 50' 48' W CH=18, 06' QOD=53' 41' 36' R=20. 00' T=10. 12' L=18. 74' CB=NO2' 09' 12' E CH=18, 06' OD=46' 50' 38' R=440. 00' T=190. 61' L=359. 74' CB=505' 34' 41' W CH=349, 80' MAY 2 02015 MAY 2 2015 PLANNING COMMISSION PLAT OF BORDEAUX PLACE UNIT 4, (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BASS & WELSH ENGINEERING FIRM NO, F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 PLOT DATE! 5/15/15 FILE, PLAT-SH2.DWG JOB N❑.1 03026 SCALE, 1' = 60' PLAT SCALE! SAME SHEET 2 OF 2 Exhibit 1 Page 2 of 2 CITY PARK �� \� \\\ N l4 00 � N 1 \ . \ \\ \\\\.\\\ \ \\ rOx \\ \\ 2 t� OO \\\\\ N 60',/o -tiq \\\\\ \.\ �\ 00 OBJ, ‘� 2s/i)1/ O \\ \\ I \ \\ \\ 3 tio�99sr c �,� r�OJ �T� \\\ \\\ goo o� T c> T 2'‘ \\ I1 �9 l� J'•\ Q- \\�\ I In c��, \ ,� `0 F i% 0 ��y \\\ \ \\ 4 8x \ \\\ \ 00 \\ \\ \ \\ \\ BORDEAUX PLACE UNIT 1, BLK 2, V. 61, P. 179 - 181, M. R. 10 / 11 EXHIBIT SHOWING BROCKHAMPTON IMPROVEMENTS AT PARK 1~=60' 0 30' 60' 120' SCALE: 1"= 60' Exhibit 2 1 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 03026, SCALE: 1" = 60' PLOT SCALE: SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 7/24/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS (NOT AT PARK) QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 4233 LF 14.00 59,262.00 2. 4" THICK R/C WALK 17143 SF 3.50 60,000.50 3. 5' RC VALLEY GUTTER 163 LF 60.00 9,780.00 4. 4" HMAC 0 SY 0.00 0.00 5. 8" CRUSHED LIMESTONE BASE TO 2' BC 5294 SY 17.00 89,998.00 6. 2" HMAC 8171 SY 17.00 138,907.00 7. 6" LIMESTONE BASE 5264 SY 15.00 78,960.00 8. 8" LIME STABILIZED SUBGRADE TO 2' BC 10558 SY 7.00 73,906.00 9. EXCAVATION 1 LS 48,000.00 48,000.00 10. CLEARING AND GRUBBING 1 LS 8,500.00 8,500.00 11. STREET SIGNS 4 EA 200.00 800.00 TOTAL STREET & SURFACE ITEMS (NOT AT PARK) $568,113.50 STREET & SURFACE ITEMS AT PARK QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 404 LF 14.00 5,656.00 2. 4" THICK R/C WALK 1608 SF 3.50 5,628.00 3. 2" HMAC 792 SY 17.00 13,464.00 4. 8" CRUSHED LIMESTONE BASE TO 2' BC 972 SY 17.00 16,524.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 972 SY 7.00 6,804.00 6. EXCAVATION 1 LS 3,000.00 3,000.00 7. CLEARING AND GRUBBING 1 LS 1,000.00 1,000.00 TOTAL STREET & SURFACE ITEMS (AT PARK) $52,076.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 1394 LF 48.00 66,912.00 2. 10" PVC PIPE 2117 LF 54.00 114,318.00 3. 12" PVC PIPE 656 LF 42.00 27,552.00 4. 14" CASING PIPE BORED IN PLACE (NO OPEN CUT) 22 LF 200.00 4,400.00 5. DROP CONNECTION FOR 8" PIPE 3 LF 1,100.00 3,300.00 6. DROP CONNECTION FOR 10" 3 LF 1,200.00 3,600.00 7. MANHOLE 13 EA 3,500.00 45,500.00 8. 4" OR 6" PVC SERVICE 48 EA 450.00 21,600.00 TOTAL SANITARY SEWER ITEMS $287,182.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 148 LF 36.00 5,328.00 2. 18" RCP 676 LF 38.00 25,688.00 3. 21" RCP 86 LF 55.00 4,730.00 4. 5' INLET 9 EA 3,200.00 28,800.00 5. ADJUST MANHOLE 1 EA 2,500.00 2,500.00 TOTAL STORM SEWER ITEMS $67,046.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 1380 LF 32.00 44,160.00 2. 8" CAP TAPPED FOR 2' 1 EA 200.00 200.00 3. 8" TEE 2 EA 250.00 500.00 4. 8" CROSS 2 EA 425.00 850.00 5. 8" EL ANY ANGLE 5 EA 200.00 1,000.00 Exhibit 3 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 6. 8" GATE VALVE 4 EA 1,100.00 4,400.00 7. FIRE HYDRANT W/BOX 3 EA 3,200.00 9,600.00 8. 6" PVC PIPE 1052 LF 29.00 30,508.00 9. 6" TEE, DI 1 EA 250.00 250.00 10. 6" EL, 90* DI 4 EA 200.00 800.00 11. 6" X 30" PVC NIPPLE 9 EA 150.00 1,350.00 12. 6" GATE VALVE W/ BOX 7 EA 900.00 6,300.00 13. 2" PE PIPE 880 EA 18.00 15,840.00 14. 2" GATE VALVE 4 EA 525.00 2,100.00 15. DOUBLE WATER SERVICE 22 EA 665.00 14,630.00 16. SINGLE WATER SERVICE 4 EA 550.00 2,200.00 TOTAL WATER ITEMS $134,688.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. BLANK 2" AND 4" CONDUIT FOR AEP 150 LF 15.00 2,250.00 2. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 5018 LF 2.00 10,036.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $16,786.00 $1,125,891.50 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 4 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/06/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 A. STREET & SURFACE ITEMS AT PARK QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 404 LF 14.00 5,656.00 2. 4" THICK R/C WALK 1608 SF 3.50 5,628.00 3. 2" HMAC 792 SY 17.00 13,464.00 4. 8" CRUSHED LIMESTONE BASE TO 2'BC 972 SY 17.00 16,524.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 972 SY 7.00 6,804.00 6. EXCAVATION 1 LS 3,000.00 3,000.00 7. CLEARING AND GRUBBING 1 LS 1,000.00 1,000.00 CITY PORTION $52,076.00 B. STREET & SURFACE ITEMS - OVERSIZE 28'BB TO 40'BB QUANTITY UNIT UNIT PRICE AMOUNT 1. 2" HMAC (OVERWIDTH) 1443 SY 17.00 24,531.00 2. 8" CRUSHED LIMESTONE BASE (OVERWIDTH) 1443 SY 17.00 24,531.00 3. DIFFERENCE IN PRICE BETWEEN 2" & 4"CRUSHED LIMESTONE BASE (OVER DEPTH) 2867 SY 4.25 12,184.75 4. 8" LIME STABILIZED SUBGRADE (OVERWIDTH) 1443 SY 7.00 10,101.00 CITY PORTION PART A PART B $71,347.75 $52,076.00 $71,347.75 SUBTOTAL $123,423.75 10% ENGINEERING, SURVEYING & TESTING $12,342.38 TOTAL $135,766.13 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of IIP1 Corpus Christi tioroloollftrameo 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: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi zip: 78463 FIRM is: ❑ Corporation VrPartnership ['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) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi (Print) Title: Director Signature of Certifying Person: 7114,4-4,4, Date: 7-17-2015 K: \DEVELOPMENTSVCS\SHARED \LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. DOC Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. DOC Exhibit 5 Page 2of2 Vicinity Map Vicinity Map - Bordeaux Place Unit 4 1 Aerial Overview BORDEAUX PLACE - UNIT 4 AERIAL OVERVIEW MAP t N Aerial Aerial - Bordeaux Place Unit 4 'Atok,e,., 4'1'22 Va RI E/7 ''1,/12,,,,, IH 3i GR ,,,;444.2„: - Vicinity Map ▪ m v Ck Zg 4w SRA '." Fro 42 T e p,,,,, p ti VS 2 o ▪ • CR 14 S Fe i CR 12 = Ci FM Al 2i S WtNJFC4n WI NN N 3 AGENDA MEMORANDUM Future item for the City Council Meeting of September 8, 2015 Action item for the City Council Meeting of September 15, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract Santa Fe Street from Elizabeth Street to Hancock Avenue (BOND 2014) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid for a mill and overlay roadway with full depth repairs as required and recommended by the design engineer. (Bond 2014) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas -Anderson, Inc., for the Santa Fe Street from Elizabeth Street to Hancock Avenue Bond 2014 project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2014, Proposition No. 1 Street Project by the community in the general election held in November 4, 2014. Brochure Description: "Santa Fe Street from Elizabeth to Hancock $1,600,000. This project includes full -depth repair of the existing two and three lane roadway. It is an existing one way, C-1 minor collector. The recommended improvements for the road include considering the roadway as a candidate for a reduction in capacity through elimination of one travel lane. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Consideration is being given to the addition of bike lanes, which is consistent with the guidelines of the Mobility CC plan." Ordinance Language: "Designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects...Santa Fe Street, generally from Elizabeth Street to Hancock Avenue." This project provides for improvements to five blocks of Santa Fe from Hancock to Elizabeth. The first block of Santa Fe from Hancock to Bufford is a 2 -lane southbound one-way traffic section with no dedicated parking or bike lanes. The next four blocks of Santa Fe from Bufford to Elizabeth is a 3 -lane southbound one-way roadway with dedicated parking only on the west side. The existing pavement is typically 10" Hot Mix Asphalt Concrete (HMAC) with base and subgrade that is experiencing a range of distresses from surface cracking and rutting to full depth failures. The proposed project provides for a new street configuration for a 2 -lanes (one-way) with dedicated parking on the east (left) side and dedicated bike paths on the west side for the entire 5 -block section. The scope includes milling and overlay of the existing HMAC pavement with full depth repairs as required. Additional work under this contract includes select curb and gutter replacement, storm water inlets, new ADA ramps and sidewalk improvements, driveways, signs and markings and other miscellaneous improvements. Water and wastewater lines in this location along Santa Fe will be upgraded through the City's Capital Improvement Program Project for Indefinite Delivery / Indefinite Quantity (IDIQ) lifecycle program prior to work beginning on the street project proposed in this contract. On July 8, 2015, the City received proposals from two (2) bidders and the bidders: Contractor Base Bid Haas -Anderson Corpus Christi, Texas $1,240,447.35 Bay, Ltd. Corpus Christi, Texas $1,381,311.55 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, Maverick Engineering, Inc. conducted a bid analysis of the two (2) proposals submitted in response to the City's bid solicitation. Maverick Engineering found that Haas -Anderson, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $342,588.50 $1,495,920.76 $0.00 $1,838,509.26 Encumbered / Expended Amount $342,588.50 $11,060.50 $0.00 $353,649.00 This item $0.00 $1,240,447.35 $0.00 $1,240,447,35 Future Anticipated Expenditures This Project $0.00 $240,868.74 $0.00 $240,868.74 BALANCE $0.00 $3,544.17 $0.00 $3,544.17 Fund(s): ST 15 RECOMMENDATION: City staff recommends that the construction contract be awarded to Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid and that the revised scope be approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Santa Fe Improvements from Elizabeth to Hancock BOND ISSUE 2014 FUNDS AVAILABLE: Street CIP $1,700,000.00 Storm Water CIP 69,254.63 Wastewater CIP 36,012.41 Water CIP 33,242.22 TOTAL $1,838,509.26 FUNDS REQUIRED: Construction (Haas -Anderson) $1,240,447.35 Contingency (10%) 124,044.74 Design Fees: *Design Engineer (Maverick Engineering) 353,649.00 Construction Materials Testing (Rock) 10,418.00 Construction Inspection (Estimate) (2.75%) 50,559.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (1.5%) 23,077.00 Engineering Services (Project Management/Construction Management) (2%) 30,770.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $1,834,965.09 ESTIMATED PROJECT BUDGET BALANCE $3,544.17 * Original Contract approved on February 18, 2014 by Motion #030097. Corpus Christi Bay ear #4441i4.4N 4. r+ 0 0 0 N ah S. Staples S I t ;it t. LOCATION MAP PROJECT LOCATION NOT TO SCALE 4.42 PROJECT: E13100 Santa Fe St. ( Elizabeth St. to Hancock St. ) BOND 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ‘t• Corpus Chr sti Capital Programs Santa Fe Street from Elizabeth Street to Hancock Street BOND 2014 Council Presentation September 8, 2015 Project Scope Corpus Chr sti Capital Programs Project includes: • Mill and overlay, proposed 1 -way, 2 travel lanes (shared use). • ADA ramps, Concrete sidewalk repairs. • Valve adjustments and inlet repairs. • Signs and striping Project Schedule Corpus Chr sti Capital Programs 2014 2015 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Design Jun Jul Aug Bid Project Estimate: 94 Calendar Days 3 Months Sep Oct Nov Dec Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of 09/08/15 Action Item for the City Council Meeting of 09/15/15 DATE: TO: September 1, 2015 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wesp@cctexas.com 361-826-3082 Resolution in support of the proposed Barisi Village project CAPTION: Resolution in support of the proposed Barisi Village project, which will result in the redevelopment of the vacant Pharaoh Valley golf course PURPOSE: To support Blackard Global's planned development Barisi Village located at the Pharaoh Valley Country Club Golf Course (7111 Pharaoh Drive). The Barisi Village will be a unique high-quality mixed-use and pedestrian friendly development consisting of single family, multifamily, office, and commercial uses. The proposed development plan includes a nine hole golf course, 4,500 square feet of clubhouse/training facility, 80,000 square feet of office, medical office, or rehab center, 120,000 square feet of retail, restaurants, or shops and other facilities. A key feature of Barisi Village will be a public plaza that will create a unique community gathering space. BACKGROUND AND FINDINGS: On August 12, 2014 City Council passed Ordinance 030249 amending the Corpus Christi Unified Development Code (UDC) upon application by Blackard Global and recommendations from City Staff, the Planning Commission, and many residents who live near the proposed Barisi Village. City Council approved the Planned Unit Development Overlay rezoning of 57.75 acres at The Pharaohs Country Club and Pharaoh Valley Northeast. Council also amended the City's Comprehensive Plan to account for the zoning change in the future land use map. City Council supported the passage of Senate Bill 1168 which amended the Texas Property Code by adding Chapter 213. Chapter 213 established procedures for amending or removing covenants that restrict certain amenity property to use as a golf course. The applicable covenant that restricts the use of an amenity property for use as a golf course requires the approval of 75% of the lots or units in the development in order for the restrictive covenants to be amended. Such amendment procedures only apply if the amenity property has ceased being operated as a golf course for at least three years (Pharaoh Valley Country Club Golf Course meets this criteria). This bill was sought by Blackard Global, developers of Barisi Village. Senate Bill 1168 was signed by Governor Greg Abbott on June 19, 2015 and took effect September 1, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed development is consistent with the overall intent of the City's Comprehensive Plan. The proposed development is consistent with the specific goal of the Corpus Christi Southeast Area Development (AD) Plan: "...to protect the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area." The Southeast AD has eight objectives. The proposed development is most consistent with AD Objective F which provides: "Encourage a well -integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs." EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal ACM -General Government & Operations Support FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION IN SUPPORT OF THE PROPOSED BARISI VILLAGE PROJECT, WHICH WILL RESULT IN THE REDEVELOPMENT OF THE VACANT PHARAOH VALLEY GOLF COURSE WHEREAS: The City Council is in favor of the redevelopment of the vacant Pharaoh Valley Golf Course, located near prime bayfront property but currently overgrown and unsightly with weeds and refuse; WHEREAS: An experienced developer from North Texas, Blackard Global, has chosen Corpus Christi as the site of a new development, proposing to build in conjunction with a revitalized PharaohValley golf course, a European `Barisi" Village with buildings placed near the street right-of-way and mixed-use buildings resulting in a pedestrian -oriented development, with a central lake in the village core, lakeside sidewalks with potential gathering spaces, a principal plaza, and a meandering main street or "spine" with three points of access to existing City streets; WHEREAS: On August 12, 2014, the City Council approved the Planned Unit Development Overlay rezoning recommended by City staff and the Planning Commission and supported by a numerous local residents near the proposed Barisi Village who turned out at several neighborhood and public meetings to show vigorous support of the project; and WHEREAS: In the 84th Texas legislative session, the City Council supported the passage of Senate Bill 1168, which amends the Property Code to allow the amendment of deed restrictions that require only a golf course to be on adjacent property, such amendment being by petition of 75% of the neighboring property owners. This bill was sought by Blackard Global and took effect on September 1, 2015. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That the City of Corpus Christi vigorously supports its citizens and the Developer, Blackard Global, in the development of the proposed mixed-use Barisi Village, to redevelop and clean up the unsightly and vacant Pharaoh Valley golf course. 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 31, 2015 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Deputy City Manager Margier@cctexas.com 361.826.3220 Collective Bargaining Agreement — Corpus Christi Police Officers' Association CAPTION: Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement PURPOSE: Council authorization for the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for the period of August 1, 2015 through September 30, 2019. BACKGROUND AND FINDINGS: The City entered into collective bargaining negotiations with the Corpus Christi Police Officers' Association on April 30, 2015 and reached a Tentative Agreement on July 23, 2015. An election ratifying the Contract by the bargaining unit of the Police Department was held on August 28, 2015. The bargaining unit voted in favor of ratification. The agreement includes the following changes and/or additions: • 4 year agreement, August 1, 2015 through September 30, 2019 • 0% increase to base salary effective October 1, 2015; • 0% increase to base salary effective October 1, 2016; • 2% increase to base salary effective October 1, 2017; and • 2% increase to base salary effective October 1, 2018; • Effective January 1, 2019 the Employee Deposit rate will increase from 6% to 7%. • Removal of the evergreen clause and instead agreed to a 4 year contract with a three year contract extension. • Article 3: Association Rights o Time off for Association Vice President. o Increase in Association Pool Hours from 300 hours to 400 hours. o Removal of trustee of Association Health & Benefits Trust (Trust no longer exists). • Article 6: Management Duties o City will provide certain items to the CCPOA and its members either written or electronically. • Article 7: Disciplinary Action o Internal Affairs clean up language to reflect current practice of using Complaints, instead of IIRs (internal information reports) and allowing the Internal Affairs Officer to designate a location for Internal Affairs interviews. o Requiring Officers to receiving copy of Complaint prior to Internal Affairs interview. o Allowing for an Officer, who appeals his/her discipline, and the City to jointly agree to attend mediation. o Police Department will use Chapter 143 (Civil Service Act) to calculate and determine any deadlines on when the Department can take disciplinary action. o Officers will be able to view audio/video of incidents involving officer before Internal Affairs interview. o Chief retains discretion in allowing Officers to use leave in lieu of suspension for those suspensions more than 30 hours. o Officers have a 30 day rebuttal for letters of reprimand. o Increase in disciplinary authority for supervisors. • Article 9: Hours of Work o Drafting of Officers to work special events would occur two weeks prior to the event. • Article 10: Salary & Benefits o Health Care Plan Updates to reflect current costs o Language allowing the City to make Health Care Plan changes to be in compliance with the Affordable Care Act and with federal and state laws, if necessary. o Clean up language on Clothing & Equipment and Patrol Pay. • Article 11: Leave o Changes on use of Sick Leave Pool. o Clean up language to the Leave Buy Back article to match up with City's fiscal year. • Article 13: Promotions o O. and P. Removal of language that was no longer applicable and adding phase out clause. o Contract training for newly appointed Lieutenants. • Article 15: Heath & Benefits Trust o Removal of Article because no longer exists. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The attached Tentative Agreement conforms with all City and State policies and regulations. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Legal, Human Resources, Police and Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $5,883,012 $5,883,012 BALANCE $5,883,012 $5,883,012 Fund(s): This item affects multiple funds Comments: Collective bargaining agreement for the period of August 1, 2015 through September 30, 2019. RECOMMENDATION: Staff recommends the ratification and execution of the collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement. LIST OF SUPPORTING DOCUMENTS: Tentative Collective Bargaining Agreement AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION August 1, 2015 to September 30, 2019 TABLE OF CONTENTS Article 1 - Preamble 6 Article 2 - Definitions 6 Article 3 - Association Rights 8 A. Association Recognition and Scope of Unit 8 B. Payroll Deduction of Dues 8 C. Time Off for Association Business 9 D. Bulletin Boards 11 Article 4 - Association Duties 12 Article 5 - Management Rights 13 Article 6 — Management Duties to the Association 15 Article 7 — Disciplinary Action 15 Article 8 - Grievance Procedure 22 Article 9 - Hours of Work 25 A. Workweek 25 B. Overtime 25 C. Court Time and Call Back 26 D. Deferred Compensation for Overtime 27 Article 10 - Salary and Benefits 27 A. Monthly Salary Schedule 27 B. Health Care Plan and Life Premiums 29 C. Field Training Officer Pay 36 D. Educational Incentive Pay 36 Page 2 E. Clothing and Equipment 36 F. Pensions 37 G. Deferred Compensation Plan .37 H. Classification Compensated Under the City's Classification and Compensation Plan ..38 I. Termination Pay 38 J. Longevity Pay 38 K. Bomb Squad Pay 38 L. Breathalyzer Certification Pay 39 M. Weekend Pay 39 N. Shift Differential Pay 39 0. Shift Changes 39 P. Dog Handler Pay 39 Q. SWAT Team Pay 39 R. Hostage Negotiation Team Pay 39 S. Dive Team 39 T. Badges... 39 U. Patrol Pay 39 Article 11 - Leave 40 A. Holidays .40 B. Vacations 40 C. Personal Leave 41 D. Military Leave 41 E. Special Leave 41 (Page 3 F. Line of Duty Injury or Illness 42 G. Administrative Leave 42 H. Leave Buy Back 43 I. Sick Leave Pool 43 J. Other Leave Time Policies 45 K. Bereavement Leave 45 L. Funeral Benefit 45 Article 12 - Personnel Practices 45 A. Interchangeable Use of Police Officers and Senior Police Officers 45 B. Disability 46 C. Civil Service Internal Investigations 46 D. Civil Service Commission Records 47 E. Notice of Shift Change 47 F. Wearing of Uniform on Off Duty Security Jobs 48 G. Entrance Examinations 48 H. Alternate Hiring Process 48 I. Reinstatement 49 J. Mandatory Random Drug Testing 50 K. Layoffs, Recalls and Reduction in Force 52 L. Temporary Duties in a Higher Classification 52 M. Physical Fitness .52 Article 13 - Promotions 52 A. Posting and Administration of Promotional Examinations 52 B. Promotional Examination Corrections 53 IPage 4 C. Senior Police Officer's Proficiency Examination 53 D. After Acquired Educational Requirement For Lieutenants Promoted to Captain .53 E. Appointment of Assistant Chiefs and Commanders 53 F. Probationary Period for Lieutenants and Captains 54 G. Filling Vacancies Below Commander 54 H. Eligibility for Promotion 55 I. Promotional Procedures 56 J. Eligibility Lists 57 K. Grievance or Suits Claiming a Right to Promotion .57 L. Chapter 143 Applicability 58 M. Nepotism 58 N. Final Score ...58 O. Time Served as an Acting or Temp Lieutenant or Captain Between 12/1/06 and 12/10/10 58 Article 14 - Employee -Management Relations 58 A. Labor Relations Committee 58 B. Legal Defense 59 Article 15 - Impasse Procedures. 60 Article 16 - Political Activities 61 Article 17 - Existing Conditions 61 Article 18 - Closing Clauses 62 Appendix "A" - Dues Deduction and Special Assessment Form 64 Appendix "B" - Termination of Dues Deduction 65 Appendix "C" - Grievance Form 66 IPage 5 THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT ARTICLE 1 - PREAMBLE Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City of Corpus Christi, hereinafter referred to as the "City"; and the Corpus Christi Police Officers' Association, hereafter referred to as the "Association." The purpose of this agreement is the promotion of harmonious relations between the City and the Association; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compensation and other conditions of employment. ARTICLE 2 — DEFINITIONS "Accredited college or university," means a college or university whose accreditation is approved by the Texas Higher Education Coordinating Board. "Association" means the Corpus Christi Police Officers' Association. "Calendar days" means any day including weekends and holidays. When the agreement specifies three hundred and sixty-five (365) days, three hundred and sixty-six (366) days will be used during a Leap Year. "C.A.P.F.U.D.T.P." College of American Pathologist Forensic, Urine, Drug Testing Program. "Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX. REV.CIV. STAT. ANN. Art. 1269m (codified 1987). "Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly Article 5154c-1 of Vernon's Annotated Civil Statutes. "Chief' means the Chief of Police of the City of Corpus Christi. "City Manager" means the City Manager of the City of Corpus Christi. "City" means the City of Corpus Christi. "Commission" means the Firefighters' and Police Officers' Civil Service Commission of the City of Corpus Christi as set forth in Chapter 143, Local Government Code. IPage 6 "Emergency" is defined as any unexpected happening or event or unforeseen situation or crisis that calls for immediate action and requires alteration of schedules, work hours, shifts and/or personnel assignments. The Chief may declare an emergency pursuant to this definition. "Employee" means any sworn police officer of the City with the exception of the Chief of Police. "Executive Board" mean those members of the Association duly elected or selected as officers and directors of that organization. "Gender" Reference to the male gender throughout this Agreement shall have equal force and include reference to the female gender. "Governmental Accounting Standards Board" ("GASB") Statement 45 -Addresses how "Other Post Employment Benefits" ("OPEB") other than pensions are recorded in financial statements. "Grievance" means any and all disputes arising under the Grievance Procedure in Article 8. "Member" means any employee who is on the membership list of and pays dues to the Association. "MRO." Medical Review Officer. "Police Officer Trainee." An individual employed by the Corpus Christi Police Department who has not yet completed the Corpus Christi Police Academy and been commissioned as a Police Officer. "Probationary Period." Begins on the date of graduation and commissioning from the Corpus Christi Police Academy, and ends three hundred and sixty-five (365) calendar days from that date. "S.A.M.H.S.A." Substance Abuse and Mental Health Services Administration. "Seniority." Begins on the date of graduation and commissioning as a Police Officer from the Corpus Christi Police Academy. "Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including but not limited to "slowdowns", "sickouts", and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment. "Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned supervisory duties by ranking officers having authority to make such assignments. (Page 7 "TCOLE" means the Texas Commission on Law Enforcement, formerly known "TCLEOSE" (Texas Commission of Law Enforcement Officers Standards and Education). "Termination of employment" means the officer voluntarily resigned, whether eligible for retirement or not, or was indefinitely suspended and did not appeal his or her termination of employment or after exhaustion of all appeals to arbitration and/or court. "Work hour or working hour" means any hour an employee is scheduled to be on duty regardless of whether on a weekend or holiday. "Work days or working day" means business days excluding weekends and holidays. ARTICLE 3 - ASSOCIATION RIGHTS A. Association Recognition and Scope of Unit. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Police Officers, Senior Police Officers, Lieutenants, Captains, Commanders, and Assistant Chiefs. B. Payroll Deduction of Dues. 1. The Association shall supply the City with all necessary papers and information for payroll deduction of Association dues and assessments. The City shall not authorize payroll deductions for membership dues to any other employee organization, which is qualified to be a collective bargaining agent for police officers. 2. The City agrees to deduct dues upon receipt from the Association of a "Dues Deduction" form voluntarily and individually authorized, signed and dated by each member of the Association. Such dues will be established by the Executive Board in accordance with the bylaws of the Association. This authorization shall remain in full force and effect for the term of this agreement or until termination by the employee. Such "Dues Deduction" form is found in Appendix "A" and is incorporated by reference into this agreement. The City shall begin such deductions on the following pay period after receipt of the "Dues Deduction" form. Any dues increase will require the vote of the Executive Board and shall not need additional signatures from the general membership. 3. The City agrees to deduct special assessments from all employees that are members of the Association upon receipt of official notification from the President of the Association indicating that said special assessment has been approved and ratified by a majority vote of the Association members. In return, the Association agrees to defray the administrative costs to the City for such assessments in the amount of $50.00 per month to be invoiced by the City on a monthly basis during the period of special assessment. The City is not responsible for the administration and procedures used by the Association in collecting, distributing or return of any assessment monies. The following language is for clarification only and is not subject to the grievance procedure: The assessment ballot shall state the type of assessment, the amount of the assessment, the designated period of the assessment, and date and manner of the reimbursement, if any. The reimbursement of all unused assessment funds shall be distributed equally within IPage 8 thirty (30) calendar days of termination of the project as defined in the assessment ballot. For example, "the members shall be assessed $10.00 for collective bargaining negotiations and reimbursement of all unused assessment funds shall be distributed equally within thirty (30) calendar days of execution of a new agreement." 4. At any time a member of the Association desires to withdraw his/her membership, he may voluntarily and individually do so. Such action will be initiated through a "Termination of Dues Deduction" form in Appendix "B" voluntarily and individually signed by the member of the Association and a list of the names of officers who have terminated their participation shall be sent to the Association. The Association, pursuant to its constitution and by-laws, may suspend a member temporarily or permanently. Such action will be initiated through a "Termination of Dues Deduction" form signed by the president of the Association and furnished to the City. Such "Termination of Dues Deduction" form is found in Appendix "B" and is incorporated by reference into this agreement. The City shall terminate deduction of dues on the following pay period after receipt of the "Termination of Dues Deduction" form. 5. The City will be obligated to remit to the Association only those sums deducted as dues and assessments from the Association member's paycheck and will not be liable for damages to the Association, any individual employee, or other persons for failure to deduct any authorized sum for any reason. 6. The City shall continue its practice of providing the Association with the print-out of current dues deductions. 7. The City shall provide to the Association on or about January 31 of each year, a written copy of the CCPD General Rules Manual and all Divisional Manuals. The City will further provide in a timely manner electronic updates to said manuals. The City shall provide a written or electronic copy of the CCPD/Municipal Court Telephone Directory as updated, within a reasonable time period. The Association agrees to use the directory for only internal Association activities and agrees to hold the City harmless. C. Time Off for Association Business. 1. Subject to prior notification to the Chief or the next highest ranking officer, the Executive Board, or its designees, shall have the right to visit the premises of the Police Department for purposes of administering this agreement. For a period of time not to exceed four (4) hours, the Association shall have the exclusive right to make a presentation to cadets at each academy class on the benefits provided by the association, the benefits and rights under the collective bargaining contract, and the rights of police officers under state and federal law. The visits and presentations shall be conducted in a manner and at a time as not to interfere with the functions of the department and approved by the Chief. Such approval shall not be unreasonably withheld. 2. Once a calendar year, each member of the Association shall contribute accumulated sick leave hours to a pool to be known as the "Association Business Leave Pool" in an amount determined by the City and Association to be sufficient to fund the Association President's IPage 9 annual base salary and the number of days of an Association 1st Vice President's base salary specified below. This pool shall be used to compensate the Association President and Association 1st Vice President in accordance with this paragraph. During his/her entire term of office, the Association President shall be relieved of duty with pay to perform Association duties. With prior approval the Chief of Police after a written request by the Association President, the Association 1st Vice President shall be relieved of duty for up to one hundred and eighty (180) days. The Association President's base salary shall be offset by the hours in such pool. The Association 1st Vice President's base salary shall be offset by the hours in such pool, as described above. A five (5) day, eight (8) hour per day work schedule will be used to calculate the 1st Vice President's time on leave. The City shall continue to pay all benefits and additional pay which they are entitled while the Association President and/or 1st Vice President are on Association business leave. The period during which the Association President and/or Association 1st Vice President is relieved of duty under this provision shall not constitute a break in service. In the event of an emergency, the Chief may order the Association President and/or 1st Vice President, while on Association business leave, to report for duty as assigned by the Chief during the emergency situation. In the event of the incapacity of the Association President for a period in excess of two (2) weeks for illness or injury, at the option of the President, the President may elect to discontinue use of the pool and utilize sick leave. This shall be effective upon two (2) weeks written notification in advance that the Association 1st Vice President shall be assuming the duties of the President. The Association 1st Vice President upon assuming the duties of the President shall be eligible to use the pool hours during the absence of the President. In no event shall more than two (2) Association officers be eligible to draw pool hours from the pool at the same time due to the incapacity of the Association President. In the event of the death of the Association President or incapacity during which the Association President is unable to communicate, the Association 1st Vice President shall provide written notice of the intent to utilize the pool hours under this provision. The Association President or 1st Vice President while relieved of duty to perform Association duties shall not be placed on limited duty. 3. With five (5) calendar days written notice to the Chief of Police, time off with pay will be allowed for officers who participate on the Association's negotiating team on days that the team is preparing for negotiations and while contract negotiations are in session. If the team member is on their regular day off, the employee is entitled to another day off with pay. The total number of persons participating on each of the negotiating teams shall be equal, but no less than three (3). Preparation time shall be limited to that reasonably necessary not to exceed one (1) workday for each scheduled day of bargaining. 4. Members of the Executive Board may receive time off, without loss of pay, to attend regularly scheduled Association meetings, and Executive Board meetings. The Chief may, at his/her discretion, grant said time off, subject to scheduling and manpower contingencies that may arise. IPage 10 5. Effective upon adoption of this Agreement a pool of four hundred (400) hours shall be available during each year of this contract for time off with pay for Association delegates to attend national and state labor board meetings, conferences and conventions, law enforcement and labor -related training programs and seminars, TMRS training programs or TMRS meetings, provided that said time off with pay shall not exceed a total of four hundred (400) hours each contract year regardless of the number of delegates elected to attend such functions. In no event shall pool hours be used for political fundraising or campaigning. Additional expenses for travel, lodging, etc. are not included. The Association President shall approve in writing the use of pool time, and provide an accounting to a designee of the Chief of Police. 6. Except for a person who holds the position of President of the Association and has elected to be relieved of duty to perform Association duties, no Captain shall be serve as representative for an employee on a grievance, serve on the Association Grievance Committee, or serve on the Association negotiating team. D. Bulletin Boards. The Association may provide and maintain a bulletin board on any premise of the Police Department at its own expense. The City will not authorize the posting of bulletin boards on any premise of the Police Department by any other employee organization, which is qualified to be a collective bargaining agent for police officers. The bulletin board shall be consistent in design and standards to other bulletin boards in the Police Station for posting of routine announcements of meetings, Association business, recreational functions, legislative enactments and judicial decisions. The use of the bulletin board for the postings of partisan political material, editorial comments and viewpoints of employees in any manner, which would be in opposition to existing police working conditions, shall not be allowed. Any material on the bulletin board which the City alleges to be in violation of this agreement shall be promptly removed by the Association. The matter will then be immediately referred to Step "4" of the grievance procedure for resolution. The Association shall be allowed to disseminate bulletin board information under the same rules and regulations adopted for bulletin boards and in accordance with the procedures spelled out below. The Association President or his/her designee shall submit the proposed email in writing to the Chief for distribution to members of the bargaining unit only. The Chief shall approve or disapprove of the proposed email within five (5) calendar days of receipt from the Association. The Chief shall notify the Association of his/her decision in writing. In the event the Chief denies the request, the Association shall have five (5) calendar days from receipt of the Chief's decision to appeal that decision to the City Manager. The City Manager shall either affirm or overrule the decision of the Chief within five (5) calendar days of receipt of an appeal from the Association. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. It is the intention of this provision to allow the Association to provide information to officers only. Nothing herein shall be construed to permit or sanction two-way communication between officers and the Association using this method. Unauthorized use of the email system in response to Association emails sent under this provision shall be subject to departmental policy. IP 11 ARTICLE 4 - ASSOCIATION DUTIES A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the following practices: 1. Restrain or coerce any employee in the exercise of any rights granted under this agreement; 2. Cause or attempt to cause an employee to discriminate against another employee because of the employee's membership or non -membership in any employee organization, or attempt to cause the City to violate any rights of the employee; 3. Discriminate against any employee because he has signed or filed an affidavit, petition or complaint, or given any information or testimony alleging violation of this agreement; 4. Discriminate against any employee covered by this agreement because of race, sex, creed, color, age, national origin, affiliation, association or non -association; or discriminate in the application or interpretation of the provisions of this agreement; 5. Discriminate against any employee who has filed a grievance pursuant to Article 8 of this agreement; 6. Initiate, authorize, aid, or participate in any strike, picketing, or distribution relating to the employee's employment or the employment of any other person by the City or any other employee; or refuse to cross any picket line by whomever established where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City. B. The parties hereto agreed that all negotiations will be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act," Chapter 174, Local Government Code. C. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the City to compensate, remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. This provision shall not unfavorably affect employees as to any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees after the effective date of this agreement. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees shall not be incorporated into this agreement; nor shall the City be required at any time to pay any share of said wages, hours, terms and conditions of employment of other benefits. Any reduction or elimination of wages, hours, terms and conditions of employment, and other benefits by the Texas State Legislature that previously required the City to compensate, IPage 12 remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. ARTICLE 5 - MANAGEMENT RIGHTS A. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City. B. The City shall have the authority to consolidate the operations of two (2) or more departments, and to reorganize the operations within the department, or departments, and the right to lay off employees of the department. C. The City shall have exclusive authority to transfer any governmental operations now conducted by it to another unit of government. Upon such transfer, all agreements are terminated, including this agreement as pertaining to personnel of the department affected by the transfer. D. The City and the Chief shall retain all rights and authority to which, by law, they are entitled. E. It is understood by the parties that every duty connected with operations enumerated in job descriptions is not always specifically described, and it is intended that all such duties shall be performed by the employee. F. The City shall reserve the right to use security personnel which include, but are not limited to, such job classifications incorporated within the Compensation and Classification Plan as Safety Security Officer, Jailer, Lifeguard, School Crossing Guard, and Maintenance Security which require training in law enforcement, safety and security duties, fire fighting skills, emergency medical treatment, water safety, and other similar related skills. Such job classification, as well as similar job classifications adopted in the future which would include public safety personnel for Padre Island, are not subject to the terms of this agreement. G. Notwithstanding any provision in this agreement to the contrary, and without altering any other provision of this Agreement, the City is authorized to civilianize the following positions or units: 1. Departmental Accreditation Manager 2. Fleet Management 3. Narcotics/Vice Investigation Booking Desk 4. Crossing Guard Coordinator IPage 13 5. Police Athletic League (PAL) Coordinator 6. Crime Stoppers 7. Public Information Office 8. Enhanced Digital Access Communications Systems (EDACS) The City reserves the right to use civilians in the Police Department to perform duties that do not require a commissioned officer. Duties that require a commissioned officer are defined to be those duties required by State law to be performed by peace officers. It is specifically agreed that the City may use civilians to perform duties in the Police Department that are presently being performed by civilians irrespective of any requirements of state law concerning the requirement for a police officer. It is also agreed that civilians in the Police Department may not be used as direct supervisors of any commissioned officer. Interpretation of this provision is subject to declaratory judgment action. It is expressly understood and agreed that all provisions of this section shall preempt any statute, local ordinance, City policy, or rule, which is in conflict with or is inconsistent with this Agreement and the procedures developed hereunder, including for example and not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the Texas Local Government Code. H. The City reserves the right to use personnel from the Police Department and the Fire Department interchangeably during natural disasters and civil disorders. I. The Chief shall have the exclusive right to: 1. Establish departmental rules and procedures; 2. Discipline or discharge for cause; 3. Determine work and overtime schedules in a manner most advantageous to the City; 4. Establish methods and processes by which work is performed; and 5. Transfer employees within the department in a manner most advantageous to the City. J. Except as provided in this agreement, the City retains the right to operate and manage its affairs in all respects. IPage 14 ARTICLE 6 -MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every employee and the Association in writing or electronically: 1. A current copy of rules and regulations of the department and any amendments, and 2. A true and correct copy of this agreement. 3. A true and correct copy of the Rules and Regulations of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi, Texas, as amended. B. The City shall not engage in the following practices: 1. Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement; 2. Dominate, interfere, or assist in the formation, existence or administration of any employee organization which is qualified to be a collective bargaining agent for police officers; or contribute financial support to any such organization. 3. Encourage or discourage membership in any employee organization by discrimination in hiring, tenure, training, or other terms or conditions of employment; 4. Discharge or discriminate against any employee because he has filed any affidavit, grievance, or complaint; or given any information or testimony alleging violations of this agreement; or because he has formed, joined, or chosen to be represented by any organization; 5. Discriminate against any employee or employee group because of religion, sex, creed, color, age, national origin, association or non -association or affiliation in an organized employee group or discriminate in the application or interpretation of the provisions of this agreement. C. Hurricane Call Out. The City agrees to provide posted locations prior to a call out for a hurricane where employees may park their privately owned vehicles, and notify the officers of the employee shelter. The City does not guarantee that vehicles will not be damaged at such locations or the safety of any person who remains at the employee shelter during the hurricane. D. The City shall notify the Association in writing of all posted meetings and hearings of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi, Texas. ARTICLE 7 - DISCIPLINARY ACTION A. The Chief shall have authority to demote, temporarily suspend not to exceed two hundred and forty (240) work hours, or terminate any employee for the causes set forth in the Rules and Regulations of the Civil Service Commission for Firefighters and Police Officers of the City. In IPage 15 the alternative, the Chief shall have authority to impose "alternate disciplinary actions" in the nature of required attendance at and participation in remedial, educational or rehabilitative programs. Such programs may be provided by the City or by the City through a third party. The employee may appeal such actions as provided herein. Nothing herein shall be construed to allow appeals of reprimands or other disciplinary actions or alleged disciplinary actions, which were not previously appealable. It shall be within the sole discretion of the Chief to decide whether to utilize the "alternate disciplinary actions" provided for herein, subject to the appeal provided herein. When the Chief chooses to demote, temporarily suspend, or terminate any employee, the arbitrator shall have no authority to consider or substitute an "alternate disciplinary action." B. Disciplinary Statutes of Limitations. The parties will defer to Article 143, Texas Local Government Code, Section 143.052(h) and Section 143.056 for the statute of limitation on disciplinary actions. C. Investigation Guidelines. "Internal Affairs Investigation" means cases where an allegation of misconduct has been made, a complaint has been generated, assigned for follow up investigation; it does not include incidents or situations arising in the field which require initial fact finding to prepare a complaint. In the event that a police officer is interviewed by a division commander, captain, or internal investigator regarding an internal affairs investigation, which, if proven, may result in a suspension or indefinite suspension, the following guidelines shall prevail. This provision shall not apply to officer witnesses who shall be advised of their role in the investigation. 1. The interview of any employee shall be at a reasonable hour, preferably during on - duty hours, if possible, but not necessarily, depending upon circumstances. In the event of a dispute of the reasonable hour determination, the decision of the Chief shall be final. 2. The interview shall take place at a location designated by the investigating officer. 3. The employees shall be informed of the rank, name and command of the officer in charge of the investigation, as well as the rank, name and command of the interviewing officer and the identity of all persons present during the interview. 4. When the officer receives the written notice to appear at Internal Affairs for an interview, the officer shall also receive a copy of the complaint against such officer. The complaint shall include the name of the complainant, the date of the alleged incident and the allegations of the officer's misconduct. Except in exigent circumstances, the employee shall be informed forty-eight (48) hours prior to being interviewed or asked to otherwise respond to an internal affairs investigation. If it is known that the employee being interviewed is a witness only, he shall be so informed. "Exigent circumstances include necessary cooperation during incident scene procedures, including securing the scene, controlling the public, preliminary responses to press inquiries, obtaining witness information, obtaining and processing all physical evidence from the scene or from the officer." IPage 16 5. The interview shall be completed with reasonable dispatch. Reasonable respites shall be allowed. Time shall be provided also for personal necessities, meals, telephone calls, and rest periods as are reasonably necessary. Prior to the interview, the Officer shall be allowed to view any and all digital recordings of an incident involving the Officer, including videos and/or audios. 6. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions. Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his/her conduct can become the subject of disciplinary action resulting in disciplinary punishment. 7. If an employee is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he shall be accorded all rights pursuant to law to which any citizen would be entitled. 8. At the request of the employee or the interviewing officer, the complete interview of the employee shall be recorded (video/audio) or by a stenographer. There will be no "off the record" questions unless so agreed by both parties. All recesses called during the questioning shall be noted in the record. The party requesting (video/audio) recording or recording by a stenographer shall pay all costs of same, unless the parties agree on a cost division between them. 9. Upon request of the employee or the employee's attorney, said employee or attorney shall be given an exact copy of any written statement the employee executed, or if the questioning is (video/audio) or stenographically recorded, the employee or the attorney shall be permitted to record or transcribe from the original recording of the officer's own statement or interview, upon his/her request, or to purchase a copy of the original recording. The City shall provide within a reasonable time prior to the rebuttal conference or hearing ("Loudermill"), the employee or the employee's attorney a reasonable time to review but not copy verbatim or photocopy any complaints, affidavits, other written statements, GPS/AVL readouts, video recordings, audio recordings, and photographs, which have been gathered as part of the administrative investigation. The officer shall not release the provided information to any person other than his/her attorney or Association representative. 10. The refusal of an employee to answer questions and submit reports shall be grounds for disciplinary action. Any answer of the employee may be used as evidence in any disciplinary action against the employee. 11. The investigator for Internal Affairs in charge of the particular case is required to inform the officer prior to being questioned, interrogated and/or investigated that he/she may have one representative, an attorney, Association representative or a personal representative, present during the employee's interview, unless the officer in writing voluntarily waives this right. If an officer is ordered to write a statement, the officer shall be allowed to write the Garrity Warning on the statement. No supervisor may represent or advise his or her immediate IPage 17 subordinate during any interviews conducted in an internal investigation. The Association President may represent or advise an employee during an internal investigation. 12. The Chief of Police recognizes the right of Association members to seek advice or representation by designated Association representatives, and to confer with such designated Association representatives and legal counsel. Such communications to an Association representative are privileged and shall not be the subject of compelled disclosure unless exceptions to the attorney client privilege would apply, had the communication taken place with counsel. Association representatives may not be compelled to reveal the substance of communications, which clearly concern Association business; however, this provision does not insulate any behavior or conduct, including threats by language or disorderly conduct from being fully investigated. D. Prior to any such disciplinary action, the employee and the Association shall be given written notice of contemplated disciplinary action, stating the action or actions contemplated and the reasons therefore, and notifying the employee that he may rebut the charges to the Chief, either orally or in writing, within fourteen (14) calendar days, which time shall be stated in the notice. Nothing herein requires the City to meet service or procedural requirements in providing notice to the Association. E. After the notice and opportunity for rebuttal provided in the preceding paragraph the Chief may demote, suspend, terminate, or take alternative disciplinary action against an employee by personal service on the employee of a written statement of charges. If the Chief should be unable to secure personal service after due diligence, service may be made by placing it in the mail addressed to the employee's last known address along with delivery of the statement to the Association, and proof of such service shall be sufficient to support any disciplinary action. A copy of such statement, along with a copy of the notice of contemplated disciplinary action, shall be promptly filed with the Director of Human Resources of the City. The written statement shall point out the particular rule or rules alleged to have been violated by the employee and the specific act or acts alleged to be in violation. Said statement shall inform the employee that he has fourteen (14) calendar days after receipt thereof to file a written appeal with the Director of Human Resources. If alternate service is obtained as provided herein, the employee shall have fourteen (14) calendar days from service upon the Association. To appeal from any disciplinary action imposed, the employee need only file a letter expressing his/her request to appeal to arbitration within such fourteen (14) calendar day period. Appeal from suspension, termination or demotion shall be decided by one arbitrator, selected according to this contract. F. Upon receiving an appeal from an employee or his/her designee, the Director of Human Resources shall act immediately to notify the Association and Chief of the appeal to arbitration. When an employee will not be represented by the Association, advance payment of $1,000 for the arbitrator must be included with the notice for appeal to arbitration in order for the appeal to be valid. Such advance payment may be waived upon the City's acceptance of a written contract IPage 18 with the employee for payment of any charges, which might be incurred by the officer as a result of an appeal to arbitration. The Director shall immediately request a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators from the American Arbitration Association or other qualified agencies, which may be mutually agreed upon for this purpose. Within seven (7) calendar days after receipt of the list, the Director of Human Resources shall contact the employee or his/her designee in order for the employee or his/her designee and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. If the parties cannot agree as to who shall strike first, the parties shall decide by a coin toss. G. The hearing shall be commenced within such reasonable time as the arbitrator selected can be scheduled. If the arbitrator selected cannot commence the hearing within fifty (50) calendar days from his/her selection, either party may, within five (5) calendar days of so learning, call for selection of a new arbitrator, and if the parties cannot agree upon a substitute within five (5) calendar days of so learning, another arbitrator shall be selected from a new list of seven (7) names immediately requested from the American Arbitration Association, according to the procedure set out herein. The hearing shall be scheduled so that it can be completed without break, in consecutive calendar days (excluding weekends and holidays). The arbitrator shall make an award within thirty (30) calendar days of the close of evidence in standard arbitration hearings, and within seven (7) calendar days of the close of evidence in expedited arbitration hearings. Post hearing briefs shall only be permitted in standard arbitration hearings, and must be mailed to the arbitrator within seven (7) calendar days of the close of evidence in the hearing. A stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the transcript may have the transcript made at its sole expense. The award of the arbitrator shall state which particular factual charges he finds to be true, if any, and the particular rules he finds such conduct to have violated, if any. Where the charges are upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted. H. The following rules shall govern the conduct of hearings under this section, and of certain preliminary matters: 1. Upon the request of either party addressed to the opposing party at least seven (7) calendar days prior to the date of hearing, the parties shall exchange the names of witnesses expected to be called at the hearing. Upon failure of a party to disclose such witnesses, the arbitrator may exclude their testimony. Each party shall pay the subpoena fee of their own non - city witnesses. 2. The arbitrator shall have the power to subpoena witnesses, records and other evidence, upon not less than seven (7) calendar days' notice. Pursuant to such notice, the Director of Human Resources shall issue subpoenas requested by the parties in the name of the arbitrator. A party may apply to the arbitrator to quash a subpoena issued by the Director of Human IPage 19 Resources. Any subpoena for records or documents shall not exceed the scope of discovery allowed by the arbitrator, and shall be served on the Department Director in constructive custody of such records or documents. Nothing herein shall prohibit the City from seeking common law relief in the state district court if the arbitrator exceeds his/her jurisdiction in regards to discovery. 3. In all hearings under this section, the City shall prove its case by a preponderance of the evidence. 4. The parties, in writing, may request discovery from each other concerning the case. Should the other party not agree to provide the requested information within seven (7) calendar days of the request. the request shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such discovery as appropriate to the nature of the case, subject to rules of discovery in Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within the seven (7) calendar days prior to the hearing. 5. All hearings shall be public unless requested by the appealing employee that the hearing shall be closed to the public. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. 6. Unless otherwise provided in this contract, the conduct of the hearing shall be governed by the rules of the American Arbitration Association. 7. No supervisor may represent any subordinate in disciplinary hearings held under this Article. The Association President, regardless of rank, or a designee who is not a supervisor is exempt from the provisions of this paragraph. I. The arbitrator shall have all powers vested in the Commission under Chapter 143 and the Commission Rules, with respect to suspensions, terminations, and demotions, except the power to amend such rules. J. Any notice or statement required to be filed by the Chief of Police or the employee in a disciplinary proceeding under Chapter 143, under Commission Rules, or under this contract, shall be filed with the Director of Human Resources of the City. K. The decision of the arbitrator is final and binding on all parties. A district court may hear an appeal of an arbitrator's award only on the grounds that the arbitrator was without jurisdiction or exceeded his/her jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. L. Unless otherwise provided in this contract, in cases of conflict, the provisions of this contract will control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules; and Chapter 143 and Civil Service Rules promulgated pursuant to IPage 20 it shall control over American Arbitration Association Rules or rules of other qualified agencies as mutually agreed upon for this purpose. M. A probationary employee may be discharged at the discretion of the Chief, without appeal to arbitration, to the Commission, or to any court, at any time during the three hundred and sixty- five (365) calendar -day period subsequent to being commissioned as a police officer. N. Notwithstanding any other provision of this Agreement, the Chief shall have authority to impose any disciplinary action upon an employee, which is agreed to in writing by the Chief and the employee. The employee shall have no right to appeal such agreed disciplinary action, and no administrative or judicial body shall have power to review such disciplinary action or alter the terms of the agreement. O. Any deadline or time restrictions set out in this contract with respect to disciplinary proceedings may be modified by written agreement of the parties. However, neither party may be compelled to waive its right to insist upon the deadline and time restrictions provided by the contract. P. In addition to disciplinary powers vested in the Police Chief, the following supervisors shall have the right to suspend for cause, said suspensions not to exceed the following limits. • Assistant Chiefs may suspend from thirty-one (31) work hours to a maximum of two hundred and forty (240) work hours without pay for any officer; • Police Commanders may suspend not to exceed twenty-four (24) work hours without pay for an officer assigned to work an eight (8) hour shift and thirty (30) work hours without pay for an officer assigned to work a ten (10) hour shift; and • Police Captains may suspend not to exceed sixteen (16) work hours without pay for an officer assigned to work an eight (8) hour shift and twenty (20) work hours without pay for an officer assigned to work a ten (10) hour shift; Such suspensions may be appealed within seven (7) calendar days to the Chief, and further appeal shall be to arbitration, according to the procedures for disciplinary actions by the Chief, except that no pre -suspension notice by the Chief shall be necessary, and the Chief may adopt the supervisor's letter as his/her own. If an Officer appeals his/her suspension to the Chief, then the issued suspension will not begin and the fourteen (14) calendar day deadline for requesting arbitration will not start running until the Chief makes his/her final written decision and notifies the officer in writing. Q. In cases of appeal from suspensions, indefinite suspensions, demotions, and promotional passovers the City and the aggrieved employee are encouraged to voluntarily attend a mediation to resolve issues raised by an appeal. The City and the aggrieved employee shall share equally the fees and expenses of the mediation and/or arbitration. Where the Association represents the employee, it shall share equally the arbitration fees and expenses with the City. All other costs of mediation and/or arbitration shall be borne by the party incurring those costs. IPage 21 If the City and the aggrieved employee agree to attend mediation prior to initiating the arbitration process, the mediation must occur within thirty (30) calendar days from the date the City and aggrieved employee agree to mediate, unless otherwise agreed upon in writing. Should the issues not be fully resolved by mediation, the fourteen (14) calendar day deadline for requesting arbitration will not start running until after mediation is conducted. If the City and the aggrieved employee agree to attend mediation after the arbitration process is initiated, the mediation shall occur within thirty (30) calendar days from the date the City and the aggrieved employee agree to mediate, unless otherwise agreed upon in writing. Any applicable deadlines for either side are abated until after mediation is conducted. R. All hearings which are expected to be completed in one (1) day shall be submitted for expedited arbitration. On all other hearings, the parties may agree to request expedited arbitration. S. To the extent that any provision of this Article conflicts with or changes Chapter 143 or any other civil service statute, the statute is so amended, as authorized by Chapter 174. T. Any officer temporarily suspended at the discretion of the Chief may be allowed to forfeit vacation leave, holidays, or compensatory time in lieu of suspension (which means that the officer forfeits leave but does not have days off, and continues to work his/her regular schedule); however, any officer temporarily suspended for a period of thirty (30) hours or less shall be allowed to forfeit vacation leave, holidays, personal leave or compensatory time in lieu of suspension (in like manner as above) if the officer agrees not to appeal the suspension. After twenty-four (24) months, the City agrees not to use such un -appealed disciplinary action in any future disciplinary case. U. Written reprimands may be issued by any supervisor to an officer without requiring prior notification. Copies of all written reprimands shall be given to the affected officer. The officer may reply in a letter of rebuttal within thirty (30) calendar days from receipt of the letter of reprimand, and such letter of rebuttal shall become a part of the officer's permanent civil service file. No written reprimand shall be placed in the file without the officer's knowledge. Letters of counseling shall become a part of an officer's departmental file. V. If the officer appeals a suspension of thirty (30) hours or less, the losing party shall pay all fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. W. To the extent that any provision conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. ARTICLE 8 - GRIEVANCE PROCEDURE A. Scope of Grievance Procedure. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. Only matters (Page 22 involving the interpretation, application, or enforcement of the terms of this agreement, shall constitute a grievance under the provisions of this grievance procedure, with the exception of Whistleblower claims. Any claim of adverse action based on Whistleblower status under Article 554, Government Code or federal law shall follow the process set forth in Section E. B. Association Representation. A grievance may be brought under this procedure by one (1) or more aggrieved employees to the Association or by the Association itself in cases where the subject of the grievance is an on-going practice by the City which affects the bargaining unit as a whole ("Class Action"). C. Time Limitations. The aggrieved employee or employees shall bring the grievance in writing to the Association within thirty (30) calendar days of its occurrence; or if at the time the aggrieved employee is unaware of the grievance, within thirty (30) calendar days of aggrieved employee's knowledge of its occurrence. The Association in a Class Action shall bring the grievance to the Chief of Police within thirty (30) calendar days of its occurrence; or if at the time the Association did not know or should have known of the grievance, within thirty (30) calendar days of the Association's knowledge of its occurrence. The time limits prescribed herein may be waived by mutual agreement, in writing, by the Association and the appropriate management representative at each step. D. Steps: Step 1. Association Review. The aggrieved employee shall submit his/her grievance in writing to the Association within thirty (30) calendar days as required in Section C. Any grievance not submitted to the Association within the prescribed time limit shall not be considered timely and shall be void. Within thirty (30) calendar days of receipt of the grievance, the Association shall determine whether the grievance is valid and notify the Chief of Police in writing pursuant to Step 2. The Association shall judge each grievance in a fair and equitable manner and shall not discriminate against employees who are not Association members. In its sole discretion, the Association shall determine whether the grievance is valid or not. The Association may modify, revise, or amend the grievance if necessary to properly place the dispute in issue for resolution. Only the Association has standing to initiate or pursue a grievance under the terms of this Agreement, after consideration of an alleged grievance by a bargaining unit member or the Association. Step 2. Chief of Police Review. If the grievance is approved by the Association, the Association shall pursue the grievance to Step 2 with the Chief of Police on the Grievance Form (Appendix "C"). The written grievance at this step and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which it is based; (2) how the facts result in a violation of the agreement; (3) the remedy or adjustment sought including a clear statement of the proper interpretation, application or enforcement of this agreement; and (4) the signature of the aggrieved employee. The Chief of Police shall respond in writing to this grievance within sixty (60) calendar days of its receipt. The written response at this step, and management responses at all steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the IPage 23 alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. The Chief of Police or designee shall hand -deliver a copy of the response to the Association. If the Chief of Police does not respond within sixty (60) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step. The aggrieved employee may not be represented by a member of the department who is in the aggrieved employee's chain of command. The Association with or without the consent of the aggrieved employee may withdraw the grievance at this step. Step 3. City Manager Review. The Association may submit a written grievance from Step 2 to the City Manager within thirty (30) calendar days of receiving the Chief of Police's written response. The City Manager shall respond in writing to this grievance within thirty (30) calendar days of its receipt. If the City Manager does not respond within thirty (30) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the City Manager to resolve the grievance in writing or to submit to arbitration at the conclusion of Step 3 shall be the conclusion of the grievance. Step 4. Arbitration. The Association may request, within thirty (30) calendar days of the denial at Step 3, that the grievance be submitted to arbitration. If arbitration is requested by the Association, the parties may mutually agree to use the Federal Mediation and Conciliation Service (FMCS), or any other person mutually agreeable to the parties. If the parties cannot mutually agree, a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators shall be requested from the American Arbitration Association (AAA). The Director of Human Resources, or designee, shall make contact with the service selected to request a list of qualified neutrals. Within seven (7) calendar days after receipt of the list, the Director of Human Resources or designee shall contact the President of the Association or his/her designee in order for the Association and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. The City and the Association shall alternate as to which party strikes first on each list. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from or modify, the provisions of this agreement in arriving at a decision on the issue or issues presented; and shall confine his/her decision solely to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not directly presented in the grievance. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the Association and the City. The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. Each party shall pay the subpoena fee of their own non -city employee witnesses. (Page 24 E. Whistleblower Claims. The submission shall state specifically each law, which is or was believed to have been violated and the factual basis for the claimant's belief that such a violation occurred. It shall further state each "appropriate law enforcement authority" to whom or which the violation has been reported. The grievance shall be filed at Step 2 (Chief of Police) and proceed through the steps in this process, provided however, that if the Chief is implicated in any of the reports the Chief shall not be included in the steps, other than Step 4, of the grievance process. In that instance, the City Manager shall designate the alternate step. ARTICLE 9 - HOURS OF WORK A. Workweek. The workweek shall consist of forty (40) hours per seven (7) day work cycle. "Regular rate" and "regular rate of pay" as used in this agreement means base pay and longevity only, in accordance with historical payroll practice, and does not have any statutorily derived meaning. A meal break may be taken during the shift scheduled in compliance with the rules and regulations of the department. Notwithstanding any other provision in this agreement, the City shall be entitled to implement and qualify for meal time credit under the provisions of Section 142.0015(i), Local Government Code and 29 C.F.R. 553.223 and 785.19. Any work required in holdover from a shift shall not be compensable unless it exceeds fifteen (15) minutes. Where fifteen (15) minutes is exceeded, all time worked in holdover from shift shall be paid at the overtime rate, calculated in fifteen (15) minute intervals. Any time in excess of any fifteen (15) minute interval shall be compensated to the next quarter hour. B. Overtime. Overtime shall be defined as authorized work performed in excess of the regular workweek. Where overtime occurs as a result of shift assignment change all employees excluding those serving at the rank of Police Commander or above may elect to be paid straight time for the time worked or an equal amount of compensatory time. Where the employee elects to be paid, calculation for pay shall be made during the pay period in which the overtime was accrued. Productive time for the purposes of calculating overtime in a workweek includes vacation leave, holidays, sick leave, and compensatory time, and any other authorized leave. Both parties believe that the pay and benefits under this agreement exceed the statutory minimums set by federal and state law for straight and overtime pay. In any enforcement action under federal or state law, the City shall be entitled to credit for all payments made under this contract which exceed the statutory pay obligations, including but not limited to the foregoing "productive time" provision, irrespective of the pay period or pay cycle when such occurred. The City shall also be entitled to the full extent of the partial exemption under 29 U.S.C. 207 (k) in any such enforcement action. Should any court rule or hold that the City is not entitled to the full credit provided herein, the City may reopen negotiations during the term of this contract to address any issue necessary as a result of such ruling, and the duty of each party to bargain under Chapter 174 shall apply. Except as provided below, all employees, excluding those serving at the rank of Police Commander or Assistant Police Chief, may elect to be compensated for overtime either in cash at the rate of one and one-half (1-1/2) times the employee's regular rate of pay, or in compensatory time equal to one and one-half (1-1/2) times the actual hours of overtime worked for all other overtime worked. Overtime worked for which the City will be reimbursed for overtime by Federal or State Grants that restrict compensation for such overtime to cash only will be compensated in cash only. In addition to the above, the City and Officers will recognize IPage 25 and comply with all limits placed on overtime by the Federal and/or State Grants. Officers shall be notified prior to accepting such an assignment that the payment for overtime shall be in cash only and not compensatory time. Scheduling of compensatory time shall be at the discretion of the Chief. Effective upon adoption of this Agreement, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed three hundred and sixty (360) hours at the employee's regular rate of pay. Effective August 1, 2011, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed four hundred and eighty (480) hours at the employee's regular rate of pay. Effective upon execution of this Agreement not more than three hundred and sixty (360) hours of compensatory time may be accrued. Effective August 1, 2011 not more than four hundred and eighty (480) hours of compensatory time may be accrued. Overtime at the rate of two (2) times the regular rate of pay will be paid for work performed on Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of one and one-half (1-1/2) times the regular rate of pay will be paid for work performed on any other holiday listed in Article 11. In an effort to minimize non -volunteer overtime for events scheduled ninety (90) calendar days or more in advance, the Chief will have posted sign-up sheets for voluntary overtime assignments thirty (30) calendar days prior to the event. Sign-up sheets will remain posted until two (2) workweeks prior to event. Based upon the sign-up list, non -voluntary overtime assignments will be made or rescheduling will be done by the City in order to provide the necessary on duty police services for the event. When ordered by the Chief to work during an emergency or assigned to some duty not normally attendant to their supervisory and management responsibility of their job assignment or division, Commanders shall be compensated at the rate of one and a half (1-1/2) times and may be compensated in cash or compensatory time, for those hours worked over and above the regular forty (40) hour workweek. C. Court Time and Call Back. 1. Employees while off duty that are called back to duty or subpoenaed to give testimony in court about events arising out of their employment shall be compensated at the rate of one and one-half (1-1/2) times the employee's regular rate of pay with the minimum compensation of three (3) hours. 2. Employees who are subpoenaed while on vacation to give testimony about events arising out of their employment shall be compensated during the first eight (8) hours of testimony for the employee's vacation time in that workweek as well as compensated for actual hours worked at the rate of one and one-half (1-1/2) times the employee's regular pay with a minimum compensation of two (2) hours. Compensation for subsequent Court testimony after the initial eight (8) hours shall be at the rate of the employee's regular pay. 3. Employees who are called back to duty while on vacation shall be compensated for the employee's vacation time in that workweek as well as pay with a minimum compensation of IPage 26 two (2) hours, except that where an emergency exists, the employee's vacation may be canceled by the Chief, whereupon said employee shall be paid at his/her regular rate of pay. 4. The Association and the City shall work together in the Labor -Management Relations Committee in an effort to minimize unnecessary standby time. 5. Restricted on-call compensation. Off-duty employees who are ordered by the Chief to be on restricted on-call duty shall be compensated at a rate of $1.00 per hour while assigned to such on-call duty. On-call duty restrictions shall be determined by departmental policy. D. Deferred Compensation for Overtime. The City shall establish a policy under which officers who participate in a deferred compensation plan which has been approved by the City shall be eligible to defer all accrued overtime in increments of one (1) hour or more into their deferred compensation plan. The policy shall require prior designation by the employee of the election to participate for a period of at least six (6) months. All overtime deferred under such policy shall be deposited directly to the officer's account in such deferred compensation plan. The City may require that the employee release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the employee to defer overtime compensation under this provision. ARTICLE 10 — SALARY AND BENEFITS A. Monthly Salary Schedule 1. The basic ranks and classifications within the City of Corpus Christi Police Department shall be established by the City by ordinance pursuant to Texas Local Government Code Section 143.021 and its management rights. 2. The Parties agree that the applicable monthly pay rates for the current Police Officer basic ranks and steps within the Department will continue at their respective current rates from the date this Agreement is ratified and executed until October 1, 2017. 3. Effective October 1, 2017, the monthly pay rates for the basic ranks and steps within the Department will be as follows which includes a two percent (2%) increase for Fiscal Year 2017-2018 and a two percent (2%) increase for Fiscal Year 2018-2019: Effective October 1, 2017 (2%) Class Code Class Title Starting 6 -mo 18 -mo 30 -mo 42 -mo 60 -mo m20o P08 Trainee 3,687 P07 Police Officer 4,282 4,496 4,730 4,980 5,238 P06 Senior Officer 5,493 5,759 6,048 6,350 IPage 27 P05 Lieutenant 6,510 6,673 6,838 7,013 7,364 Class Class Starting 6 -mo 18 -mo 30 -mo 42 -mo Code Title Starting 9 -mo 18 -mo 36 -mo 60 -mo PO4 Captain 7,511 7,661 7,744 7,857 7,939 Effective October 1, 2018 (2%) Class Code Class Title Starting 6 -mo 18 -mo 30 -mo 42 -mo 60 -mo 0- mo P08 Trainee 3,761 36 -mo 60 -mo PO4 Captain 7,662 7,814 P07 Police Officer 4,368 4,586 4,824 5,079 5,342 P06 Senior Officer 5,603 5,874 6,169 6,476 P05 Lieutenant 6,640 6,806 6,975 7,153 7,511 Class Code Class Title Starting 9 -mo 18 -mo 36 -mo 60 -mo PO4 Captain 7,662 7,814 7,899 8,014 8,097 Qualifications: 1. Senior Officer. To qualify for a pay step at sixty (60) months of service as a Senior Officer, each Senior Officer must possess and Advanced Certificate from TCOLE or a bachelor's degree from an accredited college or university. To qualify for a pay step at one hundred and twenty (120) months of service as a Senior Officer, each Senior Officer must possess either a Master Peace Officers Certificate from TCOLE or a bachelor's degree from an accredited college or university. 2. Lieutenant. To qualify for a pay step at sixty (60) months of service as a Lieutenant, each Lieutenant must possess a Master Peace Officer's Certificate from TCOLE or bachelor's degree from an accredited college or university. To qualify for a pay step at one hundred and twenty (120) months of service as a Lieutenant, each Lieutenant must possess a bachelor's degree from an accredited college or university. If a Senior Officer is promoted to Lieutenant, the employee shall be placed in the pay step that gives the employee an increase in pay. Current page 28 Lieutenants who have one hundred and eighty (180) months of service or more as a Lieutenant at the date of execution of this agreement shall be entitled to this step without a bachelor's degree, but this provision shall not apply to any person without a bachelor's degree thereafter. To the extent that any provision of this article conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas Local Government Code. B. Health Insurance and Life Premiums 1. Health Care Plan: The City shall provide health care coverage for Police Officers and their dependents. The plan(s) will be called Public Safety Citicare. The City shall pay one hundred percent (100%) of the employee's premium and fifty percent (50%) of the premium for dependent coverage towards the Public Safety Citicare Plan. Premium rates shall be determined using the agreed methodology described in this Agreement. In the event alternate plans are introduced in the future, the dollar amount of City Contribution will always be based upon the outcome of this provision toward all plans and employee tiers of coverage unless otherwise agreed upon by the Association. The City agrees to provide the Association and/or its consultant(s) information used by the City to determine premiums (with the exception of information subject to privacy limitations under the state or federal law, including HIPPAA, unless proper agreements or authorizations have been executed). The City will notify the Association, in advance, of any Employee Insurance Advisory Committee meetings. The Association will be allowed to have representation on the Employee Insurance Advisory Committee, and on any committees formed to evaluate proposals in response to Requests for Proposals related to negotiated benefits of the bargaining unit. The City shall notify the Association in writing of premium increases with a minimum of sixty (60) calendar days' notice of any change, and of health plan changes with a minimum of thirty (30) calendar days' notice of any change. The City retains the right to negotiate with insurance carriers, third party administrators and their related sub -contractors and/or medical providers to provide insurance coverage or administration of the Public Safety Citicare Plan(s). The benefits in the plan that will be negotiated will be hospitalization deductibles, maximum out of pocket amounts, co -pays and co-insurance percentages. Participating Provider Service Areas shall always include the following areas: Corpus Christi and the surrounding area, South Texas, Dallas/ Ft Worth, Houston, San Antonio/Laredo and Austin. Out of Network is the use of any hospital, physician or other health care facility or professional that has not signed an agreement with the City's preferred provider network. IPage 29 In the event a covered member does not live or work in an area with in -network providers, and in cases of emergency care, services provided outside the participating provider service areas will be provided at the in -network level of benefits. The City will fulfill its obligations to conduct a bi-annual actuarial study of the GASB liability and adjust the cumulative recorded OPEB liability accordingly. Plan changes mandated by federal health care legislation will be implemented as required. The Association will be notified of such changes. The following components will be used to calculate the premiums for active employees and retirees under age 65: 1. Third Party Administrator (TPA) administrative fees 2. Stop loss premiums 3. Incurred and paid medical and prescription drug claims (after stop loss adjustments, rebates, subrogation recoveries, coordination of benefits recoveries) of all plan participants (active employees, retirees, and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time period ending seven (7) months prior of effective date of such rate and benefit changes. The resulting net claim factors will be converted to a twelve (12) month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. 4. A prorated contribution toward the cost of an onsite primary care clinic (the percentage of members covered under the Public Safety Plans divided by the total covered members under the City's health plans who are eligible to use the clinic times the estimated annual cost of the clinic). 5. Incurred But Not Reported (IBNR) claims, as actuarially determined 6. The net change in forecasted and prior period catastrophic reserve funding (10% of actuarial projected claims expense). 7. Assumptions for inflation and trend components used to estimate future claims will incorporate prevailing plan specific, regional, and national trends, as well as the anticipated impact of any mandated benefits, and any other factor(s) determined to impact the overall trend. Actuarial and consulting input from both parties will agree upon the factor(s) applied in accordance with professional, ethical and generally accepted practices. If agreement is not reached, within two (2) weeks after the actuary report is provided to the Association, the City will implement the recommendation (Page 30 of its Actuary. The City must notify the Association in writing of its intent to implement its actuarial recommendation. The Association has seven (7) calendar days from receipt of that notice to appeal in writing to the City Manager and request the dispute resolution process as outlined below. Each party's actuary shall mutually agree within seven (7) calendar days upon a third neutral actuary. The parties shall submit position papers within fourteen (14) calendar days from the date of his/her selection. A decision in writing by the neutral actuary as to the factors applied to determine the contribution requirements for active employees and retirees under age 65 shall be delivered to the parties within seven (7) calendar days and shall be binding on all parties. Each party shall pay the total fees and expenses of their own actuary and each shall pay half of the fees and expenses of the neutral actuary. 8. The cumulative net fund balance. • The initial fund balance to be used for the first measurement period will be the actual Public Safety Fund Balance, but not be less than $4,000,588.22 Net fund balances (the difference between the total fund balance and the OPEB liability) for the plan will carry forward throughout this Agreement. The balance allocated for OPEB liability on July 31, 2009 is agreed to be $2,152,317.00. • In the event that the net fund balance becomes less than thirty percent (30%) of the forecasted plan expenses (excluding the amount allocated to IBNR and catastrophic reserves) the Association and the City will take action through either plan design changes or funding amounts to maintain a minimum fund balance of thirty percent (30%) of the forecasted plan expenses (excluding the amount allocated to IBNR and catastrophic reserves). The City and the Association will not be obligated to agree but reserve the right to agree to an increase in the funding or a change in benefits if the minimum fund balance is projected to be higher than 30% of the forecasted plan expenses (excluding the amount allocated to IBNR and catastrophic reserves) in order to mitigate future changes to the plan. a. The plan shall be structured as follows: PUBLIC SAFETY CITICARE BENEFITS IN NETWORK (Participating Providers) OUT OF NETWORK PLAN YEAR DEDUCTIBLE No Plan Year Deductible $200 Per Individual $500 Max. Family PHYSICIAN SERVICES (Page 31 In -Patient Out -Patient Emergency Room $15 Co -Pay 70/30% Coinsurance Lab Work Physician's Office Lab Facilities Hospitals $10 Co -Pay 70/30% Coinsurance X-RAYS Physician's Office X -Ray Facilities $10 Co -Pay $15 Co -Pay 70/30% Coinsurance Emergency Room Services $50 Co -Pay Then 80/20% Coinsurance 70/30% Coinsurance Hospitalization In -Patient $200 Per Individual $600 Max Family Deductible Then 85/15% Coinsurance 70/30% Coinsurance Hospitalization Out -Patient $100 Deductible Per Individual $250 Max. Family Deductible Then 85/15% Coinsurance 70/30% Coinsurance Retail Prescriptions Co -Pays: $0 Generic $20 Preferred Brand $40 Non -Preferred Brand No Deductible 70/30% Coinsurance Prescriptions Mandatory Mail Order 90day and Maintenance Prescriptions Co -Pays: $0 Generic $20 Preferred Brand $40 Non -Preferred Brand No Deductible 70/30% Coinsurance Out -Of -Pocket Cost Excluding Co -Pays & Deductibles $500 Per Individual $1,250 Max. Family $700 Per Individual $1,750 Max. Family Lifetime maximum Benefit = $2,000,000, unless otherwise required by law. b. Public Safety Citicare CDHP (Consumer Driven Health Plan) with Health Savings Account This plan will be offered concurrently with the plan described in section b, with employees having the option to participate in either plan. Election of the Public Safety Citicare CDHP with HSA can only be made at the time of hire or during the open enrollment period. IPage 32 The plan design will be: BENEFITS IN NETWORK (Participating Providers) OUT OF NETWORK PLAN YEAR DEDUCTIBLE (Embedded) $2,600 Per Individual $5,200 Per Family $3,500 Per Individual $7,000 Max. Family PHYSICIAN SERVICES In -Patient Out -Patient Emergency Room Subject to deductible and then 100% coverage 70/30% Coinsurance Lab Work Physician's Office Lab Facilities Hospitals Subject to deductible and then 100% coverage 70/30% Coinsurance X-RAYS Physician's Office X -Ray Facilities Subject to deductible and then 100% coverage 70/30% Coinsurance Emergency Room Services Subject to deductible and then 100% coverage 70/30% Coinsurance Hospitalization (In -Patient) Subject to deductible and then 100% coverage 70/30% Coinsurance Hospitalization (Out -Patient) Subject to deductible and then 100% coverage 70/30% Coinsurance Retail Prescriptions Co -Pays (will only apply to eligible preventive care drugs, all other drugs are subject to the deductible): $0 Generic $20 Preferred Brand $40 Non -Preferred Brand 70/30% Coinsurance Mandatory Mail Order (90day and Maintenance) Co -Pays (will only apply to eligible preventive care drugs, all other drugs are subject to the deductible): $0 Generic $20 Preferred Brand $40 Non -Preferred Brand 70/30% Coinsurance IPage 33 Out -Of -Pocket Cost $0 Per Individual $2,000 Per Individual (Excluding Co -Pays & $0 Max Family $4,000 Max Family Deductibles) Lifetime Maximum Benefit = $2,000,000 unless otherwise required by law. All in -network co -pays count toward the annual (embedded) deductibles. Eligible in -network preventive drug expenses are not subject to the deductible. The City will contribute no less than $75 per month into an HSA account for each eligible employee participating in the CDHP Plan. The CDHP Plan will price overall funding contributions at a factor of 0.77 times the funding rates for the Public Safety Citicare Plan. Following the first plan year anniversary after the implementation of the CDHP Plan, the actual amount of the City's contribution into the HSA account will be 0.75 times the difference between the Public Safety Citicare Plan total employee only rate and the rate and the rate charged for the Public Safety CDHP Plan (HSA). In the event that the CDHP Plan benefits or rates are adjusted any revisions to the benefits will be incorporated into the pricing differential between the CDHP and the offered Public Safety Citicare Plan and the contributions made toward the HSA account will continue as described in this Agreement. As a health plan expense, funds for the HSA contribution will be allocated to the health plan fund, as all other related contributions, and then disbursed to individual HSA accounts. c. Provisions Applying to All Offered Plans as of January 1, 2011 HPV vaccinations up to age 25 will be covered at one hundred percent (100%) up to a $500 annual maximum benefit and not subject to any co -pay or cost sharing provision. The routine mammography benefit will have a per procedure maximum benefit of $150 not subject to any co -pay or cost sharing provision. Benefits for Hospice Care, both facility and home based care, will be covered as any other illness, maximum of ninety (90) days coverage per lifetime. Benefits for Home Health Care and Skilled Nursing Facility Care will_be covered as any other illness, maximum of ninety (90) days coverage per plan year. d. Compliance with Federal and State Laws If the City believes that state or federal laws require a plan change in order to avoid penalties and excise taxes, to satisfy the statutory and legal coverage and benefit requirements and to preserve the flexibility to make needed changes to comply with the federal and state laws, including but not limited to the Affordable Care Act's complex and evolving requirements, the City shall notify the Association in writing of its desire to make such plan changes. The parties shall meet and confer in good faith for a period of thirty (30) calendar days to try and come to a mutual agreement regarding the City's proposed changes to the Public Safety Citicare Health Insurance Plan or whatever health care plan is in place for Public Safety. If the parties are unable to reach IPage 34 an agreement within thirty (30) calendar day period, then the parties mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. The retained expert will be authorized to effect only those changes to the Plan which are minimally necessary to ensure that the City and the Public Safety Health Insurance Plan are not subject to any penalties and excise taxes and to ensure that the Plan complies with any Federal and State Laws. e. Affordable Care Act Cadillac Tax and Health Care Plan Transition If the Affordable Care Act is still in effect on April 1, 2017 and the City is subject any excise taxes, penalties or liabilities, commonly referred to as the "Cadillac Tax," for Public Safety Citicare Health Insurance Plan or whatever health care plan is in place for Public Safety at the time, the parties shall meet and confer beginning May 1, 2017 for a period of thirty (30) calendar days and discuss in good faith any excise taxes, penalties or liabilities that are to be levied against the City by the ACA and how to modify the Public Safety Citicare Health Insurance Plan so that the City is not subject to the Cadillac tax. The parties will mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. If no resolution is arrived at after the meet and confer period, the retained expert is authorized to effect only those changes to the Plan which are minimally necessary to ensure the City and the Public Safety Citicare Health Insurance Plan are not subject to the Cadillac Tax and any other excise taxes, penalties or liabilities under the ACA. In no event will the City pay any taxes or penalties as a result of the Public Safety Citicare Health Insurance Plan. 2. Retiree Health Insurance Coverage. Employees who retire under the conditions of regular TMRS retirement, and their participating dependents, covered on the last day of employment, shall be eligible to continue participation in the City's group health insurance program at monthly premiums subject to periodic changes in rates as required. The total cost of such continued coverage shall be paid entirely by the retiree and/or spouse. The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Coverage shall remain in force for the retiree while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the Public Safety Citicare Plan will cease. While the retiree remains in the City's group health insurance program or fully insured plan offerings for Medicare eligible retirees coverage shall remain in force for the retiree's spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the Public Safety Citicare Plan shall cease. Coverage shall remain in force for the retiree's participating dependent children while paid until they become ineligible as defined in the plan at which time coverage in the Public Safety Citicare Plan shall cease. Medicare eligible retirees and Medicare eligible dependents will be eligible to participate in the City's fully insured plan offerings for Medicare eligible retirees. 3. Association Supplemental Insurance Programs. The Association may select and change any group supplemental insurance coverage for officers and/or dependents in which plan officers may opt to participate. The City will provide payroll deduction for any officer participating who authorizes same to cover any additional amount of premium for such participation. The Association shall give the City at least thirty (30) calendar days advanced written notice of any change in the plan, eligible participants, or the amount of premiums. The IPage 35 City will contribute $47.00 per month, per officer, for any officer opting to participate in any selected plan. The City shall contribute an additional $15.00 per month, per officer, with dependents toward any selected plan for such officers provided that a minimum of seventy-five percent (75%) of officers with dependent(s) opt to participate. Any administration fee surplus account may be used by the Association in any manner prescribed by its Executive Board of Directors. 4. Life Insurance. The City shall provide basic life insurance coverage for each police officer, to include Lieutenants, equal to that employee's annual base salary. Captains, Commanders and Assistant Chiefs shall be provided basic life insurance coverage equal to their annual base salary or $50,000.00 whichever is greater. C. Field Training Officer Pay. Field Training Officer pay of $200 per month shall be granted in addition to regular pay to all officers for extraordinary, specific duties of training and evaluating recruit officers. D. Education Incentive Pay. 1. No probationary employee will be eligible for educational incentive pay until after he/she has successfully passed his/her probationary period. Specific hours obtained through participation in the Police Academy will be considered applicable toward educational incentive pay only after successful completion of at least one other academic course in the related field on the employee's own time. 2. Educational Incentive Pay will be $1.00 per month for each semester hour satisfactorily completed provided that such hours are applicable toward a degree. Also the following monetary caps will apply: no more than $71.00 per month will be paid without successful completion of the requirements and receipt of the Associate degree; if the employee is attending a four-year college, he may meet this requirement by filing a copy of his/her certified degree plan with the Director of Human Resources, noting his/her expressed intent to obtain a Bachelor's Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $49.00 per month or a combined total of $120.00 per month. Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the employee for $125.00 per month. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's Degree will qualify the employee for $155.00 per month. E. Clothing and Equipment. 1. The City shall pay one hundred percent (100%) of the cost to provide every uniformed employee with all required initial clothing items and equipment, excluding shoes. IPage 36 Thereafter the City shall replace or repair all said required clothing items and equipment, which are lost or damaged on the basis of one hundred percent (100%) excluding shoes. A clothing allowance of $900.00 per year shall be paid to all Officers who are required by order of the Chief to wear civilian clothing during their regular work assignment. Employees shall receive the clothing allowance in a separate payment. Such payments will be made no later than within first full month after the beginning of the fiscal year, or when assigned. The parties agree that the allowances provided herein reasonably approximate the amount of the expenses incurred periodically by the officers. Officers transferred to or from a division receiving clothing allowance will not be eligible to receive more than a combined total of nine hundred dollars ($900.00) in patrol pay and clothing allowance for any fiscal year. 2. A uniform cleaning allowance of $60 per month shall be provided to each officer of the department for the purpose of uniform and clothing cleaning and maintenance. F. Pensions. The City will enroll employees in the Texas Municipal Retirement System and provide the following benefits under the plan: 1. Employee Deposit Rate of 6% 2. Municipal Current Matching Ratio of 2 to 1 3. Updated Service Credits 4. Annuity Increase 70% of CPI 5. Military Service Credit 6. Vesting Requirement 5 years 7. Service Retirement Eligibility 5 years at age 60, 20 years at Any Age 8. Restricted Prior Service Credit Effective January 1, 2019 the City will enroll employees in the Texas Municipal Retirement System and provide the following benefits under the plan: 1. Employee Deposit Rate of 7% 2. Municipal Current Matching Ratio of 2 to 1 3. Updated Service Credits 4. Annuity Increase 70% of CPI 5. Military Service Credit 6. Vesting Requirement 5 years 7. Service Retirement Eligibility 5 years at age 60, 20 years at Any Age 8. Restricted Prior Service Credit G. Deferred Compensation Plan. Officers may participate in the deferred compensation plan, adopted by the City Council on December 8, 2009. The City will notify the Association, in advance, of any Deferred Compensation Plan Committee meetings. The Association will be allowed to have representation on the Deferred IPage 37 Compensation Plan Committee, and on any committees formed to evaluate proposals in response to Requests for Proposals related to the deferred compensation plan. The City and the Association agree that the deferred compensation plan selected by the Corpus Christi Police Officers' Association and offered through VALIC (The Variable Life Insurance Company) will be closed to new participants effective upon the execution of this Agreement. H. Classifications Compensated Under the City's Classification and Compensation Plan. The positions of Assistant Police Chief and Police Commander shall be compensated at salary levels set forth within the City's Classification and Compensation Plan consistent with the provisions provided under City's Personnel Ordinance. Individual salary increases based on merit, performance or other, as authorized by compensation ordinance shall be permitted for these classifications, Chapter 143 notwithstanding. As to Assistant Chiefs and Commanders, all officers in the same classification are not entitled to the same base salary; this provision specifically supersedes Section 143.041. I. Termination Pay. Upon termination, sick leave shall be paid to police officers according to the following schedule: (a) Less than 4 full years of service: zero hours (b) 4 full years of service: not more than 240 -hours (c) 5 full years of service: not more than 320 -hours (d) 6 full years of service: not more than 400 -hours (e) 7 full years of service: not more than 480 -hours (f) 8 full years of service: not more than 560 -hours (g) 9 full years of service: not more than 640 -hours (h) 10 or more full years of service: not more than 720 -hours (i) 20 or more full years of service: not more than 960 -hours (j) 25 or more full years of service: not more than 1,440 -hours 1. Effective upon execution of the Agreement, the first seven hundred and twenty (720) hours of such sick leave credit shall be paid at the rate of pay determined in accordance with the statutory calculation under Section 143.045. The remaining balance, if any, shall be paid at the rate of pay including only base pay plus longevity. 2. Effective upon adoption of this Agreement, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed three hundred and sixty (360) hours at the employee's regular rate of pay. Effective August 1, 2011, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed four hundred and eighty (480) hours at the employee's regular rate of pay. J. Longevity Pay. Longevity pay shall be $6.00 per month for each complete year of service up to a maximum of ten (10) years of service. Thereafter, for each additional year of service, longevity pay shall be $4.00 per month for each year up to a maximum of twenty-five (25) years of service. (Page 38 K. Bomb Squad Pay. Employees assigned to the bomb squad shall receive extra pay for such hazardous duty in the amount of $75.00 per month. L. Breathalyzer Certification Pay. All employees currently certified as Breathalyzer operators shall receive extra pay in the amount of $30.00 per month. M. Weekend Pay. Each officer who reports to work for a shift, which commences, between 10:00 p.m. on Friday and 9:59 p.m. on Saturday shall receive $50.00 per month; each officer who reports to work for a shift which commences between 10:00 p.m. on Saturday and 9:59 p.m. on Sunday shall receive $50.00 per month. N. Shift Differential Pay. Each officer who reports to work for his/her regularly scheduled shift which ends between 6:00 p.m. and 12:00 Midnight shall receive $50.00 per month; each officer who reports to work for his/her regularly scheduled shift which ends between 12:01 a.m. and 8:00 a.m. shall receive $75.00 per month. O. Shift Changes. If, as the result of a change in shift or assignment, any officer loses Weekend and/or Shift Differential Pay, which he was receiving prior to such change, the loss of such additional pay shall not be grievable under the grievance procedure established in this contract. P. Dog Handler Pay. Any Officer who is charged with the responsibility for and is assigned a dog by the Corpus Christi Police Department to be used in law enforcement functions shall be compensated at the rate of $170.00 per month and one (1) hour of overtime pay on days off, including vacation time, sick leave, compensatory time and personal leave. The parties agree that an accurate computation of hours of work caring for a police dog is difficult or impossible to determine and that the compensation provided herein is a fair and reasonable agreement considering all pertinent facts and circumstances. If a police dog is retired (taken out of service by the city) the Chief of Police shall award the police dog to the officer if the officer so desires. The City shall have no further obligation for the care, maintenance and support of the police dog. Q. SWAT Team Pay. Any Officer who is selected and serves as a member of the Special Weapons and Tactics Team (SWAT) for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. R. Hostage Negotiation Team Pay. Any Officer who is selected and serves as a member of the Hostage Negotiation Team for the Corpus Christi Police Department shall be compensated at the rate of $50.00 per month. S. Dive Team. Any officer who is selected and serves as a member of the Dive Team for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. T. Badges. Upon retirement the employee shall be permitted to keep their badge at no cost to the employee. Upon promotion the employee shall be permitted to keep any badge they have purchased. IPage 39 U. Patrol Pay. Each officer, regardless of rank who has not been designated by the Chief to receive a clothing allowance will receive a lump sum payment of $504.00. Such payments will be made no later than within the first full month after the beginning of the fiscal year. Officers transferred to or from a division receiving clothing allowance will not be eligible to receive more than a combined total of $900.00 in patrol pay and clothing allowance for any fiscal year. ARTICLE 11 - LEAVE A. Holidays 1. Each employee shall receive the following seven (7) holidays during each fiscal year: New Year's Day Thanksgiving Day Memorial Day Christmas Day Fourth of July One holiday to be determined by City Labor Day 2. Holiday time shall be added to vacation time. 3. The Chief may determine whether holidays are taken on the calendar date or the City designated holiday date, taking into consideration the assignments and work schedules of the various divisions. Unless otherwise specified by the Chief, each of the listed holidays shall be observed on the calendar day on which it falls. 4. Any employee who for any reason is absent without pay on a workday immediately preceding or following a holiday or on the holiday shall not be paid for the holiday unless worked, in which case he shall be paid only at his/her regular rate of pay. 5. Police officers shall be credited with eight (8) hours if employee is assigned to an eight (8) hour shift or ten (10) hours if employee is assigned to a ten (10) hour shift for holiday leave with pay for each of the above holidays during the period of the calendar year the officer worked. B. Vacations. 1. Police officers shall be entitled to one hundred and twenty (120) hours vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning their sixteenth (16th) year of continuous service shall begin to accrue one hundred and forty (144) hours of vacation a year which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning their twenty-first (21st) year of continuous service shall begin to accrue one hundred and sixty-eight (168) hours of vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning twenty-sixth (26th) year of continuous service shall begin to accrue two hundred (200) hours of vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. After thirty (30) years of continuous service, police officers shall accrue two hundred and forty (240) hours a year, which shall accrue on the basis of twenty-six IPage 40 (26) biweekly pay periods a year. For police officers scheduled to work forty (40) hours a week, eight (8) working hours per day shall be counted as used for vacation purposes. 2. When the City schedules vacations, employees shall be given preference as to vacation selection on the basis of seniority by work unit to the extent that such scheduling will not interfere with City operations. Work units shall be defined by the City. 3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid in excess of four hundred and eighty (480) hours. All employees hired on or before October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid for accrued hours in excess of a cap of seven hundred and twenty (720) hours plus an amount equal to the accrued hours the employee had on the books as of October 16, 1998. The City shall notify each employee as to what their accrued vacation leave bank was as of October 16, 1998. (For example, a current employee had five hundred (500) hours of accrued leave on the books as of October 16, 1998. Upon retirement, resignation or termination the employee had one thousand eight hundred (1800) hours of accrued leave. The City shall pay the employee for one thousand two hundred and twenty (1,220) hours - includes the seven hundred and twenty (720) hour cap plus the five hundred (500) hours for that employee as established on October 16, 1998. If upon retirement, resignation or termination, the employee had six hundred and fifty (650) hours of accrued leave, the City shall pay the employee only for six hundred and fifty (650) hours. C. Personal Leave. Employees are entitled to forty (40) hours of personal leave. Personal leave is not accruable and will be lost if not used within the particular FY received. D. Military Leave. Any permanent employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of one hundred and twenty (120) hours in any one (1) calendar year. Any permanent employee who leaves his/her position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall, if discharged, separated or released from such active military service under honorable conditions be restored to employment in accordance with the terms of the Uniformed Services Employment and Reemployment Rights Act (USERRA). In order to qualify for re-employment, the employee must comply with the requirements of USERRA. The Civil Service Commission shall adopt a promotional process in compliance with state and federal law for eligible officers on active duty military assignment. IPage 41 Effective with the signing of this agreement officers who were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out by USERRA when a department promotional exam was offered, who did not take the exam, may take the next available promotional exam given for the rank for which they are currently eligible. If the officer's score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the officer must be promoted to the next available vacancy in that rank. Seniority in rank will be established as of the date the officer would have been promoted, as if he or she had not been on active military service. The officer will also receive a lump sum payment in the amount of the difference between the pay actually received and the promotional rank pay for the period of time since the officer returned to the Police Department from active duty. This provision is intended to comply with requirements of USERRA, and to supersede the terms of Section 143.032(b) of the Texas Local Government Code. This Agreement does not prevent the City from taking steps to comply with USERRA under unique or special circumstances. E. Special Leave. 1. In addition to leaves authorized above, the Chief may authorize an employee to be absent without pay for personal reasons for periods not to exceed two hundred and forty (240) hours. Leaves without pay in excess of two hundred and forty (240) hours and not exceeding three hundred and sixty-five (365) days shall require approval of the City Manager. 2. The City Manager may authorize special leaves of absence with pay for any period or periods not to exceed three hundred and sixty-five (365 -days for the following purposes: Attendance at college, university, or business school for the purpose of training in subjects relating to the work of the employee and which will benefit the employee and the City service, serving on a jury or attending a court as a witness; and for purposes other than the above that are deemed beneficial to the City service. 3. The City Council, upon the recommendation of the City Manager, may grant leaves of absence with or without pay in excess of the limitations above for the purposes of attending extended courses of training at a recognized university or college and for other purposes that are deemed beneficial to the City service. F. Line of Duty Injury or Illness. No sick leave shall be charged for an injury or illness sustained in the line of duty. Employees shall be paid injury leave in an amount not to exceed their regular salary as provided by the state law for injuries occurring while in the course of employment. The use of accrued sick leave may be granted to any officer at the discretion of the Chief for job related illnesses or injuries after injury leave have been exhausted. Line of duty illness shall be defined as an illness, which has been directly and substantially caused by the duties of the position. In the event the Chief denies a request pursuant to this section, the officer may appeal such denial in writing within fourteen (14) calendar days to the City Manager. The City Manager shall render a decision on the appeal in writing within fourteen (14) calendar days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. IPage 42 G. Administrative Leave. Assistant Chiefs and Commanders may receive administrative leave time for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief, subject to scheduling and manpower contingencies that may arise. Said administrative leave time shall, in no event, exceed that amount of time that Assistant Chiefs and Commanders have accumulated in excess of their regularly scheduled work. H. Leave Buy -Back. On August 1 of each year an employee may elect to sell back to the City two (2) hours of vacation leave for every hour of vacation leave used during the following twelve (12) month period not to exceed eighty (80) hours per fiscal year. Selling vacation leave hours to the City under this provision shall be in lieu of any other option to vacation days under this Agreement or any other City policy or practice. The City shall distribute funds in cash or as contribution to deferred compensation or as otherwise directed by the employee. Any costs incurred for the transfer of funds for distributions other than direct payment to the employee shall be the responsibility of the employee. I. Sick Leave Pool. Each police officer shall accumulate one hundred and twenty (120) hours of sick leave with pay per calendar year. The sick leave pool will have a maximum balance of eight thousand (8,000) hours. When the total number of sick leave pool hours drop below three thousand two hundred (3,200) hours, eight (8) hours of sick leave with pay for each officer shall become part of the sick leave pool, until the pool reaches its eight thousand (8,000) hour limit, and any remaining hours shall continue to be credited to the individual officer. If an employee does not have eight (8) hours of accrued sick leave, the employee shall be debited eight (8) hours from compensatory time or vacation leave days, in that order. Upon completion of probation, each officer shall have eight (8) hours of sick leave credited to the pool. No officer shall be eligible to draw sick leave pool hours until eight (8) hours of his/her sick leave hours is credited to the pool. The following requirements determine when sick leave pool hours may be drawn: 1. Officers with four (4) years or less service may use pool hours after one hundred twenty (120) hours of continuous non job related illness or injury. The first one hundred twenty (120) hours shall be charged to the officer's accumulated sick leave or vacation leave or, if personal sick leave has been exhausted, to dock time. 2. All other officers may use pool hours after one hundred sixty (160) hours of continuous non job related illness or injury. Provided, however, in addition, before being entitled to use hours, such an officer must first use all his/her accumulated personal sick leave in excess of the amount payable upon termination. 3. No officer shall be permitted to use more than one thousand four hundred and forty (1,440) pool hours for a single illness or injury. 4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 11 (Section F) of this Agreement relating to "Line of Duty Injury or Illness." IPage 43 5. The number of hours in the pool shall be solely for the benefit of officers with non job related injuries or physical or mental illnesses (including alcohol or drug related problems) identified by a licensed medical physician that prohibits the officer from returning to full time, part time or light duty employment, and such hours shall not revert to the accumulated sick leave of individual employees. 6. Pool time may only be used for an illness or injury which is an Officer's non job related injury or physical or mental illness (including alcohol and drug related problems), identified by a licensed medical physician that prohibits the officer from returning to full time, part time or light duty employment. Incapacities due to elective procedures are not eligible under this program; however, complications that develop as a result of the elective procedure(s) may be considered eligible. 7. Requests for hours from the pool should be submitted when the need for assistance is determined. Hours will not be granted on a retroactive basis. 8. Requests for hours from the pool must: a. Be accompanied by a statement from a licensed practitioner that gives the diagnosis, prognosis, and anticipated return to work date of the Officer. b. Include a copy of the most current time and leave records information that reflects leave balances as of the Officer's last day physically on duty and the date the required use of personal sick leave, as defined in this section, will be or was exhausted. c. Be submitted on the "Request for Sick leave Pool Hours" form. 9. The Chief of Police, or designee, shall facilitate a committee review of all requests for hours from the pool. The committee shall include the Chief of Police or designee, the Commander of the Department's Office of Accountability or designee, and the Association President or designee. The decision of the committee will be final and can not be grieved. The Chief of Police or designee will provide written notification to the employee of the award or denial of pool hours by the committee. a. The committee will determine the amount of pool hours to be granted for the request, based upon the information provided by the Officer. The committee will deny requests for which the data provided is insufficient and/or does not meet the requirements of this section. b. The Chief of Police, or designee, may reconvene the committee for further consideration should evidence become available that would have affected the outcome of the committee's decision. 10. If pool hours are used intermittently and an employee accrues vacation and sick leave prior to all granted pool hours being used, the Officer must use accrued leave prior to IPage 44 resuming use of pool hours. Hours granted under this program do not extend or increase time limits provided under any other policy (i.e. Limited Duty & Reasonable Accommodation, Family and Medical Leave Act, etc.) 11. Officers leaving employment with the City are not entitled to payment of unused pool hours. Additionally, the estate of a deceased Officer is not entitled to payment of unused hours. 12. Documentation provided in association with a request for hours from the pool will be maintained in a confidential manner, as allowed by law. J. Other Leave Time Policies. The City shall maintain all other leave time policies affecting police officers currently in effect and not otherwise altered by provisions of this contract. K. Bereavement Leave. Upon the employee's request due to the death of an immediate family member, three (3) duty days of bereavement leave shall be granted Immediate family members shall include the employee's parents, spouse, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, and sisters-in-law, employee's or spouse's grandparents and grandchild. L. Funeral Benefit. The City Manager shall approve up to $16,000 documented funeral expenses for employees who lose their lives in the course and scope of employment. ARTICLE 12 - PERSONNEL PRACTICES A. Interchangeable Use of Police Officers and Senior Police Officers. Senior Police Officers and Police Officers may be freely utilized interchangeably in positions presently staffed by either classification in the various divisions with the following exceptions where only Senior Police Officers may be permanently assigned: 1. Criminal Investigation Division 2. Division of Professional Standards 3. Special Services Division 4. Organized Crime Unit, and 5. Training Division The Chief of Police shall not assign any officer to the position of Field Training Officer who has less than three (3) years of service. In the event of exigent circumstances, the Chief of Police may assign an employee from the rank of police officer to work in one (1) of the Senior Police Officer only positions for a period not to IPage 45 exceed ninety (90) calendar days during a calendar year. This period may be extended for one (1) additional ninety (90) calendar day period. B. Disability. 1. A disability shall be defined as a physical injury or illness which prevents an officer from fully performing assigned duties in all major divisions of the Department. 2. A permanent disability shall be defined as an injury or illness which disables an officer to the extent that it cannot be said in reasonable medical probability that the officer will be able to return to full duties within one (1) calendar year. 3. The Chief may at any time require a medical examination to determine if an officer is permanently disabled. When it is determined that an officer is permanently disabled, the Chief shall be entitled to terminate or retire the officer, and whichever is applicable. In the event the Chief determines, after consultation with the City Physician, that the officer is permanently unable to perform his or her job duties, he may institute immediate termination or retirement if applicable. An officer may call for further examination by a board of three (3) physicians. One such physician shall be appointed by the City, one (1) by the officer and the third by agreement of said physicians. The officer and the City shall pay their own appointed physicians and the parties shall share equally in the cost of the third physician. The majority finding of the three (3) physicians as to whether a permanent disability exists shall be final and non -appealable. 4. Upon termination or retirement for permanent disability, the officer shall be entitled to a lump sum payment for all his/her accumulated personal sick leave, but shall not be entitled to use or be compensated for any pool hours. 5. Upon any employee's being absent from duty for ninety (90) working days as a result of a single illness or injury, the Chief shall immediately require the employee to submit to a medical examination to determine whether the employee is permanently disabled, such determination to be made in accordance with the procedures in the preceding paragraph. 6. An officer who has previously been declared permanently disabled may be eligible for re -appointment to the service by the Chief upon certification by the City Physician that he or she recovered from the disability and is able to perform full duties. Provided, however, after two (2) years from the date of such disability the employee shall no longer be eligible for re- appointment. In the event the Chief denies a request for reappointment pursuant to this section, the officer may appeal such denial in writing within fourteen (14) calendar days to the City Manager. The City Manager shall render a decision on the appeal in writing within fourteen (14) calendar days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. C. Civil Service Internal Investigations. The Civil Service Commission shall not conduct investigations of internal affairs within the Police Department. The term "investigation" means investigations of alleged misconduct of one (1) or more police officers by the internal IPage 46 investigation unit of the Police Department. It is agreed that such internal investigations shall be the duty and responsibility of the Chief of Police. This specific alteration of Chapter 143 is authorized by Chapter 174. D. Civil Service Commission Records. All rules, opinions, directives, decisions, and orders issued by the Civil Service Commission shall be preserved in written minutes. Such actions need not be copied verbatim in the minutes; it shall be sufficient to accurately summarize such actions. The Chairman or, in his/her absence, the Vice -Chairman of the Commission shall sign the minutes; the signatures of the concurring members on any action shall not be required. The Commission may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. All such written records of the Commission shall be public records. E. Notice of Shift Change. The Chief of Police shall post the monthly shift change schedule at least forty-eight (48) hours prior to the beginning of said shift change. This requirement shall not limit the right of the Chief of Police to reassign employees on short notice to other shifts, based upon scheduling and manpower contingencies that may arise. Recognizing that shift changes, transfers and job assignments may require the assessment of a number of factors, the Chief of Police maintains the right to make all shift changes, transfers and job assignments in accordance with its determination of what is in the best interest of the Department. The Chief of Police shall adopt and provide a copy of the departmental transfer procedure to each employee. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the supervisor who is responsible for selection. Notice of vacant positions, skills required, and process to be used to make the selection will be posted on the department bulletin boards in the form of a staff memorandum or e-mailed to all employees. The Chief of Police shall make a reasonable effort to assure that all eligible employees under his/her command are aware of the vacancy and the process to be used to make the selection. Employees who are interested in a vacant position should contact the appropriate supervisor in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be among the factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post the results of his/her decision on the filling of any job vacancy. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision in regards to shift changes, transfers or job assignments has occurred, he or she may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the employee within thirty (30) calendar days of the complaint being filed. Although not subject to the grievance procedure, should the Association feel that there has been a misapplication of this provision in regards to the policy or process on shift changes, transfers or job assignments, the Association may file an informational complaint with the Chief IPage 47 of Police. The Chief of Police shall meet personally with the Association and respond in writing to all Association informational complaints within thirty (30) calendar days of the complaint being filed. F. Wearing of Uniform on Off -Duty Security Jobs. An "off-duty security job" shall be defined as off-duty employment, the primary purpose of which is to utilize, or to potentially utilize, the training and police powers of the Corpus Christi police officer. The Chief may at his/her discretion; require a police officer working an off-duty security job to wear a police uniform during his/her first (1St) year of employment. After the first (1St) year of employment, the Chief may require a police officer working an off-duty security job to wear a police uniform where the circumstances clearly demonstrate that by said officer's failure to wear a uniformi he would present a danger to the public, the secondary employer, and the efficiency of the Police Department. The criteria that the Chief shall consider in determining whether or not a danger exists include: 1. The secondary job assignment; 2. The officer's personnel evaluations and experience; 3. The officer's prior disciplinary record; and 4. The presence or absence of commendations and awards. G. Entrance Examinations. Entrance examinations may be administered at any time or location to qualified groups or individual applicants. Names placed on the eligibility list for entrance appointments shall remain on that list for three hundred and sixty-five (365) calendar days from the date of the written examination. The eligibility list shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance exam more than once for an academy class. The oral interview shall be graded and such grade shall be computed into the final score. H. Alternate Hiring Process. (a) The City and the Association shall make a good faith effort to develop an alternate hiring process to be entered into between the City and other Texas cities providing for lateral transfer of officers from one city to another without restricting a transferred officer to entry-level rank. Any such agreement may be made by the Police Chief subject to approval of the Association's Executive Board, and shall be written and signed by the Chief of Police and no less than three (3) members of the Executive Board. (b) The Chief, without regard to the existence of or requirement for any eligibility list for beginning positions in the Department, may appoint applicants to beginning positions in accordance with this alternate hiring process. Each applicant must (1) have a current TCOLE peace officer intermediate certification; (2) be employed or have been employed for at least three (3) continuous years as police officer by an incorporated Texas city, as a deputy sheriff in any Texas County of at least 120,000 population according to the most recent U.S. Census, or by the (Page 48 Texas Department of Public Safety; and (3) actively worked as such within the three hundred and sixty-five (365) calendar day period preceding his/her application. (c) Each applicant must successfully complete entry requirements, including a medical examination, a physical fitness examination, a written proficiency examination to identify writing skills and knowledge of Texas law, a background investigation (to include a polygraph), a drug test, a psychological examination, a panel interview (panel to be appointed by the Chief) and any other current eligibility requirements deemed appropriate by the Chief. (d) Applicants who are appointed must successfully complete an academy specifically designed for applicants who are hired in accordance with this alternate hiring process. The Chief, in his/her sole discretion, may deny the application of any applicant at any time. Such decision shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. (e) The beginning salary of officers appointed under this alternate hiring process shall be equal to the thirty (30) month Police Officer salary. These officers shall become eligible to take the Senior Police Officer exam thirty (30) months after appointment. These officers shall be treated as new employees for all other purposes, including seniority, benefits and eligibility for promotion. (f) Officers hired under this alternate hiring process shall serve a one hundred and eighty (180) calendar day probationary period beginning with completion of the academy and may be discharged during this period at the discretion of the Chief, without appeal to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. (g) The Association, recognizing the City's need for flexibility in the hiring process, hereby agrees to the deviations from Chapter 143 hiring procedures and this Article supersedes them. I. Reinstatement The Chief, at his/her sole discretion, may rehire police officers who terminate their employment with the City of Corpus Christi and request in writing to be reinstated within eighteen (18) months. The rehired officer shall be required to enter at the rank of police officer regardless of the rank they held when they terminated their employment. The rehired officer shall be allowed to retain all seniority they held prior to terminating their employment; however, the rehired officer must wait eighteen (18) months to be eligible to take the senior officer examination. If rehired, the officer shall not be required to take the civil service entrance examination or to re-enter the basic academy. For example, a rehired officer who had five (5) years of seniority when they terminated their employment would be rehired at PO7 at the forty- two (42) month pay step. When a rehired (reinstated) officer passes the senior officer examination, he or she shall retain all seniority he or she had as a senior officer prior to terminating their employment. For example, if an officer had five (5) years of service in the rank of senior officer when he or she terminated their employment, the officer shall be credited with five (5) years of seniority as a senior officer when they pass the senior officer examination after IPage 49 being rehired (reinstated), and shall be paid as a five (5) year senior officer. However, a rehired (reinstated) officer who makes senior officer again shall serve for a period of two (2) continuous years before being eligible to take the lieutenant's examination. The Chief shall have the right to require a rehired officer to successfully complete a designated course of in-service training and to impose a one hundred and eighty (180) day probationary period from the date of rehire during which the officer may be discharged at the discretion of the Chief without appeal to arbitration, to the Commission, or to any court and shall not be subject to the grievance procedure in this agreement.] J. Mandatory Random Drug Testing. The City and the Association agree that police officers may be called upon in hazardous situations without warning, and that it is imperative to the interest of police officers and the public to ensure that police officers are not substance impaired. In order to further their joint interest in protecting police officers and the public, the City and the Association agree to mandatory random drug testing described in this section. Thirty percent (30%) of police officers of all ranks shall be mandatory random drug tested during each calendar year on a fair and impartial statistical basis as provided in the Police Department's Drug and Alcohol Policy. The fair and impartial statistical basis (in which each police officer has an equal chance of being selected) shall be by a non-discriminatory computerized program operated and certified as non-discriminatory by an independent firm hired by the City, and the employee shall be tested upon being selected by the computer. The City shall notify the officer as to whether the test was post -accident, random or based upon reasonable suspicion. For the purposes of this section: A. "drug testing" shall be defined as the compulsory production and submission of urine by an officer for chemical analysis to detect the presence of prohibited drug usage. B. "random drug testing" shall mean drug testing of individuals selected by the method described in the prior paragraph. C. "reasonable suspicion" shall be defined as a judgment/conclusion that a person is unable to safely and/or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants. Reasonable suspicion is based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants. Reasonable suspicion testing is not limited by this article, except to the extent that any urine testing utilized shall be in accordance with the lab testing protocol below. Reasonable suspicion testing may involve urine or blood as determined under existing legal standards. An employee's mandatory random drug test results and related collection and diagnostic information shall be disclosed to the City to administer and enforce the Police Department's Alcohol and Drug Policy and this Collective Bargaining Agreement. The City and the Association otherwise regard an employee's mandatory random drug test results and related collection and diagnostic information as confidential. The City and the Association have a mutual interest in ensuring that drug impaired employees do not perform law enforcement duties. The City and the Association agree that the IPage 50 purpose of the mandatory random drug testing is not to punish an employee who has not violated the Police Department's Drug and Alcohol Policy. The City and the Association are committed to the principal that the mandatory random drug testing for employees is designed and will be administered to result in disciplinary action only against those officers who have violated the Police Department Drug and Alcohol Policy. The City has developed a Police Depai tment Drug and Alcohol Policy with procedures and protocols, which follow the requirements of SAMHSA/CAP FUDTP. The section of the Police Department Drug and Alcohol Policy dealing with mandatory random drug testing and the consequences thereof is subject to amendment by the City only as the City determines is necessary to follow the requirements of SAMHSA/CAP FUDTP. A grievance regarding the application, interpretation or enforcement of the language in this section is subject to mandatory arbitration. The sample for testing shall be a split sample. The collector shall inform the officer of the size of the required sample, and shall use a chain of custody process to split, label and send the sample, which shall be forwarded on the same day as the sample is taken. The City shall require any laboratory selected for collecting samples, to conduct a background investigation on those laboratory personnel involved in the collecting or handling an unsealed sample. The City is permitted to and does utilize a different lab for steroid testing. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been arrested by members of the Corpus Christi Police Department or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involved in the collecting or handling of an unsealed sample collected from a Corpus Christ Police Officer. Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting samples has failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result. The burden of showing that a background investigation was not conducted shall be on the party seeking to have the test results excluded from the administrative hearing. The City shall use only a SAMHSA/CAP FUDTP certified laboratory for mandatory random drug testing and shall require that such laboratory comply with the requirements of SAMHSA/CAP FUDTP. The results of the test or tests shall be sent by the laboratory to the Medical Review Officer via express mail service. The MRO may act separately on test results from each lab. The City shall allow the Association input into the Request For Proposal (RFP) on the selection of the Medical Review Officer. The test shall be a Police Department ten (10) panel test as set out in the Police Department Drug and Alcohol Policy. The specimens collected for testing shall be maintained in a secured area until picked up by the courier. The City shall use only a Medical Review Officer (MRO) for the City of Corpus Christi who is a licensed physician and who is certified as a Medical Review Officer by the American Association of Medical Review Officers. Nothing in this article shall be construed to abolish the existing authority and practice of the City to conduct drug test for: 1. Pre-employment 2. Pre -assignment for Vice, Narcotics, Organized Crime or Emergency Reaction Units or as a dispatcher or clerk in the Communications Division or as a Bomb Technician or as a member of the Peer Support team. IPage 51 3. Reasonable suspicion. 4. On return to duty after an absence of thirty (30) calendar days or more. 5. Post - accident 6. Post - firearm discharge Such test will be conducted under the same laboratory processes and protocols as mandatory random testing. K. Layoffs, Recalls and Reductions in Force. Layoffs, recalls and reductions in force shall be pursuant to Section 143.085. L. Temporary Duties in Higher Classification. A Senior Police Officer temporarily performing the duties of a Lieutenant or a Lieutenant temporarily performing the duties of a Captain shall not be temporarily appointed or made acting Lieutenant or Captain, but shall be paid for hours worked in the higher classification pursuant to Chapter 143.038, Texas Local Government Code. M. Physical Fitness. 1. The Chief of Police and the Association may mutually agree in writing to adopt a physical fitness assessment model, adjusted for age and gender. 2. The City at its sole discretion may offer incentives, either in pay or leave time, if the Association mutually agrees in writing. 3. The City agrees to establish a police officer wellness program. This program will also include distribution of nutrition and fitness information during in-service training. ARTICLE 13 - PROMOTIONS A. Posting and Administration of Promotional Examinations. A listing of materials from which promotional examination questions are taken shall be posted annually each January for examinations administered within the three hundred and sixty-five (365) calendar day period beginning the following April. The City shall post the date of the examination and a listing of the above materials no later than sixty (60) calendar days prior to an affected examination. Study materials will be available at least sixty (60) calendar days prior to an examination. No competitor for an exam may receive from an authorized or unauthorized person any part of a promotional examination for unfair personal gain or advantage. With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility roster exists, the City shall have one hundred and twenty (120) calendar days from the IPage 52 date of vacancy to complete the administration of written and Assessment Center examinations and post an eligibility roster. The Chief shall have thirty (30) calendar days from the posting of a Lieutenant or Captain eligibility roster to review the candidates and select an appointee, even if posting should for some reason occur more than one hundred and twenty (120) calendar days from the date of vacancy. For the purposes of this agreement, the term "vacancy" shall occur whenever no person holds the position or a person previously holding the position is permanently disqualified from maintaining the position. A vacancy does not occur during the tendency of a person's appeal of a suspension, indefinite suspension or demotion. B. Promotional Examination Corrections. The Civil Service Director shall have authority to recommend to the Civil Service Commission changes to entrance, or promotional examination questions where clerical errors in compiling the test questions have been discovered or where a question arises as to general accuracy. C. Senior Police Officer's Proficiency Examination. Police officers who have sixty (60) months of service in the Corpus Christi Police Department after commissioning as a police officer and possess either an Intermediate Certificate from TCOLE or at least sixty (60) hours of college credit from an accredited college or university shall be eligible to take an individual pass -fail written proficiency examination to qualify for immediate advancement to the rank of Senior Officer. Proficiency examinations shall be administered on a semi-annual basis. One (1) test shall be given within one (1) month of each academy becoming eligible. If only one (1) academy is eligible in any given year, the second test shall be given within six (6) months of the last test if there are any eligible officers. Officers shall advance only after successfully passing the examination by correctly answering at least seventy percent (70%) of all questions provided in the test. The results, of the proficiency test, with the exception of fraud, shall not be appealable to the Civil Service Commission. D. After Acquired Educational Requirement for Lieutenants Promoted to Captain. Lieutenants promoted to Captain who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) calendar months of their promotion. This section does not apply to employees promoted to Captain prior to April 22, 2003. An employee who fails to obtain the required bachelor's degree shall be demoted to Lieutenant. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from the Captain classification, an employee shall resume the competitive classification of Lieutenant from which he was promoted and his/her salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with his/her salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. When an employee is demoted, the demoted employee shall not "bump" another employee who is in the competitive rank of Lieutenant. E. Appointment of Assistant Chiefs, and Commanders. All promotions to the classifications of Assistant Chief or Police Commander shall be exempt from competitive examinations, and IPage 53 instead shall be made by appointment by the Chief. The appointment shall be within the discretion of the Chief, provided that the Chief shall promote the employees from the classifi- cations specified elsewhere in this agreement. Captains appointed to Commander after May 1, 2003, who do not have a bachelor's degree from an accredited college or university, shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) months calendar months of appointment by the chief. Lieutenants appointed to Commander after January 30, 2007 who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the chief. Persons who fail to obtain the required bachelor's degree shall be removed from the appointed position by the chief. Captains or Commanders appointed to Assistant Chief after May 1, 2003, who do not have a master's degree from an accredited college or university, shall be required to obtain a master's degree from an accredited college or university within sixty (60) calendar months of appointment by the Chief. Captains or Commanders appointed to Assistant Chief after July 31, 2005 who do not have a master's degree from an accredited college or university shall be required to obtain a master's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the Chief. Lieutenants appointed to Assistant Chief after January 30, 2007 who do not have a master's degree from an accredited college or university shall be required to obtain a master's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the Chief. Persons who fail to obtain the required master's degree shall be removed from the appointed position by the Chief. Employees appointed to the positions of Assistant Chief or Police Commander under the provisions set out herein may be demoted from said position at the discretion of the Chief. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from such an appointed classification, an employee shall resume the competitive classification from which he or she was appointed and his/her salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with all salary increases to which he or she would have been automatically entitled had he or she continuously remained in said competitive classification. When an employee is demoted in rank from an appointed classification due to a reduction in force, the demoted employee shall not "bump" another employee who is in a competitive rank. F. Probationary Period for Lieutenants and Captains. Employees promoted to the rank of Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to the Commission at any time during the three hundred and sixty-five (365) calendar day period subsequent to being so promoted. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. G. Filling Vacancies Below Commander. Upon written request by the Police Chief for a person to fill a vacancy in any classification below the rank of Commander, the Commission shall certify to the Police Chief the names of the three (3) persons on the eligibility list having the highest grades for the position to be filled, and the Police Chief may select any one (1) of the (Page 54 three (3) persons so certified. The Police Chief need not state in writing his/her reason for selection or rejection of any of the three (3) persons certified by the Commission. In the event a person rejected desires to appeal the action of the Police Chief, such appeal shall be to an arbitra- tor selected as specified in paragraph F of Article 7, and there shall be no appeal to the Civil Service Commission. The person rejected who desires to appeal the action of the Police Chief is charged with the burden of proof of showing that the rejection was for some reason other than the officer's ability to perform at the higher rank. The arbitrator may overturn the decision of the Chief. The question of rejection on the part of the Police Chief shall be determined by the arbitrator. To the extent this paragraph alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so agreed. H. Eligibility for Promotion. The following rank, service, and educational or certification levels shall be required of all officers participating in the promotional procedure as set forth in this contract. Current Rank Rank Sought Service Requirements Testing Requirements Police Officer Senior Police Officer 5 years prior to exam and possess either an Intermediate certificate or 60 hours of credit from an accredited college/university. Written Proficiency Exam Senior Police Officer Lieutenant 2 years of service in rank immediately prior to exam and possess either an Intermediate certificate or 60 hours of credit from an accredited college/university. Promotional Exam and Assessment Center Lieutenant Captain 2 years service in rank immediately prior to exam and a Bachelors Degree from an accredited college/university within 48 months of appointment to Captain. Promotional Exam and Assessment Center Lieutenant Commander 2 years service in rank immediately prior to appointment and a Bachelors Degree from an accredited college/university within 48 months of appointment to Commander. None Lieutenant Assistant Chief 5 years service in rank immediately prior to appointment and a Masters degree from an accredited college/university within 48 months of appointment to Assistant Chief. None Captain Commander No minimum service requirement. A Bachelors degree from an accredited college/university within 48 months of appointment to Commander. None Captain or Commander Assistant Chief No minimum service requirement. A Masters degree from an accredited college/university within 48 months of (Page 55 appointment to Assistant Chief. I. Promotional Procedures. The promotional examination procedure for the classification of Lieutenant and Captain shall consist of two (2) parts as follows: 1. Written Examination - Shall consist of questions relating to the specific duties of the position to be filled. The written examination shall have no specific failing score but will provide a ranking of participants from high to low score. In the event that written examination scores are the same, the earliest time for submitting the examination form to the test administrator for grading shall determine respective standing. Only the highest ten (10) scorers from the Captain's written examination shall be allowed to continue on to the next phase of the examination process. Only the highest fifteen (15) scorers from the Lieutenant's written examination shall be allowed to continue on to the next phase of the examination process (Assessment Center). The City will engage an independent consultant firm to professionally develop the written examination questions after consultation with the Human Resources Department. Such firm shall deliver the examination questions in a sealed and secured manner confidentially to the Human Resources Department, which will maintain them confidential, in a safe and secure manner Under no circumstances shall the examination questions be taken out from under the confidential supervision and control of the Human Resources Department. If any of the eligible ten (10) candidates for Captains or the eligible fifteen (15) candidates for Lieutenant has an indefinite suspension on appeal the City may add an additional candidate for each such pending appeal to the Assessment Candidate Pool. 2. Assessment Center Examination - Shall consist of: Six (6) certified police officers from outside the Police Department holding comparable or higher positions in a Police Department operating in a city of 100,000 or more population shall be selected to serve as assessors. All Assessors may be chosen by the Association and must have received authorization to participate by his/her respective Department. One of the six (6) assessors may be chosen from out of state. The Chief shall have the right to review the list of assessors and may strike no more than three (3) names from the list. If the Chief exercises the right to strike, he must provide a replacement(s) within five (5) calendar days of reviewing the list. The identification of the assessors shall be keep confidential. The Association President or Designee who develops the assessor list must not be a candidate for the promotional exam for which the list of assessors has been developed. The assessment center examination date(s) will be posted on the same day the written test announcement is posted. On the day or days of the promotional assessment center the candidates may participate in the assessment process in lieu of duty. Assessors shall be trained in the methods to be used in administering the test for a minimum of eight (8) hours. All candidates will be given the opportunity to attend a classroom orientation period concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. The independent consultant shall develop at least three (3) exercises which he/she determines adequately assess measurable dimensions of the job analysis. IPage 56 Feedback shall be provided to each candidate in a "feedback" session by the assessment center coordinators. The purpose of this session will be to provide each candidate with his/her score, what areas he/she excelled in, what areas he/she did poorly in, and what they might do to improve their performance in the future. The scores of the assessment center shall count sixty percent (60%) of the combined score and the written examination scores shall count forty percent (40%) of the combined scores to determine the final ranking when one (1) point for each year of service is added up to a total of ten (10) points maximum. J. Eligibility List. Within forty-eight (48) hours of the completion, excluding weekends and holidays, of the Assessment Center Examination, an eligibility list shall be prepared and posted with the respective ranking of all applicants based on the following weights: (1) Written Examination 40% (2) Assessment Center Examination 60% 100% Points on Lieutenant's Examination 1 point for each year of service as a commissioned officer with the department up to a maximum of 10 points 10 points 110 Maximum Points Points on Captain's Examination 1 point for each year in rank up to a maximum of 5 points 5 points 105 Maximum Points The results of the Assessment Center shall be binding for three hundred and sixty-five (365) calendar days and with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. K. Contract Training for Lieutenants. As part of the New Lieutenant Training Program, employees newly -promoted to the rank of Lieutenant will be required to attend one four (4) hour contract training session relating to specific provisions of the current Collective Bargaining Agreement between the City of Corpus and the Corpus Christi Police Officers Association. The training session will be sponsored by the Association and will be held at a place designated by the Association. L. Grievances or Suits Claiming Right to Promotion. Any grievance or suit, known or unknown, claiming a right to promotion shall be filed in compliance with this Agreement no later than twenty (20) calendar days after the expiration of the eligibility list which is the subject of such grievance or suit. In the event of an award by an arbitrator or court in such a proceeding, no other person with a ranking on any previously expired eligibility list pertaining to any rank, at IPage 57 the time of such judgment or award, shall ever be entitled to promotion, back pay, enhanced seniority, or any other relief. M. Chapter 143 Applicability. No Portion of Chapter 143 is applicable to the promotional process for assistant chief, commander, captain or lieutenant with the exception of Sections 143.032(h), (i), and 143.034 and 143.028(c). N. Nepotism. 1. Promotions. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by written examination to continue with the assessment center examination, the Chief shall not participate in the promotional process or in making of any appointment from the list established there from and the City Manager shall exercise all of the contractual and statutory authority of the Chief with respect to said process and appointments. If the Chief's relative is promoted, the Chief shall not participate in the probationary review of the relative under Section E of this Article, and the City Manager shall exercise all of the Chief's authority under Section E and any related statutory provision. The Chief shall not participate in any other action, which would affect the relative's promotion or probationary review, and the City Manager shall exercise all contractual and statutory authority, which the Chief would otherwise exercise in connection with any such action. "Relative" is a person related to the Chief within a degree described by Section 573.002, Government Code. 2. Transfers. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief requests an inter -divisional personnel transfer, the Chief shall not participate in the decision-making process or in making any transfer. The City Manager pursuant to General Rules Manual 1.12 shall exercise all of the contractual and statutory authority of the Chief with respect to said transfer. "Relative" is a person related to the Chief within a degree described by Section 573.002, Government Code. O. The final score shall be carried forward until a decimal place determines their ranking on the eligibility list. P. Time served as an acting or temporary Lieutenant between December 1, 2006 and December 10, 2010. For the sole purpose of moving beyond the eighteen (18) month step, officers holding the rank of Lieutenant who were appointed between December 1, 2006 and December 10, 2010 shall be credited for time served as an acting or temporary Lieutenant. This section shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. ARTICLE 14 - EMPLOYEE MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations shall jointly maintain and support a labor relations committee. The labor-management committee shall consider, discuss and recommend to the IPage 58 Chief any problems pertaining to the employment conditions of employees. Matters subject to the grievance procedure shall not be appropriate items for consideration by the labor- management committee. The labor management committee shall consist of the following: (1) Director of Human Resources or his/her designee; (2) The Chief or his/her designee, who shall be a police officer within the Police Department; (3) the Association President or his/her designee, who shall be a police officer from the Police Department from the Association; (4) the Association Vice -President or his/her designee, who shall be a police officer from within the Police Department from the Association; and (5) a member of the Association designated by the President who must be a police officer within the department. There shall be a written agenda of matters to be discussed. Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the Chief of Police through the President of the Association. The labor- management committee shall meet bi-monthly unless mutually agreed otherwise, and a written summary report of the meeting shall be generated within thirty (30) calendar days subsequent to the meeting. B. Legal Defense. The City will provide a legal defense to any police officer in a civil lawsuit, on account of any action taken by such police officer while acting within the course and scope of the police officer's employment for the City of Corpus Christi. The City, by conducting or participating in the employee's defense, does not assume any obligation or liability not otherwise imposed by law, and does not expressly or impliedly waive an immunity or defense, which is available to the City. The City need not assume any obligation not otherwise imposed by law for any judgment which is rendered against an employee who committed intentional acts, was grossly negligent, or reckless. 1. The police officer shall notify the City of any claim being made against such police officer not later than thirty (30) calendar days from that date that such police officer received notice of such claim, and shall request the City to assume the defense of the police officer regarding such claim. The City may require that such request be made in writing. 2. If suit is brought against such police officer, such police officer shall immediately forward to the City Attorney every demand, notice, summons or other process received by him. 3. Such police officer shall cooperate with the City, and, upon the City's request, shall assist the City in arriving at settlement agreements, and the conduct of suits, and in enforcing any rights of contribution or indemnity against any person or organization who may be liable for all or part of such damages, and shall attend all hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. 4. If the City Attorney undertakes to represent the employee rather than provide private counsel, he or she shall disclose to the employee any conflicts of interest between the employee and the City in the civil action. If the employee chooses not to waive the conflict of interest, the City shall retain qualified private counsel. IPage 59 ARTICLE 15 - IMPASSE PROCEDURES Negotiations for a new contract shall commence in accordance with Chapter 174. If impasse should be reached as defined in Chapter 174, either party may request mediation, and upon such request, the parties shall immediately proceed to choose one mediator as provided herein. The function and powers of the mediator shall be as specified in Section 174.151. The mediation shall extend for fourteen (14) calendar days. If no agreement is reached through mediation, upon request of either party, the parties shall submit the dispute to one (1) Fact finder, chosen as provided herein. The Fact finder shall conduct a full and fair hearing. By agreement the parties may submit an issue or issues to the Fact finder. If no agreement is reached, each party shall be entitled to submit four (4) proposals to the Fact finder, each proposal on a distinct topic. For example, each of these constitutes a distinct topic: salary, dependent health insurance coverage, promotional procedures, and political activities. Each party may submit its four (4) proposals and its alternatives to the other party's proposals. The hearing shall be informal and strict rules of evidence shall not apply. After hearing all evidence offered by the parties, and any evidence requested independently by the Fact finder, the Fact finder shall render a written decision making findings of fact and recommendations as to all matters in dispute. In the opinion, the Fact finder shall state his/her reasons for his/her findings of fact and recommendations. In rendering such findings and recommendations, the Fact finder shall exercise his/her independent judgment and shall not attempt to "split the difference." In making the findings of fact and recommendations, the Fact finder shall consider the following evidence submitted to him by the parties or obtained at his/her direction: the overall compensation in the current contract including direct salary and fringe benefits; the income available to the City and demands on that income; a comparison of wages, hours, and conditions of employment of Corpus Christi police officers with the wages, hours, and conditions of employment of other public and private employees performing similar services and with other employees generally in public and private employment in comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job training and skills required of a Corpus Christi police officer; the cost of living in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding twelve (12) month period using localized data to the fullest extent feasible; and any current national or state policies or guidelines with respect to compensation. The selection of the mediator and the Fact finder shall occur as follows. When either party requests mediation or fact-finding, the parties may agree to choose any mediator or Fact finder or method of choosing it. If no agreement occurs within five (5) days from the request, the parties shall request a list of seven (7) neutrals from the American Arbitration Association (AAA). Upon receiving the list, the parties shall select the Mediator or Fact finder by alternately striking names The request to AAA shall state the dates on which the neutrals must be available. The mediator and the Fact finder shall be selected within seven (7) calendar days after receipt of the list from the AAA. The fee and expenses of the mediator and the Fact finder shall be split equally between the City and the Association. All other expenses, including witness fees, shall be paid by the party incurring the expense or calling the witness. IPage 60 If, within seven (7) calendar days after fact-finding, the parties have failed to agree to a contract, the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a referendum election according to the following procedure. The election shall be held on the first date permissible under state law. By agreement the parties may submit any issue or issues to the voters. If no such agreement is reached, then each party shall be entitled to submit two (2) issues to the voters, each issue on one (1) distinct topic. For example, each of these constitutes a distinct issue: salary, dependent health insurance coverage, promotional procedures, and political activities. Each party will submit its two (2) issues, and its alternatives to the other party's issues, so that the voters will vote on four (4) distinct issues. Each voter will have the option of voting for all of the issues of one party, or for some issues of one party and some of the other. The issues submitted to the voters will appear on the ballot exactly as each respective party would have them appear in the contract. The decision on each issue by a majority of the voters voting on the issue at the referendum election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as part of the collective bargaining agreement. In the absence of agreement of the parties to the contrary, the term of the provisions adopted by the voters shall be the same as the term of the entire contract entered into by the parties, or, in absence of such a contract, shall extend until the next July 31 following the election or until a new contract is agreed upon. The Association shall pay the cost of printing the ballots. All other costs of the elections shall be paid by the City. The place of the respective parties on the ballot shall be determined by coin flip. An impasse referendum can be canceled at any time up to fifteen (15) calendar days prior to the election date by agreement of the parties. The Association and the City agree that during the term of Article 16, no request shall be made for submission of unresolved issues to arbitration under Chapter 174 or any other statute, charter or ordinance provision, and that any such request shall be void and ineffective. Any provision of this Article 16 may be amended by written agreement of the parties. If the impasse procedures established herein shall be held invalid by the courts, all other provisions of this Article 16 shall become ineffective, unless the parties agree in writing to continue them in effect. ARTICLE 16 - POLITICAL ACTIVITIES The City may prohibit police officers from taking an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. ARTICLE 17 - EXISTING CONDITIONS No employee shall be unfavorably affected by the signing of this agreement as to wages, hours, or other conditions of employment that he now enjoys, except as otherwise provided in this agreement. IPage 61 ARTICLE 18 - CLOSING CLAUSES A. The effective date of this agreement shall be the 1st day of August, 2015 except as otherwise provided herein, and the agreement shall remain in effect until 11:59 p.m. on September 30, 2019 and thereafter until superseded by a new agreement, whichever occurs later provided however, that in no event shall this Agreement continue in effect after September 30, 2022. B. This document constitutes the sole and complete agreement between the parties. During the term of the Contract neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this document. The impasse procedure in Article 16 of this agreement shall be wholly inapplicable to any matter except impasse of a successful contract. C. The provisions of this contract shall take precedence over all State and local Civil Service provisions which are in conflict herewith, including for example and not by way of limitation, any contrary provisions of Chapter 141,142 and 143; City Charter of the City of Corpus Christi, Texas; ordinances of the City; Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission; and Rules and Orders of the Police Department of the City. D. If any article or section of this agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. E. Both the City and the Association have relied upon their factual and legal understanding that the City is currently in compliance with state and federal law in the payment of straight time and overtime compensation in bargaining the wages and economic benefits under this agreement. Fiscal certainty is of the essence of this agreement to the City. In the event of any adverse judicial or agency determination finding that the City owes straight time or overtime compensation under state or federal law above that paid under past practices reflected by the City's payroll records, the City may request in writing that the parties collectively bargain in good faith for the limited purpose of resolving the impact of any adverse ruling. (Page 62 FOR THE CITY OF CORPUS CHRISTI, CORPUS CHRISTI POLICE TEXAS: OFFICERS' ASSOCIATION Date Date City Manager President CCPOA City Negotiating Team Members: CCPOA Negotiating Team Members: ATTEST: City Secretary APPROVED: Day of , 2015 City Attorney IPage 63 APPENDIX "A" DUES DEDUCTION AND SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No. Employee No. Code No. Name (Last) (First) (M.I.) Social Security No. Address Zip Code I hereby authorize the City of Corpus Christi to deduct each pay period a sum as certified by the Corpus Christi Police Officers' Association as the current rate of dues or an amount as may hereafter be established by the Corpus Christi Police Officers' Association as dues, or special assessment approved in accordance with the collective bargaining agreement and Association Constitution and Bylaws. This deduction is to be forwarded directly to the Corpus Christi Police Officers' Association. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for failure to deduct any authorized sum for any reason. Signed Date IPage 64 APPENDIX "B" TERMINATION OF DUES DEDUCTION ON SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No. Employee No. Code No. Social Name Security No. (Last) (First) (M.I.) Address Zip Code I hereby terminate the authorization previously executed by me on for dues deduction for the Corpus Christi Police Officers' Association and request that the City make no further deductions under said authorization. This termination of dues deduction is entirely voluntary on my part and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Signed Date: IPage 65 APPENDIX "C" GRIEVANCE FORM City of Corpus Christi Grievance No. Employee: Immediate Supervisor: Printed name: Printed Name: Grievance must be filed within thirty (30) calendar days of its occurrence or knowledge of occurrence. Any grievance not submitted within thirty (30) calendar days shall not be considered timely and shall be void. Date of Occurrence or Knowledge of Occurrence: Date Grievance Submitted to the Association: Step 1 Association Review (Within thirty (30) calendar days of receipt of the grievance, the Association shall determine whether the grievance is valid and notify the Chief of police in writing pursuant to Step 2.) The written grievance at Step 2 and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which it is based; (2) how the facts result in a violation of the agreement; (3) the remedy or adjustment sought including a clear statement of the proper interpretation, application or enforcement of this agreement; and (4) the signature of the aggrieved employee. Statement of Facts: Policy, Practice, or Contract Provision alleged to be violated: Other Individuals affected by Grievance: Remedy Sought: Grievance sent to Chief of Police this , 201_, at a.m./p.m. Date Time Grievance received by Chief/Staff Member this , 201_, at a.m./p.m. Date Time Signature of Chief or Staff Member (Page 66 Step 2 Chief of Police Review (The Chief of Police shall respond in writing to this grievance within sixty (60) calendar days of its receipt. If the Chief of Police does not respond within sixty (60) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step.) The written response at this step, and management responses at all steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. See Attached Response. Submitted by Chief of Police this , 201_, at a.m. /p.m. Date Time Signature of Chief Grievance Committee Representative received response this , 201_, at a.m. /p.m. Date Time Signature of Grievance Committee Representative IPage 67 Step 3 City Manager Review (The Association may submit a written grievance from Step 2 to the City Manager within thirty (30) calendar days of receiving the Chief of Police's written response. The City Manager shall respond in writing to this grievance within thirty (30) calendar days of its receipt. If the City Manager does not respond within thirty (30) calendar days, the grievance shall be denied and the Association may proceed to the next step.) Grievance Sent To City Manager this , 201_, at a.m. / p.m. Date Time City Manager received Grievance this , 201_, at a.m. /p.m. Date Time Signature of City Manager or Staff Member See Attached Response. Submitted by City Manager this , 201, at Date Time Received by Grievance Committee Representative this Signature of Grievance Committee Representative a.m. / p.m. , 201_, at a.m. /p.m. Date Time IPage 68 Step 4 Request for Arbitration (The Association may request, within thirty (30) calendar days of the denial of Step 3, that the grievance be submitted to arbitration.) Association Elects to Proceed to Arbitration on Grievance No. Submitted to Human Resources by Association this , 201_, at a.m. / p.m. Date Time Signature of Association President or Designee Human Resources received from Association this , 201_, at a.m. /p.m. Date Time Signature of Director of H.R. or Staff Member (Page 69 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 19, 2015 TO: Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO CCREDC (361) 882-7448 ivasey@ccredc.com Amending Type A Guidelines adopted in 2010 CAPTION: Resolution adopting amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for granting business incentives PURPOSE: Approval of the Type A guidelines as required by the statute BACKGROUND AND FINDINGS: The Corpus Christi Business and Job Development Corporation (Type A Board) is charged with determining how the economic sales tax is used to increase economic development in the city. On April 7, 2015 the Type A Board, the City Council, and the executive committee of CCREDC met to discuss the guidelines and to improve where deemed necessary. Out of that workshop these revisions where formulated and the Type A Board approved the revisions at their August 17, 2015 Board meeting. The revisions include: better defines the role of CCREDC and its Board in the application process - defines "economic driver jobs" - discusses the allocation of the fund between projects, job training and small business assistance lays out the requirements for economic impact reports by project type - adds additional reporting requirements on small business and job training projects - provides a process if a project has no action by the City Council ALTERNATIVES: Council may decide not to alter the Type A guidelines OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Business and Job Development Corporation (Type A Board) 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 RECOMMENDATION: Staff recommends approval of the revisions to the Type A guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution Draft Guidelines RESOLUTION ADOPTING AMENDED CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION GUIDELINES AND CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, in 2003, the City Council approved the original Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation, a Type A Corporation ("the Corporation") for the expenditure of sales tax money approved in 2002 by the voters of the City of Corpus Christi for jobs, job training, and business development; WHEREAS, in 2010 the City Council last amended these Guidelines, and the Corporation has forwarded its recommendation that they be amended again to address concerns that came up in a joint workshop on April 7, 2015, where the board of the Corpus Christi Regional Economic Development Corporation ("CCREDC") also attended and directed their staff to draft these amended guidelines, in consultation with City staff; WHEREAS, these concerns include defining the role of CCREDC and its board in the application process, defining "economic driver jobs", allocating funding for projects, job training and small business assistance, laying out the requirements for economic impact reports by project type, adding additional reporting requirements on small business and job training projects, and providing a process if a project has no action by the City Council; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The City Council of the City of Corpus Christi finds that it is advisable for the reasons stated above for the Corporation to adopt the Amended Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation, attached to this Resolution and incorporated herein for all purposes; SECTION 2. The City Council approves the form and the substance of Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation. Date: September 15, 2015 Attest: Rebecca Huerta, City Secretary NELDA MARTINEZ, MAYOR CITY OF CORPUS CHRISTI Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Rioj as CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of new primary jobs in Corpus Christi would enhance the City's economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to ensure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 1/80, cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section Type A board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. (a) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (b) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (c) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (d) "Business Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on- site business consulting, workshops, enterprise facilitation, and business management seminars. (e) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance". (f) "City" means the City of Corpus Christi, Texas. (g) "CCREDC "means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (h) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by "City" Resolution 024233. (i) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Driver" means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50 mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (k) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility". (I) "Executive Director" means the chief executive officer for the "Corporation," or his/her designated representative. (m) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (n) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (o) "Jobs" means employment of a full time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (p) "Living wage" means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q) "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance". (r) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization". (s) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. (t) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. (u) "Primary Employer" means a business in which at least 50% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two -digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 50% of its non -retail goods and/or services to local primary employer(s) that are located within a 50 mile radius away. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50 mile radius of the region. The inability of a company to satisfactorily document the "primary" nature of the jobs shall be deemed ineligible for these incentive agreement payments. (v) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. (w) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of Nueces County. (x) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of Nueces County. (y) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (z) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (aa) "Small Business" means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (ab) "Small Business Primary Employer" means a primary employer that employs 49 or less full time permanent jobs at the time of application and complies with the requirement(s) set forth under "Definitions" letter (u). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. CCREDC shall be responsible for accepting and processing all Type A incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applications filed with CCREDC that meets the qualifying standards of the Type A Program, and provided funds allocated and budgeted are available, will be forwarded to the Type A Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. (d) In order to achieve a balance of the types of uses of Type A funds the following allocation shall be allotted: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board may choose to stay within these percentages to ensure balance in the fund projects. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; • job training grants/loans; • business incubation activities; and • Projects located in a tax increment reinvestment zone will be given preference. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net new jobs, the following matrix shall be considered as a guiding principal for incentive reviews. New Gross Payroll Incentive per New Job for employees, leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per new job A maximum of $750 per net new job* $30,000 to $40,000 per new job $751 to $5,000 per new job* $40,001 to $50,000 per new job $5,001 to $10,000 per new job* >$50,000 per new job $10,001+ per new job* *up to, or not -to -exceed amounts, based on projected economic impact report and CCREDC staff recommendations. (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net new jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five year period. Companies creating over 50 net new jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net new jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net new jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a "game changer" deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed time of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 12 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start-up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution's actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. Section 9. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51% of the jobs created during the term of the Agreement are held by residents of the City. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (d) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within the 50 mile radius of Leopard Street and Staples Street intersection.. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. Section 10. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDC. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: • a general description of proposed Capital Investments to the Facility; • a descriptive list of the improvements or program for which business incentives are requested; • a list of the kind, number and location of all proposed improvements of the property; • a map and property description; and, • a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDC shall cause to be performed an economic impact report. This report may be completed by CCREDC (or its consultant) using established accepted economic impact models such as IMPLAN, RIMS II, EMSI, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation. The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements—company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant. After receipt of the financial statements, the President of the CCREDC may cause a financial review to be performed . Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. Section 11. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. (c) Non -action by the City Council is deemed as denial of the application within six months of Corporation approval, and any encumbered funds shall be thus deemed to be unencumbered. In such a case of Non -action (deemed as denial after six months), an applicant would be required to begin the application process from the start. Section 12. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninety (90) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within ninety (90) days from date of receipt will result in the Agreement being null and void and of no effect. Section 13. Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 14. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 15. WaiversNariances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and the Act. CITY OF CORPUS CHRISTI, TEXAS BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of new jobs -primary jobs in Corpus Christi would enhance the City's economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years;WHEREAS, the Texas Legislature in Section of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) has empowered local improving the economic health and prosperity of their citizens; and, passed Proposition 2: NEW AND EXPANDED BUSINESS ENTERPRISES which authorizcd the adoption of a salcs the rate of one eighth of one percent (118Th -cent) to the imposed for 15 years; and, WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to einsure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. 1 c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section Type A 4A -board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. e.. . A. _ . . {Development Corporation Act of 1979) _ (ab) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (be) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (cd) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (de) "Business Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self sufficiencyself-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on-site business consulting, workshops, enterprise facilitation, and business management seminars. (ef) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance". (fg) "City" means the City of Corpus Christi, Texas. 2 (g) "CCREDC "-means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (hh) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by "City" Resolution 024233. (il) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Driver" means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50 mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (kj) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility". (IIS) "Executive Director" means the chief executive officer for the "Corporation," or his/her designated representative. (Im) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (nm) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (on) "Jobs" means employment of a full time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (pe) "Living wage" means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q►) "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance". (re) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization". (sp) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. 3 (tq) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. NO "Primary Employer" means a business in which at least 750% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two -digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 570% of its non -retail goods and/or services to local primary employer(s) that are located within a 50 mile radius radius awayof the intersection of Staples Street and Leopard Street. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50 mile radius of the region. The inability of a company to satisfactorily document the "primary" nature of the jobs shall be deemed ineligible for this incentive agreement payments. (vs) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. (wt) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of Nueces County. (xu) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of Nueces County. (yv) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (zw) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (aax) "Small Business" means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (aby) "Small Business Primary Employer" means a primary employer that employs 49 or less full time permanent jobs at the time of application and complycomplies with the requirement(s) set forth under "Definitions" letter (ur). Section 2. Mission & Goals 4 (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. CCREDC shall be responsible for accepting and processing all Type A incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applicationsny-p-repes-al filed with CCREDC that meets the qualifying standards of the Type A Program, and provided funds allocated and budgeted are available, will be forwarded to the Type A Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. (d) Historically Type A funds have been allotted in the following percentages: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board would choose to stay within these percentages to ensure balance in the fund projects but may amend budget allocations for exceptional circumstances of projects. (d) In order to achieve a balance of the types of uses of Type A funds the following allocation shall be allotted: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board may choose to stay within these percentages to ensure balance in the fund projects. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; and, • job training grants/loans; and, • business incubation activities; and and, • Projects located in a tax increment reinvestment zone will be given preference. 5 (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; and, • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net new jobs, the following matrix shall be considered as- a guiding principal for incentive reviews. New Gross Payroll Incentive per New Job for employees,_ and leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per new job A maximum of o-$750 per net new job* for training $30,000 to $40,000 per new job $751 to $5,000 per new job* $40,001 to $50,000 per new job $5,001 to $10,000 per new job* >$50,000 per new job $10,001+ per new job* *up to, or not -to -exceed amounts, based on projected economic impact report and CCREDC staff recommendations. 6 $33,000 per new job Up to $750 per new job for training $33,000 to $44,000 per new job $/11,001 to $55,000 per new job $5,001 to $10,000 per new job $55,000 per new job $10,001+ per new job (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net new jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five year period. Companies creating over 50 net new jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net new jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net new jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a "game changer" deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed timetwo (2) years of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 120 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start --up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start --up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for 7 Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start: -up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution's actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. 8 (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. Section 97. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51% of the jobs created during the term of the Agreement are held by residents of the City. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (d) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a within the 50 mile radius of Leopard Street and Staples Street intersection.50 mile radius of Nueces County. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and 9 historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. Section 108. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDCthc Executive Director, or his designated representative.. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: a general description of proposed Capital Investments to the Facility; a descriptive list of the improvements or program for which business incentives are requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; and, a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDCthe Executive Director shall cause to be performed an study of feasibility and economic impact report. ' • _ _ _ _ _ _ TThis report may be completed by CCREDC (or its consultant) using established accepted 10 economic impact models such as IMPLAN, RIMS II, EMSI, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation • - _ _ • •-.- _ _ • - • _ _ _ _ - _ . The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. Due Diligence Financial Review. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements— company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant.. The financial statements required will be at the discretion of the Corporation. _After receipt of the financial statements, the Executive Director President of the CCREDC may sal cause a financial review to be performed using an independent accounting firm selected by or agreed to by the Board. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. The costs or expenses of the financial review shall be borne by the Economic Development Corporation. Section 119. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. (c) Non action by the City Council is deemed as denial of the application within six months of (c) Non -action by the City Council is deemed as denial of the application within six months of Corporation approval, and any encumbered funds shall be thus deemed to be unencumbered. In such a case of Non- action (deemed as denial after six months), an applicant would be required to begin the application process from the start. e" wee Section 1-012. Agreement. 11 (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • --in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within thc time framc cpccificd and agrccd to in thc agrccmentCommencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninetys xty (960) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within sixtyninety (960) days from date of receipt will result in the Agreement being null and void and of no effect. Section 1413. Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. 12 1 1 (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly feltowfollow the legal procedures for itstheir protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 142. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. 13 (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. 1 Section 153. Waivers/Variances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and the Act.Texas Revised Civil Statutes, Art. 5190.6. 14 AGENDA MEMORANDUM City Council Meeting of September 8, 2015 DATE: August 28, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Assistant Director of Environmental and Strategic Initiatives DanielMc@cctexas.com 826-3294 Desalination Update STAFF PRESENTER(S): Name 1. Mark Van Vleck 2. Daniel McGinn 3. Brent Clayton OUTSIDE PRESENTER(S): Title/Position Executive Director Assistant Director Project Manager Department Utilities Env. and Strategic Initiatives Env. and Strategic Initiatives Name Title/Position Organization 1. 2. 3. BACKGROUND: City Council requested that staff present an update on desalination efforts. This presentation will provide City Council an overview and status update on the City's current desalination pilot project. It will also provide a comparison of the pilot project to the concurrent industrial desalination project and how other initiatives, such as recent legislation, may impact or influence the City's desalination efforts. LIST OF SUPPORTING DOCUMENTS: PowerPoint — City Council Presentation Desalination Update 9-8-15 Update On Desalination Projects City Council Presentation September 8, 2015 Supply and Demand Projections: Last Year's Demand Projection 250 ai 200 u_ c 150 O O 1-I z 100 50 Last Year's Demand Projection 7 - 42 thousand Meet 16 25 36 36 2010 2015 2020 2025 2030 2040 2050 Years Current Demand Projection: 2010 2015 2020 2025 2030 2040 2050 Years Desalination* Industrial Reuse* Current Demand Projection —0—Last Year's Demand Projection Surface Water City's Variable Salinity Desal Project • Grant awarded by Bureau of Reclamation: ■ Test technology to specific location ■ Pretreatment options — Dissolved Air Flotation evaluation — Side-by-side MF/UF membrane pretreatment evaluation ■ Mixing seawater with other water sources to reduce cost of production ■ Estimate cost to construct and operate plant ■ Pilot required to obtain Permit for drinking Water ■ Pilot desirable to optimize treatment process and more accurately estimate desalination costs ■ City positioned to move forward with full-scale Plant for Drinking Water Variable Salinity Desal Timeline • Phase 1: Conceptual plan and grant application • Phase 2: Technology research, site selection, and design criteria and protocol • Phase 3: Pilot procurement and demonstration 2013 Conceptual Design and Grant Awarded 2014 Project Approved r 2015 2016 Feb. — Phase 2 complete Sept. — Site Selected d ) r Summer— Phase 3 (Pilot) begins 2017 Pilot ends; analysis of results and plan to move forward 4 Industrial Desalination Feasibility Study • Initiated by industry in spring of 2014 • Created a partnership of Port Industries, Economic Development Corporation, San Patricio MWD, and City • Goals being to estimate cost and provide option to develop RFP for industrial desalination facility • Separate project from City's pilot project but can use information from pilot project J Comparison of Projects Variable Salinity Pilot - City Technology & Literature Review Siting Criteria Technical (Variable Salinity): Treatment 3 Costs: Treatment TCEQ Pilot Demonstration TCEQ Permits for Drinking Water Drinking water Industrial Desal — Industrial Stakeholders Technology & Literature Review 1 Siting Criteria Technical (Seawater): Treatment; Transmission Costs: Treatment; Transmission; Rate impacts on Other Customers Industrial Water Backup Slides Future Industrial Demand: In the next five years County Industry Maximum Usage — 2013 Estimate (ac-ft/yr) Maximum Usage — 2015 Estimate (ac-ft/yr) San Patricio Tianjin Pipe San Patricio San Patricio Cheniere Gas Voestelpine 3,900 2,200 2,200 3,900 448 1,232 San Patricio San Patricio Occidental Fractionator Occidental Ethylene 1,100 3,900 3,900 San Patricio Ingleside X San Patricio Ingleside Y San Patricio Occidental Port 6,700 2,200 1,700 San Patricio Others estimated Nueces LyondellBasell —Texstar 900 Nueces LyondellBasell — Plant Expansion 2,200 Nueces M&G Industries— PET Plant Total 8,200 36,900 2,200 900 2,200 13,080 Supply and Demand Projections: Last Year's Demand Projection 300 250 LL 200 U Q 0 150 E 2 100 0 50 0 2016 7 - 42 thousand acre-feet 16 2015 2020 2025 2030 Years 25 36 2040 2050 36 Surface Water Industriap Reuse* Desalination* --Last Year's Demand Projection Supply and Demand Projections: Current Demand Projection 300 250 LL 200 0 150 E 2 100 0 50 2016 7 - 42 thousand acre-feet 1 1 1 16 7 1 25 • 36 36 2010 2015 2020 2025 2030 2040 2050 Years Surface Water Industrial Reuse* Desalination* —•—Current Demand Projection Supply and Demand Projections: Comparison 300 250 LL 200 u Q 0 150 E 2 100 0 50 2016 7 - 42 thousand acre-feet 1 1 1 16 1 25 36 36 2010 2015 2020 2025 2030 2040 2050 Years Surface Water Industrial Reuse* Desalination* ,Current Demand Projection --Last Year's Demand Projection 11 AGENDA MEMORANDUM for the City Council Meeting of September 8, 2015 DATE: August 14, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Costal Bend Mitigation Action Plan Annual Update STAFF PRESENTER(S): Name 1. Julio Dimas OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Assistant Director Development Services Title/Position Organization BACKGROUND: Provide an annual report to the City's portion of the Costal Bend Mitigation Action Plan (CBMAP). The CBMAP is a multi -jurisdictional mitigation action plan that was adopted in 2006. To fulfill our Community Rating System requirements and maintain our class rating a presentation for our report must be made on an annual basis to our governing body. LIST OF SUPPORTING DOCUMENTS: Presentation- Coastal Bend Mitigation Action Plan Coastal Bend Mitigation Action Plan Annual Update Council Presentation September 8, 2015 History • As part of the Community Rating System (CRS), the City is required to provide an annual update to the Costal Bend Mitigation Action Plan (CBMAP). • The CRS rewards communities that are doing more than the National Flood Insurance Program to help their citizens prevent or reduce flood losses. • The City receives points for flood protection activities. The accumulated points makeup our class rating that determines what percentage of a premium reduction properties will receive. History The Coastal Bend Mitigation Action Plan (MAP) was adopted by the Coastal Bend Council of Governments in 2006 with the intent to maintain a process that leads to hazard mitigation actions. State and local governments are required to develop a hazard mitigation plan as a condition of receiving certain types of non- emergency disaster assistance per the Pre -Disaster Mitigation Program (Section 203 of the Stafford Act, 42 U.S.C. 5133). Representatives from seven county areas located in South Texas contribute to the MAP. Overview • The mitigation activities are geared towards: • Reducing loss of life and injury • Reducing disruptions to essential public services and infrastructure • Reducing economic impacts to residents • Reducing losses to civic, cultural and environmental resources MAP Scope • The City has 25 mitigation action items • 16 items have been completed (4 projects have been completed in FY14-15) • 6 Projects are on-going • 3 have not been started AGENDA MEMORANDUM City Council Meeting of September 8, 2015 DATE: September 3, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Discussion and possible action regarding Charter Amendment Process STAFF PRESENTER(S): Name 1. Rebecca Huerta 2. Miles Risley 3. BACKGROUND: Title/Position City Secretary City Attorney Department On Tuesday, August 25, 2015, the City Council had a preliminary discussion regarding the charter amendment process. A general consensus of the Council was in favor of proposing charter amendments in the November 2016 election, and to create a charter review committee for this purpose. The Council made a motion of direction that the Charter Revision Commission review a residential street charter provision; changes to Article II., City Council, which is inclusive of term limits; and housekeeping measures presented by staff. Additionally, staff was asked to present a timeline outlining the charter amendment process. Two timelines were developed for comparison and discussion. In Timeline 1, the question before the voters in November 2016 would be to amend ARTICLE VIII. TAXATION AND BONDS, Sec. 1. Taxation, to add a new paragraph (c) to provide as follows: (c) The city council is authorized each year to levy, assess and collect a property tax not to exceed cents ($0.) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction. Said taxes shall be maintained in a dedicated fund and used solely for the purpose of residential street reconstruction. In Timeline 2, the question before the voters would be whether to authorize the City Council to submit ordinance, resolution, or measure to the popular vote for adoption or repeal (binding referendum). Staff will ask for direction regarding the Council's preferred timeline. LIST OF SUPPORTING DOCUMENTS: Timeline 1 — "Two Step"; Timeline 2 — "Three -Step" CHARTER AMENDMENT ELECTION TIMELINE: TWO-STEP 9/2015 Charter Review Ad Hoc Commission is appointed Per Council Policies, Part II, 10: City Council: Council ad hoc committees can be appointed by the Mayor or a majority of the Council. Past practice: 1) Each Council member provides the Mayor with the name of their appointee 2) Mayor appoints the committee and the chair. 10/2015 Charter Review Commission discusses proposed amendments: to 3/2016 1) Authority to levy property tax to fund residential street reconstruction 2) Review of Article II, City Council, including term limits 3) Housekeeping items 4/2016 Charter Review Commission develops a final report with recommendations 5/2016 Charter Review Commission presents recommendations to City Council 5/2016 City Council holds public hearing on proposed charter amendments 6/2016 City Council action on proposed charter review amendments 8/09/16 1st Reading Ordinance calling for Special Election 8/16/16 2nd Reading Ordinance calling for Special Election 11/8/16 Election Day ■ General Election — Mayor and Council ■ Crime Control District Tax ■ Possible Bond Election? ■ Charter Amendments ■ Park Decommissioning ■ Type A Tax 1 IF RESIDENTIAL STREET FUND CHARTER AMENDMENT IS APPROVED BY VOTERS) - Tax Levy Process: 8/08/2017 Motion setting date of 9/19/17 as date of adoption of ad valorem tax rate Motion setting public hearing dates for ad valorem tax rate: 1st public hearing - 8/29/17; 2nd public hearing - 9/12/17 8/29/2017 1st public hearing on ad valorem tax rate 9/12/2017 2nd public hearing on ad valorem tax rate 9/19/2017 Adoption of tax rate (NOTE: Possible rollback election process could be triggered if a petition is filed 90 days after the rate is adopted.) 10/01/2017 Deadline for assessor to mail tax bills to property owners 02/01/2018 Deadline for property owners to submit tax payments 2 CHARTER AMENDMENT ELECTION TIMELINE: THREE-STEP 9/2015 Charter Review Ad Hoc Commission is appointed Per Council Policies, Part II, 10: City Council: Council ad hoc committees can be appointed by the Mayor or a majority of the Council. Past practice: 1) Each Council member provides the Mayor with the name of their appointee. 2) Mayor appoints the committee and the chair. 10/2015 Charter Review Commission discusses proposed amendments to 3/2016 1) General referendum authority (binding referendum) 2) Review of Article II, City Council 3) Housekeeping items 4/2016 Charter Review Commission develops a final report with recommendations 5/2016 Charter Review Commission presents recommendations to City Council 5/2016 City Council holds public hearing on proposed charter amendments 6/2016 City Council action on proposed charter review amendments 8/09/16 1st Reading Ordinance calling for Special Election 8/16/16 2nd Reading Ordinance calling for Special Election 11/8/16 Election Day • General Election —Mayor and Council • Crime Control District Tax • Possible Bond Election? • Charter Amendments • Park Decommissioning • Type A Tax IF BINDING REFERENDUM IS APPROVED BY THE VOTERS: 8/08/17 1st reading ordinance calling for a Special Election Issue: Binding Referendum to fund residential street maintenance 1 8/15/17 2nd reading ordinance calling for a Special Election 11/7/2017 Election Day • Street maintenance referendum IF RESIDENTIAL STREET REFERENDUM IS APPROVED BY THE VOTERS —Tax Levy Process: 8/14/2018 Motion setting date of 9/18/18 as date of adoption of ad valorem tax rate Motion setting public hearing dates for ad valorem tax rate: 1st public hearing - 8/28/18; 2nd public hearing - 9/11/18 8/28/2018 1st public hearing on ad valorem tax rate 9/11/2018 2nd public hearing on ad valorem tax rate 9/18/2018 Adoption of tax rate (NOTE: Possible rollback election process could be triggered if a petition is filed 90 days after the rate is adopted.) 10/01/2018 Deadline to Mail Tax Bills: Assessor shall mail tax bill to each property owner by October 1. 02/01/2019 Deadline for Tax Payments: Taxes are delinquent if not paid in full by February 1. 2